“Baby Cow Productions Limited and George & George Co Limited (together, “the Company”) are intending to: (a) develop and produce a series of audio-visual shorts based upon and/or inspired by the sexual experiences (“the Experiences”) of people during the current Coronavirus lockdown (“the Shorts”); and (b) exploit the Shorts in any and all media throughout the world.

To this end, the Company is seeking stories based on people’s Experiences (“the Stories” and individually “a Story”) with a view to incorporating such Stories (whether whole or in part, or whether in a form that has been edited, amalgamated, anonymised and/or adapted) as the basis of and/or inspiration for the Shorts.

When submitting your Story (“Your Story”) to the Company, please ensure that Your Story has been anonymised (i.e., please remove references to any identifying names, places, etc).

Please read carefully the following terms and conditions (“Terms & Conditions”) upon which Your Story is submitted to the Company:

1.       As full consideration for all rights in Your Story granted and assigned hereunder, the Company shall pay to you the sum of £1 (the receipt and adequacy of which you hereby acknowledge) (“the Fee”).

2.       The Fee is a complete buy out of all of your rights in and to Your Story, the Shorts and any and all allied and ancillary rights thereto, and you shall not be entitled to any further sums whatsoever by reason of the exploitation of Your Story, the Shorts or any and all allied and ancillary rights therein by way of any and all media (now known or hereafter invented) throughout the world.

3.       You irrevocably and unconditionally grant and assign (with full title guarantee) to the Company (by way of an immediate grant and assignment of present and future rights) the entire copyright and all other rights, title and interest of whatsoever nature, whether vested or contingent, in and to Your Story, the Shorts and all other allied and ancillary rights thereto TO HOLD the same unto the Company absolutely throughout the world in all languages for the full period of copyright together with all possible renewals, reversions, revivals and extensions thereof and thereafter (insofar as may be or become possible) in perpetuity to the extent permitted by law. This assignment shall be without reservation or condition so that no right of any kind, nature or description in Your Story is reserved by you.

 

4.       You recognise that the Company has the unlimited right to edit, copy, alter, add to, take from, amalgamate, anonymise and adapt Your Story and you hereby irrevocably and unconditionally waive in perpetuity all moral rights that you may have in and to Your Story and the Shorts whether arising under the Copyright Designs and Patents Act 1988 (as amended) (“the Act”) or otherwise and the benefits of any provision of law known as “droit moral” or any similar law in any country throughout the world. Further, you undertake not to institute, support, maintain or permit any action or lawsuit in any part of the world on the grounds that Your Story (or any version or adaptation thereof) constitutes an infringement or mutilation of your moral rights or “droit moral” or on the grounds that Your Story has been altered in a derogatory manner.

 

5.       The Company shall be the sole owner of the copyright in Your Story and the Shorts with the right to make use thereof as it shall decide. For the purpose of the copyright law of the United States of America and any jurisdiction which does not recognise an assignment of future copyright, Your Story shall be deemed as a “work made for hire” under a contract of service to the Company, and the Company shall be deemed to be the author.

 

6.       The rights assigned and granted by you to the Company include all rights of communication to the public by satellite, cable retransmission rights and all rental and lending rights, whether now known or hereafter existing, throughout the world in and to Your Story and the Shorts. Further, you hereby acknowledge that the Fee includes a payment in respect of the rental and lending rights which represents adequate and equitable compensation for the assignment of those rights. You shall not be entitled to restrict or prevent the exploitation of Your Story and/or the Shorts should such consideration be held not to be adequate or equitable.

 

7.       You warrant to the Company that you are entitled to assign and grant to the Company the rights assigned and granted under these Terms & Conditions, and that the Company’s exercise of those rights shall not infringe the copyright or any other rights of any third party.

 

8.       You irrevocably release the Company from all liability of whatsoever nature arising as a result of the portrayal of Your Story in the Shorts, including any claims in respect of defamation, invasion of privacy or otherwise.

 

9.       These Terms & Conditions represent the entire agreement between the parties in respect of its subject matter and replaces any previous agreement relating to the subject matter.

 

10.   The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms & Conditions and no term or condition of these Terms & Conditions shall confer or be construed as conferring any right on any third party.

 

11.   The Company gives no guarantee that the production of the Shorts will proceed to completion and the Company is not obliged to include Your Story in the Shorts.

 

12.   If any clause or any part of these Terms & Conditions or its application to any party shall for any reason be adjudged by a court of law or other legal authority of competent jurisdiction to be invalid, this judgment shall not affect the remainder of these Terms & Conditions, which shall remain in full force and effect.

 

13.   Data Protection Legislation

For the purposes of applicable “Data Protection Legislation” (being (i) unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time and then (ii) the Data Protection Act 2018 and any successor legislation to the GDPR or the Data Protection Act 2018):

a.       each party warrants and undertakes to the other party that it will at all times comply with all applicable Data Protection Legislation in carrying out its obligations and exercising its rights under these Terms & Conditions;

b.      each of the parties shall, as soon as reasonably practicable, notify the other party if it considers that it has provided, received or processed any personal data in connection with these Terms & Conditions in breach of any applicable Data Protection Legislation; and

c.       the Company will collect and process information relating to you for the purposes of these Terms & Conditions in accordance with its Data Protection Policies (being the Company’s data protection policies available here) from time to time in force.

For the avoidance of doubt, this clause operates in addition to, and does not seek to and shall not operate to relieve, remove or replace, a party’s obligations under the applicable Data Protection Legislation.

 

14.   These Terms & Conditions and any dispute or claim related to them (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits any dispute or claim in connection with these Terms & Conditions to the exclusive jurisdiction of the courts of England.

 

By clicking on the “I Accept” button you are confirming that: (a) you have read, acknowledged, understood and are agreeing to these Terms & Conditions and (b) you are agreeing to the Company’s use of Your Story in accordance with these Terms & Conditions.