Terms & Conditions

1. Candella Films Limited (Company number: 05374810) whose registered office is at 142 Chapel Street, Salford, M3 6AF(hereafter referred to as "Candella") is running a project to distribute short films to short film competitions and festivals around the world. A selection committee established by Candella will select up to ten (10) films which will be compiled on a DVD and or compiled in a digital folder ("the Portfolio") and submitted to short film competitions/festivals in the UK and around the world ("Festivals") on a non-exclusive basis i.e. submitting your film to Candella does not stop you from submitting or screening your film at festivals independently of Candella however if your film is selected for the Portfolio, you will be required to enter into an all exclusive Sales Agency Agreement with Candella's Sales Agent – FREAK Short Film Agency (hereafter referred to as "Freak") see clauses 6 and 7 below. In consideration of the administration fee and Candella's review of the submitted film for possible inclusion on the Portfolio, the applicant, who must be the producer or director of the film and is hereafter referred to as ("you") grants the sole right to Candella to include such film in Candella's Portfolio for non- exclusive distribution to the Festivals. By submitting your short film to Candella together with any other materials including but not limited to those set out in clauses 3 and 6 below ("the Submission Materials"), you agree to be bound by these terms and conditions .

2. Submissions must comply with the following requirements:

2.1 The maximum running time of the films is 30 minutes.

2.2 The film must have been completed after July 2010.

2.3 The screening copy of films that are not English spoken, are required to have an option to view with English subtitles.

2.4 Submissions must have been either fully or partly produced in the UK or be recognised as British under the European Convention on Cinematographic Co-production.

3. You are also required to submit with the DVD , the application form and submission fee of £20 payable by BACS as detailed on the Submission Form.

1. Three high-resolution photos of stills from the film and one of the director.
2. A photocopy of the passport of the director and the producer.
3. Information and biographical material about the director and the film.

Please send all the above mentioned material to Candella Films at the address stated at the end of this form. Please mark the envelope as "non commercial value - for cultural purposes only". A letter acknowledging the receipt of the material will be sent via e-mail.

4. The Candella selection committee will comprise of representatives from Candella Films Limited and professionals from the cinematographic, artistic and cultural sectors, around the world. The selection committee will select the films for inclusion in the Portfolio at its sole discretion and the decisions of the selection committee will be unappealable and final.

5. The DVDs of the submitted films will NOT be returned. They will form part of the archives of Candella. For the avoidance of doubt the Candella will not forward copies of the film to any third party other than as set out in these terms and conditions.

6. If your film is selected for inclusion in the Portfolio you will be required within seven (7) days of notification to:

6.1 Provide a DVD copy of your film with English subtitles, even if your film is English spoken. Any other languages on the subtitles are welcome but not essential.

6.2 Provide a copy of the film in the following formats:

6.2.1 Digital Betacam 16:9 without subtitles.

6.2.2 Digital Betacam 16:9 with subtitles.

6.2.3 Quicktime 16:9 1920 x 1080 (approximately 1GB) with an option to view English subtitles.

6.3 Provide any additional information and biographical material about the director and the film as requested by Candella.

6.4 Enter into an exclusive Sales Agency Agreement with Freak as detailed at clause 7.

Upon receipt of the items listed at 6.1 to 6.3 inclusive at the address notified to you by Candella and upon entering into the agreement referred to at clause 6.4 the selected films will be presented in the Portfolio with the information provided about the film and submitted to competitions at selected Festivals.

7. The main terms of the Sales Agency Agreement with Freak are as follows:

7.1 You will be required to appoint Freak as your exclusive sales agent throughout the world in respect of the film for a period of two (2) years ("the Term").

7.2 During the Term Freak will require you (inter alia) to grant Freak the following rights on an exclusive basis; the right to reproduce, distribute and communicate the film to the public and to exploit the intellectual property rights in the film including in respect of (i) Video on Demand, (ii) Pay Television ("TV") terrestrial, satellite, cable and other TV whether transmitted via digital or analogue, (iii) Broadcast TV (iv) Internet and global, (v) Content Distribution, (vi) Digital including via mobile and other communications, (vii) Theatrical exhibition (viii) Video and DVD, (ix) In-flight airlines and (x) public transport.

7.3 In consideration of the grant of rights set out at clause s 7.1 and 7.2 Freak will take a 35% share of each sale and pass on the remaining 65% (gross) to you.

7.4 Freak will also require information which evidences that you have cleared the rights to use (i) any music used in the film, (ii) all images that appear in the film and (iii) that you own the rights in the film or otherwise have obtained all relevant permissions.

8. Candella will inform the primary contact indicated on the submission form ("the Primary Contact") of the Festivals that it intends to submit the Portfolio to. Inclusion in the Portfolio does not guarantee that the film will be shown at any of the Festivals to which it is submitted, as the Festival selection committees are the final arbiters. In the event that your film is selected for screening at a Festival, the Primary Contact will be informed of this and of all known screening venues, dates, awards and the terms and conditions of entry of such Festival. Some or all of this information will also be announced by the festival in the official programme of the Festival. Candella anticipate that any new awards that Festivals may subsequently agree to hold further to submission of the film will be appropriately announced via festival communication channels (Web site, press releases etc.).

9. Where a film is selected to be screened at a Festival you must (if not already provided):

9.1 Provide a screening copy of the film:

9.1.1 in one of the following formats: 16 mm or 35 mm (silent or with incorporated optic sound) or Video Digital Beta PAL, as requested by the Festival;

9.1.2 by the date indicated by the Festivals further to the selection.

9.2 Ensure that the exterior of the tin or box containing the screening copy contains the following information:

9.2.2 film title, director, running time, screen format, aspect ratio, type of sound; and

9.2.3 the address to which the screening copy should be returned, unless you have arranged otherwise with Candella and with the festival that has selected the film.

10. Where your film is selected for showing at one or more Festivals, in the event that Candella agree to duplicate copies of your film to provide to such Festivals (to enable them to screen the film), you will if requested by Candella, allow Candella to insert the credit "Supported by Candella Films Limited " at the end of the film.

11. By submitting your film you authorise free reproduction of stills and clips, under three minutes of length, for all festival publications, press, TV, and Internet coverage. You also consent to the non exclusive right for Candella and the festivals to use both the director's and the producer's name, likeness, photograph, voice sound and biographical information in connection with any and all publicity and promotional materials at the Festivals and/or to promote Candella and your film.

12. Candella will endeavour to facilitate contacts between the Primary Contact and the Festivals which elect to show your film, by passing on the Primary Contact's contact details to such Festivals as a result of Candella's distribution and promotion.

13. Candella will submit the Portfolio to the Festivals, however where the film is selected for screening, you are liable for the shipping/postal and any other related costs of sending the film to the Festivals, where it is to be screened. Candella will endeavour to ensure that the charges for returning the film are covered by the Festival.

14. The Festival may at its discretion reimburse the reasonable hotel and meal costs of filmmakers whose films are selected for screening at such Festivals. The Festivals will be responsible for setting the budgets (if any) in respect of this and for deciding how many nights they will cover and any limits on such expenses.

15. Subject always to any prior arrangement that you may have with a third party funder and/or any third party, in the event that a jury of a Festival selects your film for an award, you are entitled to keep any sum of money given as part of such award, in accordance within the rules and regulations of the Festival providing such award.

16. Without prejudice to clause 17 below Candella will endeavour to ensure that film copies are insured by the Festivals for their print value and that all necessary precautions are undertaken in the films' handling and returns.

17. You acknowledge that Candella accept no liability whatsoever for non-receipt, damage or loss of the Submission Materials and that you cannot hold Candella liable for any non-receipt loss of or damage to the Submission Materials whilst on loan to the Festival. You agree to hold Candella harmless from and against all actions, claims, demands, liabilities, damages, costs, losses or expenses (including without limitation, consequential losses, loss of profit, loss of reputation and all interest, penalties, legal and other professional costs and expenses) resulting from any such non-receipt loss or damage.

18. You warrant that:

18.1 you have the full right and authority to submit the Submission Materials for the purposes set out in these terms and conditions and that you are the owner of such work or have the written consent of the owner of such work;

18.2 the Submission Materials do not infringe any third party's rights and that you have obtained all applicable licences which are required from any third party funders/contributors or intellectual property right holders, including all licences in respect of any music contained within the film, in order to permit Candella to distribute the films to the Festivals in the manner set out in these terms and conditions;

18.3 to the extent that the Submission Materials are based on an existing published work, you further warrant that you are the owner of such work or have written consent from the author or owner of such published work to adapt such published work into a film;

18.4 in the event that Creative England, the British Council or the UK Films Council hold any rights in the Submission Materials you have obtained all relevant permissions enabling you to submit the works to Candella and enabling Candella to promote and distribute the film free of charge. You have provided Candella with details of the extent of the rights of Creative England,the British Council and/or the UK Films Council and you agree at the request of Candella Films Limited to obtain any additional documentation as reasonably required by Candella to enable Candella to verify this information.

19. You shall indemnify and hold harmless Candella Films Limited from any claim, threatened claim, loss, damage or expense (including legal fees) arising out of or in connection with the Submission Materials (including without limitation any third party claim or threatened claim whether or not successful based on the Submission Materials) or any breach of warranty contained within these terms and conditions.

20. Some or all of the personal information which you provide to Candella through participating in this project may be held on computer for statistical purposes or used for the administration of applications and awards by Candella Films Limited. Candella may be required to provide copies of the information to the Festivals to enable them to assess the submissions and make the awards. All personal information will be processed by Candella in accordance with the applicable data protection legislation.

21. You acknowledge that you have read, understood and complied with these terms and conditions and the information contained in the attached submission form. You further acknowledge that the same constitute the entire understanding between you and the Candella and supersedes all prior understanding correspondence or documentation. Should any provision of these terms and conditions be deemed void or unforceable such part will be deemed to be deleted and all other provisions of these terms and conditions will continue to have full force and effect. Any variations or waivers to these terms and conditions are required to be in writing and signed by both yourself and Candella.

22. This agreement will be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Submissions must be sent to:

Other requested materials should be sent to the address set out above unless Candella informs you otherwise.