Legal Disclaimer for Downloadable Documents
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE DOWNLOADING OR USING ANY DOCUMENTS FROM THIS WEBSITE. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE DOCUMENTS PROVIDED ON THIS WEBSITE (COLLECTIVELY, THE "DOCUMENTS"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD OR USE THE DOCUMENTS.
Profound Studios, its parent company HMC Media Holdings, Inc., Point Source Media Management, LLC, and their respective affiliates, subsidiaries, officers, directors, employees, agents, successors, and assigns (collectively, the "Released Parties") provide the Documents as general templates, examples, and informational resources for educational and illustrative purposes only. The Documents include both legal instruments (e.g., performer agreements, director agreements, material release forms) intended to serve as customizable contractual templates and non-legal documents (e.g., vendor lists, credit obligations summaries) intended as organizational or informational tools. These Documents are not intended to constitute legal advice, create an attorney-client relationship, or substitute for professional legal counsel. They are provided as examples only and are not designed to be used as final, legally binding agreements or definitive guides without customization, review, and, where applicable, execution by a qualified professional.
Assumption of Liability and Release
By downloading, accessing, modifying, executing, or otherwise using any of the Documents, you (the "User") expressly agree to the following:
Assumption of All Risks and Liabilities: You assume full and sole responsibility for any and all risks, liabilities, damages, losses, claims, demands, costs, expenses (including attorneys' fees), and consequences arising from or related to your use, modification, execution, or implementation of the Documents. This includes, without limitation, any errors, omissions, inaccuracies, or inadequacies in the Documents that may lead to legal, financial, or operational issues in your projects or business dealings, regardless of whether the Document is a legal instrument or a non-legal tool.
Release and Waiver of Claims: You hereby irrevocably and unconditionally release, discharge, and hold harmless the Released Parties from any and all liability, claims, actions, suits, demands, damages, losses, costs, expenses, or causes of action, whether known or unknown, foreseen or unforeseen, arising out of or in any way related to your use, modification, execution, or implementation of the Documents. This release includes, but is not limited to, claims based on negligence, breach of contract, breach of warranty, strict liability, infringement of intellectual property rights, or any other legal theory. You waive any rights under applicable law (including, without limitation, Texas Civil Practice and Remedies Code Section 154.028 or any similar statute) that might limit the scope of this release.
No Warranties or Representations: The Documents are provided "AS IS" and "WITH ALL FAULTS," without any warranties or representations of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or compliance with any laws, regulations, or industry standards. The Released Parties do not guarantee that the Documents are error-free, suitable for your specific needs, or compliant with the laws of any jurisdiction, whether used as legal instruments or non-legal resources.
Requirement to Consult an Attorney
For Legal Instruments: You explicitly agree to review each Document that is a legal instrument (e.g., performer agreements, director agreements, material release forms) with a qualified attorney licensed in the relevant jurisdiction(s) prior to modifying, executing, or implementing it in any manner. This review is essential to ensure that the Document is tailored to your specific circumstances, complies with applicable laws (including but not limited to contract law, intellectual property law, labor law, and entertainment industry regulations), and adequately protects your interests.
For Non-Legal Documents: While not legally binding, you are encouraged to consult a professional (e.g., a production manager or legal advisor) to adapt non-legal Documents (e.g., vendor lists, credit obligations summaries) to your specific needs and ensure their practical utility.
Consequences of Failure to Consult an Attorney
Failure to consult an attorney before using the Documents, particularly legal instruments, may expose you to significant risks and adverse outcomes, including but not limited to:
Errors and Omissions: The Documents may contain typographical errors, incomplete clauses, or outdated provisions that could render legal instruments invalid, unenforceable, or ambiguous, or render non-legal tools unreliable. For example, missing definitions, inadequate representations and warranties, or incomplete indemnity clauses in legal instruments could lead to disputes, while incomplete vendor lists might cause logistical failures.
Non-Compliance with Laws and Regulations: Legal instruments may not account for jurisdiction-specific requirements, such as Texas contract laws, union rules (e.g., SAG-AFTRA or DGA guidelines), tax implications, or changes in legal precedents. Non-legal Documents may lack compliance with industry best practices. Using them without customization could result in violations of federal, state, or local laws, leading to fines, penalties, or voided contracts.
Legal Precedents and Disputes: Relying on un-reviewed legal instruments may set unfavorable precedents in your business practices or expose you to litigation. For instance, ambiguous credit obligations or rights assignments could trigger claims from talent or crew, resulting in costly legal battles, injunctions, or damage awards. Misuse of non-legal tools might lead to operational disputes.
Financial and Operational Risks: Inaccurate or incomplete provisions in legal instruments (e.g., regarding force majeure, confidentiality, or termination) could lead to financial losses, such as overpayments or project delays. Non-legal Documents with errors (e.g., incorrect vendor contacts) might disrupt production schedules or budgets.
Personal and Professional Liability: As the User, you bear the full burden of any consequences, including personal liability for breaches of legal instruments, reputational harm, or inability to enforce agreements. This could affect your relationships with collaborators, financiers, or distributors and hinder future projects, regardless of the document type.
The Released Parties shall not be responsible for any such risks or outcomes, even if they arise from your reliance on the Documents.
Acknowledgment and Acceptance
To download any Document, you must affirmatively acknowledge and accept this Disclaimer by clicking the box, "I Agree." Your continued use of the website or Documents after such acknowledgment constitutes your binding agreement to these terms. If you are acting on behalf of an entity (e.g., a company or organization), you represent and warrant that you have the authority to bind that entity to this Disclaimer.
This Disclaimer is governed by the laws of the State of Texas, without regard to conflict of laws principles. Any disputes arising from or related to this Disclaimer shall be resolved exclusively in the state or federal courts located in Tarrant County, Texas.
If any provision of this Disclaimer is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By proceeding, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into this binding agreement.
For questions or concerns, contact info@profoundstudios.media. This Disclaimer may be updated periodically; check the effective date for changes.