Inevitable Foundation Disabled Consultant Futures Fund Application Terms & Conditions
This agreement outlines the official terms and conditions (the “Rules”) that govern the submission of an application (“Application”) to Inevitable Foundation’s (the “Foundation”) Disabled Consultant Futures Fund (the “Program” or the “Disabled Consultant Futures Fund” or the “Fund”).
The person submitting the Application (the “Applicant” or “you”) acknowledges, agrees, declares, represents, and warrants that Applicant has read and understood the submission Rules and regulations set forth below:
Definitions
Consulting Services: Creative or technical assistance provided to film or television productions about being disabled, disabilities, the disability experience or other personal medical experiences.
Prospective Consultant: A Consultant who is applying to the Fund but has not yet been approved for the Fund.
Consultant: Disabled writers, actors, directors and academics who are currently working in the industry and/or who have film or television experience.
Qualified Consultant: A Consultant who has provided consulting services to a Qualified Offeror in the last two (2) years.
Approved Consultant: A Consultant who has been pre-approved by the Fund to submit Qualified Initial Consulting Offer and make referrals via the Referral Program.
Qualified Offeror: Industry-recognized production companies, studios, networks and streamers, in addition to individual professionals who are attached to/working for industry companies. This does not include independent films/television shows, short films, or student projects.
Qualified Initial Consulting Offer: An offer that a Qualified Offeror makes to a Consultant that meets all of the criteria set forth below in the Qualified Initial Consulting Offer section below.
Initial Back-Up Offer: A contingent offer from the Fund that an Approved Consultant can use to negotiate for their desired role and/or higher pay as a Consultant.
Confirmed Fund Offer: A contingent offer from the Fund that an Approved Consultant will receive once they complete all of the necessary legal documents.
Eligibility
The Disabled Consultant Futures Fund is open to U.S. citizens, permanent residents and international applicants. By submitting an application, Applicant agrees to be bound by these Rules and the decisions of the Foundation’s staff and Board of Directors, which are final and binding on all matters relating to this Program. The Foundation makes decisions about the Fund in its sole discretion and all decisions are final. The Program is subject to all applicable federal, state and local laws.
The Fund is currently open to disabled writers, actors, directors, producers and academics (“Consultants” or “Consultant”) who are currently working in the industry and/or who have film or television experience.
Applicants must meet all of the below requirements:
You self-identify as disabled.
You are 18 years of age or older.
You are an independent contractor, volunteer or the sole owner of an LLC or S-Corp that provides consulting services.
Applicants also must meet at least one (1) of the below requirements:
You are a disabled WGA member
You are a disabled DGA member
You are a disabled SAG-AFTRA member
You are a disabled writer, actors, director or producer with an agent or manager
You are a disabled writer, actors, director or producer who has a professional film or television credit to their name
You are a disabled writer, actors, director or producer who has placed in a major, industry-recognized screenwriting competition
You are an academic at major institution
Approved Consultant Eligibility
The Fund offers Consultants who have historically provided Consulting Services an opportunity to become Approved Consultants before they have a Qualified Consulting Offer to submit.
In order to apply to be an Approved Consultant, you must have provided disability consulting to a Qualified Offeror in the last two (2) years (a “Qualified Consultant”). If you do not meet this criteria, you can only apply to the Fund when you have a potential consulting offer for an upcoming job.
If you are an influencer or disabled person outside of the industry who has been asked to provide story consulting, please contact us at advocacy@inevitable.foundation.
The fund is not open to:
Organizations (for profit or non-profit) who provide consulting.
People who have ownership stakes or leadership/employment relationships with organizations (non-profit or for profit) that provide consulting services.
Inevitable Foundation reserves the right to determine Fund eligibility at its sole discretion.
Qualified Initial Consulting Offers
When a Qualified Offeror asks a Consultant to provide consulting services, it will be deemed a Qualified Initial Consulting Offer if it meets all of the following criteria:
Defined rate of pay (fixed fee or hourly)
Start date (must be within the next 60 days)
A scope of work (outline of consulting responsibilities)
The Fund will only cover Initial Qualified Consulting Offers, which means the rate of pay and scope of work that is initially offered to you. The Fund will not cover any negotiated increases off of the Initial Offer since Confirmed Fund Offers are already 1.5x of the Initial Qualified Consulting Offer.
If Applicant brings a pre-negotiated offer to the Fund, it will not be considered. All negotiations should happen after the Initial Offer is approved.
Application
By agreeing to these Rules, the Applicant acknowledges, agrees, declares, warrants and represents, that (a) all material submitted in their Application for the Program is truthful and to perform its duties and obligations hereunder, (b) nothing contained in the Application conflicts with or constitutes a default under any confidentiality agreement or any other agreement to which Applicant is a party; (c) it is unaware of any infringement or likely infringement of any third party’s rights, including but not limited to, privacy, publicity, nor may it in any way infringe upon a third party’s intellectual property rights including, but not limited to, copyright or trademark rights associated with the Application; and (d) there is not now outstanding, any litigation or claims or threats of claims or sums due which affect or are concerned with the Application or Applicant, or in any way touch upon any of the rights, licenses, and privileges associated with the Application that will impede upon Applicant’s ability to undertake the Program and perform thereunder.
The Foundation accepts Applications on a rolling basis and aims to notify Applicants within two (2) weeks of their submission. The application is broken into two parts:
Prospective Consultant Application: The application to become an Approved Consultant, which only needs to be completed once. Qualified Consultants can apply to become Approved Consultants without a Qualified Consulting Offer, while Prospective Consultants can only apply to become Approved Consultants when they have a Qualified Consulting Offer.
Qualified Consulting Offer Application: The application to approve each Qualified Consulting Offer, which needs to be completed for each offer you submit.
Applications must be submitted via the online application available at inevitable.foundation/consultant-futures-apply
If you need assistance completing your Application or special accommodations, please contact us by emailing advocacy@inevitable.foundation.
All Applicants will receive an email confirming receipt of their Application.
Application Requirements
The application to become an Approved Consultant asks for the following information:
Consultant name
Consultant email
Consultant mailing address
Consultant phone number
Information to verify basic eligibility
Various demographic information
Various profession information
Any relevant union and representative info
Information on prior consulting jobs
A series of brief statements (each 100 words or less) regarding your creative career goals, your perspective on disability representation in the industry, your current projects, and a personal biography.
The Qualified Consulting Offer Application asks for the following information:
Upload proof of the offer, which must include:
Defined rate of pay
Start date
A scope of work
Offer details including project name, payment amount, hours proposed, etc
Offeror information (name, title, email).
We will not contact this person, this is just for verification purposes
How you will invest your time and money in place of consulting
The Fund will only cover Initial Qualified Consulting Offers, which means the rate of pay and scope of work that is initially offered to you. The Fund will not cover any negotiated increases off of the Initial Offer since Confirmed Fund Offers are already 1.5x of the Initial Qualified Consulting Offer.
Application Review
The Foundation reviews Applications on a rolling basis and aims to get back to Applicants within a week of their submission (the “Review Period”). The Foundation will advance certain Applicants through the Application process at its sole discretion.
When an Applicant advances through the Prospective Consultant Application review, they will be named an Approved Consultant. When a Consulting Offer Application passes through the Application process, it will be named a Qualified Consulting Offer.
The Foundation may advance Applicants in the Review Process at its sole discretion, and all decisions are final.
Initial Back-Up Offer
When an Approved Consultant submits a Consulting Offer Application, the Foundation will review the application during the Review Period. Once the Foundation has completed its initial review process, an Approved Consultant will be notified via email that they have been approved for an Initial Back-Up Offer (the “Initial Back-Up Offer”).
An Initial Back-Up Offer is a specified amount of money that an Approved Consultant would receive if they were unable to negotiate for their desired role and terms on a given project. Initial Back-Up Offers expire four (4) weeks after they are made (the “Initial Back-Up Offer Period”), although they can be extended with the written consent of the Foundation.
For example, if a writer is asked to consult on a project that they are qualified to write on, and the writer was offered $500 to consult on the project, if an Approved Consultant submitted this offer and advanced through the review process, the Initial Back-Up Offer would $750 (1.5x the Initial Offer), which the Consultant can then use to negotiate for their desired role and terms.
The goal of the Initial Back-Up Offer is to give the Consultant a compensation floor that allows them to aggressively negotiate for their desired role and terms knowing that, at minimum, they will be paid this amount of money if they comply with the terms of the Agreement.
If the Consultant successfully leverages the Initial Back-Up Offer to negotiate a more desirable role, they agree to complete a Job History form within 60 days of completing their contract to aid the Foundation in its research and advocacy efforts.
Confirmed Fund Offer
If the Consultant is unable to negotiate for their desired role or terms during the Initial Back-Up Offer Period, the Consultant can complete a Disbursement Form to request that the Initial Back-Up Offer be converted to a Confirmed Fund Offer (the “Confirmed Fund Offer”). After 1) the Approved Consultant completes the form; 2) the Foundation finalizes its review process and 3) the Approved Consultant completes its final steps, the Confirmed Fund Offer would then be paid out to the Consultant.
Initial Back-Up Offers can be revoked at the sole discretion of the Foundation if the Approved Consultant breaches the terms of this agreement. There is no guarantee that an Initial Back-Up Offer will be converted into a Confirmed Fund Offer.
Approved Consultants and Qualified Consulting Offer Notification and Requirements
Approved Consultants will be notified at their email address and/or phone number indicated on their Application when their Initial Back-Up Offer is converted into a Confirmed Fund Offer.
In order to finalize the Confirmed Fund Offer, an Approved Consultant will be required to complete the steps below for each Confirmed Fund Offer:
An Approved Consultant Contractor Agreement, which will set forth the terms of the Approved Consultant’s work with the Disabled Consultant Futures Fund.
Any other documents required by the Foundation.
All documents must be returned to the Foundation within seven (7) days of each document request. Failure to respond to the Foundation within this seven (7) day period may be deemed to be a withdrawal of the Application by the Approved Consultant. The inability of the Foundation to receive a response from a Approved Consultant within a reasonable time period whether due to a change in the Approved Consultant email address, phone number or noncompliance with these Rules by the Approved Consultant may result in disqualification and, at the Foundation’s sole discretion.
Approved Consultants may not substitute, assign or transfer participation in the Program. All federal, state and local taxes and all other costs associated with Program acceptance and use not specified herein as being provided are the sole responsibility of the Approved Consultant. We highly recommend each Approved Consultant speak with a tax professional.
The Applicant understands that providing false or misleading information on its Application, or failing in any other way to comply with the Rules, will subject Applicants and Approved Consultant to disqualification, forfeiture of the Program money and/or other penalties and a lifetime ban from future participant in any of the Foundation’s programs.
Referral Program
The Foundation aims to leverage its network of Approved Consultants to spread the word about the Fund and help push back against exploitative story consulting work (the “Referral Program”).
Approved Consultants can invite Potential Consultants to apply for approval by sharing the Consultant Application inevitable.foundation/consultant-futures-apply (the “Referral”). In order to qualify as a Referral, the Potential Consultant must name their referrer on their application.
Only Qualified Consultants are eligible to be referred.
If an Approved Consultant makes a successful referral, they will be paid $50 when the Qualified Consultant they referred becomes an Approved Consultant (the “Referral Fee”).
Indemnification & General Conditions
Applicant hereby declares, represents, and warrants that the Application does not infringe upon, or otherwise violate the copyrights, trademarks, rights of privacy or publicity, or other intellectual property or other rights of any person or entity. By participating in the Application process, Applicant agrees to and hereby does release, discharge, indemnify, defend and hold harmless, at Foundation’s election, the Foundation and its, employees, directors, officers, agents, affiliates, successors, licensees and assigns, and their respective officers, members, employees, agents, representatives and designees (including those acting as Reviewers) (each a “Released Party” and collectively, “Released Parties”) from and against any and all claims, injuries, liability, losses, costs, expenses, judgments, awards, settlements and other liabilities of any kind (including, without limitation, reasonable attorneys’ fees and costs) to Applicant or a third party, including acts or allegations of infringement, misappropriation, conversion, or other tortious or infringing conduct, resulting, in whole or in part, directly or indirectly, from Applicant’s submission of the Application, breach of representation or warranty made by the Applicant or participation in the Program or any Program-related activity or the Foundation’s use, review, or transmittal of any material submitted with the Application.
Miscellaneous
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, viruses, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the processing of Applications, the reviewing of Applications, the announcement of the Approved Consultants, the incorrect uploading of the Application or in any Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. Released Parties are not responsible for injury or damage to Applicants’ or to any other person's computer related to or resulting from participating in this Program or use of the submissions website.
Further, the Released Parties are not responsible for any additional expenses, omissions, delays or rerouting resulting from any acts of any government or authority. Released Parties are not responsible for or liable to any Applicant or to the Approved Consultant or any person claiming through such Approved Consultant for failure to conduct the Program any part thereof by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Released Parties’ sole control. Should any portion of the Program submission page be, in Foundation’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Foundation, corrupt or impair the administration, security, fairness or proper play, or submission of Applications, Foundation reserves the right at its sole discretion to take any action to prevent or correct such cause, including, without limitation, to block suspect computers or IP addresses, or to suspend, modify or terminate the Applicant’s Application. In the event of a dispute regarding Applications received from multiple users having the same email account, the authorized subscriber of the e-mail account at the time of Application will be deemed to be the Applicant and must comply with these Rules.
LIMITATION OF LIABILITY:
BY APPLYING FOR THE PROGRAM, APPLICANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY PRIZE AWARDED, WILL BE RESOLVED IN ACCORDANCE WITH THE Program TERMS AND CONDITIONS, INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY APPLICANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND APPLICANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) APPLICANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND APPLICANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Foundation’s failure to enforce any term of these Rules will not constitute a waiver of that provision. Applicants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, without giving effect to the conflict of laws principles of each State. All legal proceedings related to this Agreement or the transactions herein described shall be commenced and held in New York.
NO PURCHASE IS NECESSARY TO ENTER. VOID WHERE PROHIBITED BY LAW.
Updated 3/13/23