Inevitable Foundation Visionary Fellowship Application Terms & Conditions Agreement

This agreement outlines the terms and conditions (the “Terms and Conditions”) that govern the application (“Application”) to the Inevitable Foundation (“Foundation”) Visionary Fellowship (the “Fellowship”). The Fellowship is awarded once per year and the submission window will be publicized on the Visionary Fellowship Program page (the “Application Period”).

The Fellowship provides applicants with the opportunity to submit treatments, scripts, trailers, films, lookbooks, storyboards and/or other written, audio and/or visual materials (collectively, “Creative Materials”) as part of their Application to the Foundation’s Fellowship.  

By agreeing to these Terms And Conditions, the person submitting the Creative Materials (the “Applicant”) represents and warrants that the Applicant has obtained consent from any and all co-creators or other individuals with rights in and to the Creative Materials (hereafter called the “Creative Material Owners”) to submit the Creative Materials on their behalf as part of the Application and further that the Applicant has the right to bind the Creative Material Owners to these Terms and Conditions. 

Eligibility

By submitting an application, Applicants agree to be bound by these Terms and Conditions and the decisions of the Selection Advisory Committee and Inevitable Foundation’s Board of Directors, which are final and binding on all matters relating to this Fellowship. The Foundation awards Fellowships in its sole discretion and all decisions are final. The Fellowship is subject to all applicable federal, state and local laws.

The Fellowship is for any person who meets the following conditions: 

  • Self-identifies as disabled

  • Lives in the U.S. or Canada 

  • 18 years of age or older

  • Has no professional directing credits (feature films or television)

  • Has not received grant funding more than $25,000 to make a short film in the last 24 months

  • Is a writer who wants to direct their own work

  • Is submitting original Creative Materials that are or are intended to be films and/or TV shows. Submissions can include material you own the rights to and are adapting into a project so long as it does not infringe the copyright or any other proprietary right of another individual or entity. 

  • Demonstrates that without the Fellowship or similar financial support, you are not in a position to meet your basic financial needs while still pursuing on a full-time basis the sort of writing and/or filmmaking projects that represent the Foundation’s charitable mission. 

Application 

We accept Applications during the Application Period. We will notify Applicants of final decisions in November 2024.  

Applications must be submitted via the online application available at https://inevitable.foundation/visionary-apply. 

Given our mission to invest in disabled writers and filmmakers, we strongly believe in making reasonable accommodations during the Application Review Process. Such reasonable accommodations might include, for example, procuring an ASL interpreter or video captioning for the interview round of the Application Review Process or ensuring that the Application is accessible by a screen reader. If you need assistance completing your application or special accommodations, please contact us by emailing programs@inevitable.foundation.

All Applicants will receive an email confirmation receipt of their application.  

By submitting an Application, Applicant acknowledges and agrees that Foundation may receive many Applications in connection with this Fellowship and/or other Fellowships offered by Foundation, and that other Applications may be similar or identical in theme, idea, format or other respects.

Applicant waives any and all claims that any Application and/or other works accepted, reviewed and/or used by the Foundation (or its respective designees, including the Selection Advisory Committee) may be similar or identical to Applicant’s Application, or that any compensation is due to Applicant in connection with such Application or other works used by Foundation.

Application Requirements  

Application may not contain, and Foundation, in its sole discretion, may disqualify and/or remove any Application that contains, any content that: 

  • Defames Foundation or any other people or companies.

  • Contains any third person’s personal information, such as personal names or e-mail addresses.

  • Contains materials that infringe the rights of any third party.

  • Contains materials embodying the names, likenesses, voices, or performances identifying any celebrities and/or other public or private figures, living or dead or the names, likenesses, voices, or performances (collectively, “Likeness”) of any individual other than Applicant without permission as required under this Fellowship.

  • Violates any law or regulation; or is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Terms and Conditions, including for broadcast or theatrical release, as determined by Foundation in its sole discretion.

The Application must be the original work of the Applicant (and, if applicable, any Creative Material Owners) and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. 

By submitting an Application, Applicant warrants and represents that (i) any persons appearing or who are identifiable in the Application (including Applicant) consent to the use of their Likeness in the Creative Materials and the Application as set forth herein and (ii) the owners of any third party materials included in the Creative Materials whose consent are necessary for their use as part of the Application have provided such consent. 

Application Review

The Application process has four rounds: 

  • Qualifications and Personal Statements Assessment: In the initial round, we will review applicants' qualifications and personal statements. This step will help us gain insights into their background, experiences, and motivations, ensuring a strong alignment with the program's objectives.

  • Visual Material Review: To better understand the applicant's creative vision and storytelling abilities, we will carefully examine their submitted materials, which may include short films, lookbooks, storyboards or any other relevant visual content. This evaluation will play a pivotal role in assessing the potential of each candidate.

  • Interview: In this round, we will conduct interviews with the semi-final applicants to get to know them and their work better. 

  • Recommendations from other Filmmakers: In an effort to promote inclusivity and diverse perspectives, we will present the top applicants to a panel of disabled and non-disabled directors. This panel will provide valuable insights and recommendations to Inevitable Foundation’s Board of Directors regarding which Fellows should be selected for the program. Their expertise and unique viewpoint will contribute to the final decision-making process, ensuring that a wide range of voices is represented in the program's cohort.

Foundation employees, directors and officers may advance Applicants in the selection process and award the Fellowship at their sole discretion and all decisions are final. 

Finalists Notification and Requirements 

Finalists will be notified at their email address and/or phone number indicated on their Application. 

In order to accept the Fellowship, Finalist will be required to complete: 

  • A Fellowship Agreement which will set forth the terms of Applicant's involvement with the Fellowship. 

  • A Financial Disclosure Worksheet, which attests to the financial need of the Finalist, which is required in order to be eligible for the Fellowship. 

  • Any other documents required by Foundation.

All documents must be returned to the Foundation within seven (7) days. Inability of the Foundation to contact a Finalist within a reasonable time period (whether due to a change in email address or otherwise) or noncompliance with these Terms and Conditions by the Finalist may result in disqualification and, at Foundation’s sole discretion, a runner-up Finalist may be selected. 

If any Finalist is at least 18 but still considered a minor in his/her jurisdiction of residence, Foundation reserves the right to request that a parent or legal guardian complete the documents set forth above.

Finalist may not substitute, assign or transfer participation in the Fellowship. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the finalists. We highly recommend each Finalist consult with a tax professional. 

Intellectual Property Rights  

As between Foundation and the Applicant, the Applicant retains ownership of all intellectual property rights (including moral rights) in and to the content of the Application. As a condition of Application, Applicant grants Foundation, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, modify, publish, distribute, and publicly display the Application for the purposes of allowing Foundation and the judges to evaluate the Application for purposes of the Fellowship. The Foundation will retain Application records for at least five (5) years. If you would like us to remove your application from our records, please email programs@inevitable.foundation. 

General Conditions  

By participating in the Fellowship application process, each Applicant agrees to release and discharge Foundation, and its respective affiliates, employees, directors, officers and agents (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s Application. Applicant further agrees to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims or actions arising out of or in connection with Applicant’s Application or any breach of these Terms and Conditions by Applicant.

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 Application, including, without limitation, errors or difficulties which may occur in connection with the administration or processing of Applications, the judging of Applications, the announcement of the finalists, the incorrect uploading of Creative Materials or in any Application-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 Fellowship Application process. 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 the Application process or use of the Application 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 or liable to any Applicant or to the finalist or any person claiming through such finalist for failure to conduct the Fellowship 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 Application 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 Fellowship. 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 Terms and Conditions.

LIMITATION OF LIABILITY:

BY SUBMITTING AN APPLICATION FOR THE FELLOWSHIP, 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 ITS APPLICATION WILL BE RESOLVED IN ACCORDANCE WITH THESE 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 Terms and Conditions will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms and Conditions 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 Terms and Conditions will not constitute a waiver of that provision. Applicants agree to waive any rights to claim ambiguity of these Terms and Conditions. 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.

These Terms and Conditions 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 these Terms and Conditions or the transactions herein described shall be commenced and held in New York.

Any term of these Terms and Conditions that by their nature extend beyond its expiration or termination shall remain in effect, including but not limited to the Eligibility, Application Requirements, and Limitation on Liability.

NO PURCHASE IS NECESSARY TO ENTER. VOID WHERE PROHIBITED BY LAW.

Updated 5/21/24