Legal Notices – Applicant Statements – Registration via Grenadine

(In force as of 2021-02-01)

The Applicant:

• has  its head office in Canada and carries out its activities in Canada in the film, television or digital media industries;
• declares that the application, the Applicant, the Activity and the Project(s), as applicable, fully comply with and will continue to comply with the eligibility criteria set out in the Activity’s call for entries (the “Eligibility Criteria”);
• declares that unless disclosed otherwise to Telefilm Canada (“Telefilm”) in writing at the time of submission of the application:
  • all persons specified as being Canadian in the application and all accompanying documentation, are Canadians in accordance with the Citizenship Act, permanent residents in accordance with the Immigration and Refugee Protection Act or under Canadian control pursuant to the Investment Canada Act;
  • the Applicant is a Canadian controlled entity, as determined under sections 26 to 28 of the Investment Canada Act;
  • there is no fact or event that could modify or affect the Canadian control of the Applicant in fact or in law;
  • there does not exist any rights nor options of any nature whatsoever, which may affect, modify or change, in any way, the control of the Applicant;
• authorizes Telefilm to discuss and disclose, as part of its activities and in accordance with its mission, any information concerning any aspect of the application, the Activity, the Project(s) (if applicable), any other activity in which the Applicant has participated, the Applicant and/or any related party to the Applicant, with actual or proposed financial partners, subcontractors, service providers and other collaborators of the Activity; the organizers of any events in connection with the Activity, including without limitation festivals, ceremonies, conferences and other sale, promotion or professional development activities; the contact persons and other key personnel set-out in the application or otherwise identified by the Applicant; the auditors and legal counsels; the Canada Media Fund; the Department of Canadian Heritage; any other governmental entities; and every entity connected (in Telefilm’s opinion) with the application, the Activity, the Project(s) (if applicable), any other activity in which the Applicant has participated, the Applicant or any related party to the Applicant (collectively, the “Entities”). The Applicant further authorizes said Entities to discuss and disclose to Telefilm any information concerning any aspect of the above;
• authorizes Telefilm to disclose on its website (including the RDVCANADA platform and Telefilm newsletters): (i) certain information in connection with the Project(s) (if applicable), including the title, genre, format, language, the Applicant and the key personnel members; (ii) any information regarding the application, the Applicant or the Activity; (iii) any photo or video content submitted by the Applicant to Telefilm in connection with the Activity or the Project(s); and (iv) any information that must be disclosed in accordance with the Access to Information Act and the Privacy Act;
• agrees to notify Telefilm immediately if and when any changes occur to any of the information or documentation submitted with respect to the application and shall provide written details of same;
• has made and shall make full disclosure to Telefilm of any dispute, and actual or potential litigation in connection with the Applicant, the Activity and/or the Project(s), if applicable;
• declares that the Applicant has not entered into any oral or written agreement or side deal that conflicts with any of the provisions of this application and the Eligibility Criteria;
• declares that neither the Applicant nor any related party to the Applicant are in breach of observing a provision under any other agreement between the Applicant or such related party (as the case may be) and Telefilm;
• understands that personal information submitted in connection with this application or with related operations is provided in accordance with the Personal Information Collection Statement;
• declares that all personal information, as defined by the Privacy Act, submitted to Telefilm herein and at any time in the future is provided with the consent and knowledge of the individuals concerned;
• understands that it is responsible for the accuracy of any information provided to Telefilm by persons acting in its name;
• authorizes Telefilm to reproduce and distribute internally to its employees and the Entities, any material, document, photo or video submitted at any time in connection with the application, the Activity or the Project(s) using any medium or support, including Telefilm’s servers and the servers of the Entities which may be located outside of Canada;
• agrees that Telefilm and the Entities, if applicable, will not act as a depositary or be responsible in any way for the holding or return of any data, material, document, photo or video submitted at any time in connection with the application, the Activity or the Project(s) and same may be destroyed at any time;
• acknowledges and agrees that Telefilm and its representatives shall incur no liability for any claim for damages which may result from access to the Grenadine platform (the “Platform”) or from the use or impossibility of use the Platform, including claims for damages sustained by third parties for which indemnification is sought from the Applicant; and
• agrees to indemnify Telefilm and its representatives from and against any claim, demand, judgment, damage or liability (including the disbursements, expenses and judicial and extra-judicial fees) it may sustain or incur as a result of the use of the Platform by the Applicant and its representatives.