Cablecast Request Form
This form authorizes BCM to broadcast content over channel 28 and over the website www.bcmtv.org
By signing this, I assume full responsibility for the content of all program material submitted by me. I understand all copyright laws and I ensure that the material that I ask to cablecast on TV and upload to the BCMTV.ORG website will not violate any rights of any third party. Furthermore, I have read, understand and will abide by all BCM rules, procedures, and the indemnity agreement as outlined on the following pages. I hereby authorize BCM to broadcast/cablecast my program material on TV as well as the Internet. BCM is not responsible for lost or destroyed media.
In addition, I agree to the following:
A. Program material that I will record and/or submit for cablecast will NOT contain:
1. Material designed to promote the sale of commercial products or services.
2. Advertising which endorses or opposes candidates for public office which is also intended to be presented as a paid political advertisement or other media.
3. The solicitation or appeal for funds for any purpose (unless specifically authorized by BCM).
4. Material which constitutes or promotes any lottery or gambling enterprise.
5. Obscene material, as defined by Title 18 of the United States Code, Section 1464.
6. Material which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or which might violate any local, state or federal law.
7. Material which may create an immediate danger or damage to property or injury to persons.
B. I assume full responsibility for the content of all program material cablecast or streamed over the World Wide Web and will ensure that such program material will not violate any right of any third party.
C. I have obtained or, before the program material is cablecast or streamed over the World Wide Web, I will obtain all required approvals, clearances, licences, etc. for the use of any program material which I submit for cablecast or streamed over the World Wide Web, including but not limited to approvals by broadcast stations, networks, sponsors music licensing organizations, copyright owners, performers' representatives, all persons appearing in the program material, and any other approvals that may be necessary to transmit program material over the internet bandwidth, video and/or audio channels managed by BCM.
D. I agree to indemnify, defend and hold harmless BCMTV, BCM, the City of Berkeley, and their respective directors, officers, agents and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigation) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with this agreement, any applicable laws, rules, regulations, or other requirements of local, state or federal authorities, for claims of libel, slander, invasion of privacy, personal injury, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the use of BCM channel space or internet bandwidth.
E. I agree that I shall not represent myself or any othe4r person involved in community use or public access programming activities as an employee, representative or agent of BCM.
F. In my use of BCM channels, internet bandwidth, or resources, I agree to comply with all applicable rules and regulations of Federal, State and local governments and all other regulatory agencies, including the Federal Communications Commission.
G. I shall not use BCM channel space or internet bandwidth for any financial gain or other commercial purposes. I understand that programming produced with BCM equipment or facilities must appear on the video, internet bandwidth, or channels managed by BCM.
H. I understand that false or misleading statements made in the Complieance and Indemnity Agreement ("Agreement") are grounds for forfeiture of the right to use BCM channel space, internet bandwidth, facilities and equipment.
I. I understand and agree that I am an independent contractor and that no relationship of employee or principal-agent exists between BCM and myself.
J. Any waiver of any breach of the Agreement shall not waive any continuing or other breach of the same provision or any other provision of this Agreement.
K. Should a dispute arise between parties with respect to their rights and duties under this Agreement, the prevailing party in such a dispute shall be entitled to recover its attorney's fees and costs incurred in connetion therewith.
L. This Agreement is non-transferable. By signing this, I assume full responsibility for the content of all program material cablecast. I understand all copyright laws and I ensure that the program material cablecast will not violate any rights of any third party. Furthermore, I have read, understand and will abide by all BCM rules and procedures as outlined above and in the cablecast guidelines.
I hereby authorize BCM to broasdcast my program material on TV as well as the internet. I have read and agreed to everything above.
Producer/Member Signature ______________________
Producer/Member Printed Name __________________
Name of Program_______________________________
BCM is not responsible for lost or destroyed media. If not picked up, BCM reserves the right to recycle content after 90 days.