Producer Agreement Form

I agree that my use of Midpeninsula Community Media Center (hereinafter the “Media Center ") facilities orresources shall constitute my acceptance and agreement to comply with all of the Media Center Policies and Procedures, including any amendments adopted by the Media Center as of the date of such use.

I understand that access and use of Media Center facilities and equipment is open to all persons who live or work within the Media Center service area, and/or those producing tapes for organizations within the service area. To be eligible for use, I certify that I am a resident or that I work in the Media Center service area, including Atherton, East Palo Alto, Menlo Park, Palo Alto, and the unincorporated parts of San Mateo County and Santa Clara County within the Cable Co-op service area, or provide a letter from the sponsoring organization.

Program material that I will record and/or submit for cablecast will not contain:
A. Advertising or material designed to promote the sale of commercial products or services.
B. The solicitation or appeal for funds for any purpose (unless specifically authorized by the Media Center)
C. 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.
D. Material which constitutes or promotes any lottery or gambling enterprise.
E. Obscene material, as defined by applicable law.
F. Material which may create an immediate danger of damage to property or injury to persons.

I shall not use the Media Center channel space, facilities or equipment for any financial gain or other commercial purposes. Exceptions to this include funding from a foundation or underwriting to produce a non-commercial program, or when the producer is an employee of a non-profit agency and will produce a show about that agency as part of their job hours. Underwriting credits will not include prices, product comparisons or descriptions, inducements to buy products, or hours of operation. They will not be over 10 seconds in duration per underwriter.

I will not allow anyone to handle Media Center equipment during production of my program that has not been certified by the Media Center to operate its equipment.

I agree to pay the costs of any repair or replacement of equipment or materials resulting from damage, careless handling, misuse or theft while such equipment or materials are in my possession or control or issued to me, normal wear and tear excepted. I understand the penalties that apply if I do not return equipment on time.

I understand that programming produced with Media Center equipment or facilities is for cablecast on Channels 27, 28 and or 30 (unless a specific exception is granted by the Media Center in writing.)

I understand that I will retain the copyright to any show that I produce using the Media Center equipment, and that the Media Center – for a period of twenty years – will have a non-exclusive license to:

(a) cablecast the program on its Access channel(s) and to webcast it on the internet simultaneously to its playback on the cable TV channel(s);
(b) use segments for non-commercial promotional purposes such as station ID's and video festival entries;
(c) retain copies of any show I produce for inclusion in the Media Center content archive;
(d) index, format, and otherwise create metadata for my show in order to enable the Media Center to search, retrieve, and otherwise use my show in an archival service; and
(e) perform, display, reproduce and permit third parties to access and download the show and metadata in connection with any archival services the Media Center may offer. I will leave the edited master in the Media Center library unless I supply the Media Center with a dub in the same format as the edited master, which will
be made at my own expense.

I understand that I may lose my access privileges if I am under the influence of alcohol or drugs, abusive, or disruptive on the Media Center premises, or act overly careless with Media Center equipment. I will not carry a
weapon on the Media Center premises unless I am doing so in an official capacity as an officer of the law.

10. I understand that I will not sell copies of my tape for a profit (an amount over the cost of dubbing and postage) unless I am doing so as a non-profit agency with a special agreement and separate contract with the Media Center. Neither will I sell the program as “video-on-demand” over the Internet for a profit, without a separate contract with the Media
Center.

11. I understand that if I use the Media Center equipment to make a program, then a credit to the Media Center will appear on that program which will not be left off if copied for distribution elsewhere.

MIDPENINSULA COMMUNITY MEDIA CENTER PRODUCER AGREEMENT Page 2

12. I agree to indemnify, defend and hold harmless the Media Center and the Joint Powers 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 litigations) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with these Operating Rules and Procedures, 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 Media Center channel space, video and/or audio facilities and equipment or other Media Center resources.

13. I agree that I shall not represent myself or any other person involved in volunteer productions or public access programming activities as an employee, representative or agent of the Media Center.

14. Any waiver of any breach of this Statement of Compliance shall not waive any continuing or other breach of the same provision or any other provision of this Midpeninsula Community Media Center Producer Agreement.

15. Should a dispute arise between parties with respect to their rights and duties under this Statement of Compliance, the prevailing party in such dispute shall be entitled to recover its attorney's fees and costs incurred in connection
therewith.

This Midpeninsula Community Media Center Producer Agreement is non-transferable.

Please check the statement below if you agree to give your permission:

[ ] The Media Center may make copies of my production for people who request them at no cost to me.

_____________________________________________
Applicant's Name *

_____________________________________________
Street Address*
City*

_____________________________________________
Organization (Must be indicated by Applicant who is
not a resident of the Media Center service area)

Phone Number____________________________

State Zip Code__________________________________________

Organization Phone Number____________________________

_____________________________________________
Signature of Applicant

_____________________________________________
Signature of Media Center representative

Date____________________________

Date____________________________

I certify that I am the parent or guardian of the above Applicant, ____________________________, a minor under the
age of eighteen years. I hereby agree to assume legal responsibility for his/her activities referred to in this Statement of
Compliance.

Date__________________

__________________
Phone Number of Parent
or Guardian (if different)

___________________________________________________
Signature of Applicant's Parent or Guardian*

___________________________________________________
Address of Parent or Guardian (if different)*

___________________________________________________