Dear {{Organizer’s name (list all names in case of multiple organizers)}},
I, as a participant in the event below (hereinafter referred to as “Event”) held by {{Organizer’s name (list all names in case of multiple organizers)}} (hereinafter referred to as “Organizers”), agree to the matters as follows.
Event Name: {{Event name}}
Event Date and Time: {{Event date and time (list all dates and times in case of multiple dates and time)}}
Event Location: {{Event location}}
The purpose of this Event is to <> with participants contributing diverse perspectives and knowledge together, creating ideas, providing their own technologies, and implementing as actual products[a][b].
Explanation: This provision describes the purposes of the Events (hackathon/makeathon), so as to clarify the purposes of obtaining consent under this Participation Consent Form. The purpose part will be adapted and made available in accordance with the individual hackathon/makeathon. In the case where disputes have arisen between the participants or the Organizers over the products created in the Events, it is important to return to the original purposes for holding the Events and consider how those Products should be supposed to work for such purposes. This section is in place as a clause to be referenced at such times. Thus, it is important that this section be written such that the purposes of the Event can be fully expressed.
Copyrights (including rights prescribed in Article 27 and Article 28 of the (Japanese) Copyright Act and other rights), patents, utility model rights, design rights, trademark rights, other intellectual property rights (including rights to obtain such rights or rights to apply for registration etc. of such rights; hereinafter referred to collectively as “Intellectual Property Rights”) and any other rights relating to text, sketches, drawings, 3D data, CG data, photos, audio, videos, software, hardware prototypes and any other products (hereinafter referred to as “Products”) that the participant creates at this Event belong to the relevant participant who created such Products; provided, however, that the participant who cannot be reached by reasonable methods after this Event shall be deemed to have waived Intellectual Property Rights and any other rights relating to their Products.
Explanation: This provision specifies that the rights to the Products created through the Event (hackathon/makeathon) will belong to the participants who created those Products. In addition, communication with the participants that are the Product rights holders is one way of ensuring that the Organizers and other third parties can receive licenses to use such Products after the Event, so it is important to ensure that the contact information etc. entered on “Post-Event Confirmation Form” can be used to establish communication with such participants. It would be contrary to the purpose of holding the Event if a Product became unusable because there was no way to contact the participant holding the rights to such Product. Thus, provisions have been added to ensure that persons wishing to use the Products can use those Products without the relevant participants’ authorization when those participants cannot be reached by reasonable methods.
Ideas (including concepts, know-how etc.) provided by the participant at this Event, unless the relevant participant who provided such ideas makes a claim and establishes rights as set forth in Paragraph 4 below, will be available to other participants and third parties free of charge as common property in the public domain.
Explanation: This provision specifies that ideas created through the Events are, except where patents have been obtained for them etc., to be treated as common property in principle to promote the free use thereof, in consideration of the Event’s purpose of allowing the participants to bring diverse perspectives and knowledge together to create ideas and spur innovation.
The participant shall complete a “Post-Event Confirmation” form after discussing with all of his/her team members the disclosure, use, measures to establish rights and intent of commercialization of their Products, and submit the form to the Organizers within 7 days after the Event’s completion.
Explanation: As a general rule, the handling and the creation of rights etc. for the Products are to be decided through consultation among the participants. Receiving submission of “Post-Event Confirmation Form” is important for the Organizers as well, because using these “Post-Event Confirmation Form” to make clear the handling and ownership of the Products will contribute to reducing the risk of later disputes etc. between the participants and the Organizers.
Organizers, persons who jointly host and provide support for the Event, guests and lecturers (hereinafter referred to as “Organizers etc.”) may disclose Products by publishing them on websites (including SNS), fliers, pamphlets, and other advertisements and promotional materials for the purposes of advertisement and promotion or research; provided, however, that if a participant who holds rights requests not to disclose information relating to the Products pursuant to Paragraph 4 above, the Organizers etc. shall postpone the disclosure of Products and strive to take other proper courses of action for such participants to establish rights.
Explanation: This provision specifies that although the rights to the Products belong to participants, the Organizers may freely publicize those Products to spread the results of the Events and encourage research related to the Events.
The participant is responsible for fully understanding the handling of Ideas and Products at this Event set forth in Paragraph 2 through Paragraph 5, and is asked not to provide confidential information the participant wants to keep secret at the Event; provided, however, that if the participant wishes to provide confidential information at the Event, the participant shall notify Organizers of that effect in advance and discuss how to handle such information.
Explanation: This provision specifies that because the Events places a high value on publicizing ideas, ideas that participants wish to keep secret either should not be submitted to the Events, or may be handled through special accommodation.
If an Organizer etc. provides a participant with confidential information explicitly indicating its confidentiality, the participant shall follow instructions given by the Organizer etc. for handling such confidential information.
Explanation: It is expected that at the Events, some information will be disclosed only to Event participants to encourage the creation of ideas by such participants. This provision is in place because the handling of such information may require strict confidentiality in order to ensure the continuation of the Events in the future.
In relation to creative work at this Event, the participant shall not violate laws and regulations and public order and morality or infringe Intellectual Property Rights or any other rights of third parties.
Explanation: This provision is intended to ensure that there is no unlawful creative work at the Events.
The participant shall follow rules, instructions and other regulations relating to the use of equipment, machines, devices, tools and other articles at the facility (hereinafter referred to as “Facility”) where the Event will be held and other uses of the Facility provided by its managers and Organizers.
Explanation: It is expected that equipment etc. which must be handled with care will be used at the Events, with a view to ensuring user safety etc. This provision specifies that the Organizers’ rules, instructions and other regulations must be strictly followed at such times.
If a participant suffers damage to their life, body, or property due to an accident at the Event, the participant shall bear the responsibility and shall not claim any damage from the Organizer; provided, however, that this damage did not result from the Organizer’s willful or gross negligence.
Explanation: It is an essential precondition for the Events that the participants engage in spontaneous creative work, and the Organizers will not necessarily practice strict supervision of such participants. Therefore, this provision specifies that except in the case of willful or gross negligence on the part of the Organizers, the participants shall, as a general rule, practice risk mitigation etc. under their own responsibility.
If a participant damages equipment, machines, devices, tools and other articles of the Facility by intention or negligence, the participant may be asked to bear the cost of repair, replacement and other treatment for such damage.
Explanation: It is expected that at the Events, the Organizer equipment etc. will be provided to the participants. This provision specifies that the participants will be responsible for completing any necessary repairs etc. in the case where equipment etc. is damaged due to carelessness etc. by such participants.
If a participant violates any of the provisions above, and causes damage to Organizers or third parties, the participant will bear all liability and expenses for its resolution, and shall not cause any trouble or disturbance to the Organizers or make a claim for damages etc.
Explanation: This provision specifies that the participants will be liable for damage etc. arising when such participants have breached this Participant Consent Form.
The Participant shall make the following representations and warranties to the Organizers:
- That they have not been and will not be antisocial forces (including organized crime groups, members of organized crime groups , quasi-members of organized crime groups, enterprises affiliated with organized crime groups, corporate extortionists (sōkaiya) or the like, social movement advocacy groupss (shakai-undō-tō-hyōbō-goro), and criminal organizations with special intelligence; hereinafter the same); that antisocial forces have not been and will not be their officers, persons equivalent to officers, principal shareholders, or business partners; that antisocial forces have not been and will not be involved in their management; that they have not cooperated or been involved with and will not cooperate or be involved with the maintenance and operation of antisocial forces, through fund provision or other such activity; and that they have not had and will not have any other intentional dealings with antisocial forces;
- That they, their officers, persons substantively involved in management, employees in important positions, and persons with substantive control of operations, and their parent companies, subsidiaries, etc. (“They etc.”) will not, either directly or through third parties, assault, injure, threaten, intimidate, coerce, take other violent or threatening action against, spread or contrive fraudulent rumors against, make other demands using fraudulent methods to, make unreasonably improper demands to, obstruct the business of, defame the honor or reputation of, or engage in other similar conduct against, the Organizers or the employees or affiliates of the Organizers; and
- That They etc. will not tell or otherwise convey to the Organizers or third parties that They etc. are antisocial forces or have relationships therewith.
Explanation: Standard clause related to exclusion of antisocial forces etc.
The clauses below may be used as needed
The participant shall be treated as fully understanding that as a result of their creative work at the Event, products subject to such creative work may not be covered by warranty of manufacturers, distributors and other companies receiving the product warranty.
Explanation: At Events, it is expected that from an idea creation perspective, there will be attempts to use existing goods in ways not intended by the initial manufacturers etc. These provisions are included to ensure understanding that each participant must engage in creative work in accordance with his/her own risk assessment and awareness. Please note that "products" in this provision are general nouns and are different from the defined word "Products".
Notwithstanding other provisions of this Participation Consent Form, the participants will authorize the Organizers and <••••> to use the Products freely (includes modification) and to sublicense such use to third parties, for <•••• purposes> only.
Explanation: The Organizers and their affiliates etc. may have special purposes for holding the Events, and it seems that in most such cases, these special purposes will be announced in the application guidelines etc. While also ensuring that in principle, the participants will have the rights to their Products, these provisions are included to allow for special licensing of intellectual property rights, because for the Organizers, ensuring the fulfillment of these special purposes is an essential motivation for holding the Events. For example, if an Event is held as a series comprising two separate events and it is expected that the Products of the first event will be used in the second event, it will be necessary to provide for the licensing of the Products of the first event.
The Participants will grant the Organizers or the designees of the Organizers a right of priority negotiation as follows with regard to the assignment or the licensing of use, utilization, or implementation (“Assignment etc.”) of intellectual property rights to the Products, until 60 days have passed from the day immediately following the Event closing date (“Priority Negotiation Period”).
- When an Organizer or designee thereof has made a request seeking Assignment etc. of intellectual property rights during the Priority Negotiation Period, the relevant participant shall negotiate for such Assignment etc. in good faith.
- During the Priority Negotiation Period, the participants shall not hold negotiations or execute agreements (including agreements not in writing) with third parties for the Assignment etc. of intellectual property rights without the advance consent of the Organizers.
Explanation: These provisions award the Organizers priority rights to negotiate for agreements for use etc. with priority, for a certain period after the closing of the Event, with regard to the Products of said Event. The 60-day period was chosen arbitrarily and can be changed to another period. However, please keep in mind that a lengthy period will create a burden for the participants and thus may serve to discourage participation in the hackathon.
MM/DD/YYYY
[Name]
* Personal information submitted by the participant will be treated in accordance with the Act on the Protection of Personal Information (Personal Information Protection Act), and will not be used for other purposes except the Event or provided to third parties without consent of the participant.