Black Fortitude LLC is referred to as “Black Fortitude,” “we,” “us,” or “our.” “You” means the person accessing the website or submitting information. These Terms apply in addition to any separate written agreement entered into with Black Fortitude.
1. Acceptance of Terms
By accessing or using this website, submitting an inquiry, registering interest, or providing project or business information, you agree to these Terms of Service and the Privacy Policy.
Do not use this website or submit information if you do not agree to these Terms.
2. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into binding agreements to use this website.
When submitting information for a company, project, property, organization, artist, rights holder, borrower, or another party, you represent that you have authority to provide the information and initiate the inquiry.
3. Description of Services
Black Fortitude may provide business management, strategic advisory, project leadership, operational coordination, entertainment development, executive production, borrower-readiness support, real estate underwriting, commercial coordination, and related services.
Website descriptions are general and do not obligate Black Fortitude to provide every listed service in every engagement. The actual scope of work depends on the specific mandate, available information, professional requirements, and a separate written agreement.
4. No Automatic Professional Relationship
Use of this website, submission of an inquiry, exchange of messages, attendance at a meeting, introduction to another party, or review of materials does not automatically create a:
- Client or advisory relationship
- Fiduciary relationship
- Lending or loan-brokerage relationship
- Investment-advisory relationship
- Production, representation, or management relationship
- Partnership, joint venture, or agency relationship
- Attorney-client relationship
- Accounting or tax-advisory relationship
- Confidentiality obligation unless separately established
A formal professional relationship begins only after the applicable parties execute a written agreement.
5. Accuracy and Ownership of Submissions
You represent that all information you submit is accurate, current, complete, and not intentionally misleading.
You also represent that you own, control, or have authorization to provide all submitted documents, creative materials, business information, financial information, links, images, recordings, scripts, decks, budgets, contracts, and other content.
You are responsible for determining whether information may legally and contractually be disclosed. You must remove information you are not authorized to share.
6. Entertainment and Creative Submissions
Submission of a film, television, music, media, performance, or other entertainment opportunity does not obligate Black Fortitude or any related party to review, develop, produce, finance, acquire, distribute, stream, promote, represent, manage, or respond to the submission.
You acknowledge that Black Fortitude and its professional relationships may already be reviewing, developing, or discussing projects, concepts, themes, titles, formats, stories, performances, and commercial opportunities that are similar to submitted materials.
Similarity between a submitted project and another project does not by itself establish copying, misuse, confidentiality, compensation, ownership, credit, or participation rights.
No compensation, credit, ownership interest, executive-producer credit, representation right, production obligation, or other participation arises unless established in a signed written agreement.
References to RiverRock Films, Till Dawn Entertainment, Lebo M, producers, distributors, streamers, broadcasters, platforms, or other relationships do not imply their involvement in, endorsement of, or obligation to review any submission.
7. Financing and Lending Disclosures
Black Fortitude is not a direct lender and does not guarantee loan approval, loan funding, interest rates, loan terms, valuations, collateral requirements, closing dates, or lender decisions.
Black Fortitude may review borrower readiness, business information, financial statements, tax returns, property information, ownership information, requested financing, use of proceeds, repayment capacity, and transaction details.
Where appropriate, Black Fortitude may coordinate an introduction to an independent third-party lender or financing source. The lender independently determines whether to review, approve, decline, document, modify, or fund the request.
All underwriting standards, fees, rates, collateral requirements, guarantees, loan terms, documentation, approval conditions, and funding decisions are established by the applicable lender.
You are responsible for reviewing any proposed financing with your own legal, financial, accounting, and tax advisers.
8. Private Opportunities
Nothing on this website constitutes an offer to sell or a solicitation of an offer to buy securities, investment interests, financial products, ownership interests, or participation rights.
Registering interest does not guarantee qualification, access to materials, access to a project, participation, allocation, continued communication, or acceptance by Black Fortitude or any project party.
Opportunity information may be provided only after review, qualification, confidentiality procedures, and confirmation that the information is appropriate for the recipient.
Any potential participation is subject to project-specific documents, independent due diligence, professional advice, applicable law, approvals, and final written agreements.
Black Fortitude does not guarantee returns, profits, distributions, repayment, liquidity, valuation, financing, production, distribution, acquisition, streaming placement, or commercial success.
9. Confidentiality and Non-Circumvention
General website inquiries are not automatically confidential. Confidentiality obligations apply only when established through a written confidentiality or non-disclosure agreement, or when otherwise required by applicable law.
When Black Fortitude provides non-public opportunity information, you may use that information only for the specific evaluation for which access was granted.
Unless expressly authorized, you may not:
- Forward or distribute confidential materials
- Publish or post non-public information
- Copy materials beyond what is reasonably necessary for review
- Share materials with unauthorized persons
- Contact project parties outside the approved communication process
- Use introductions to bypass or circumvent Black Fortitude
- Use information for competitive or unrelated purposes
Additional confidentiality and non-circumvention obligations may be established in project-specific agreements.
10. Fees, Compensation, and Written Agreements
Website use and initial inquiry submission do not establish pricing, fees, commissions, success fees, retainers, revenue participation, ownership interests, production credits, or other compensation.
Any fees, reimbursements, credits, compensation, revenue participation, or other economic terms must be stated in a separate written agreement.
Unless a written agreement states otherwise, you are responsible for your own professional fees, due-diligence costs, travel costs, filing fees, lender fees, legal fees, accounting fees, and transaction expenses.
11. Prohibited Conduct
You may not use the website or information obtained through Black Fortitude to:
- Provide false, fraudulent, misleading, or unauthorized information
- Impersonate another person or organization
- Violate intellectual-property, privacy, confidentiality, or contractual rights
- Upload malicious code, viruses, or harmful technology
- Attempt unauthorized access to systems, records, or accounts
- Scrape or systematically copy website content
- Commercially exploit website content without permission
- Contact project parties in violation of access procedures
- Circumvent Black Fortitude through an introduced relationship
- Use information for unlawful, deceptive, abusive, or competitive-intelligence purposes
- Interfere with website operation, availability, or security
12. Intellectual Property
The Black Fortitude name, branding, website design, text, graphics, service descriptions, file-code system, layout, and other original website content are owned by or licensed to Black Fortitude and are protected by applicable law.
You may view and print website content for personal, informational, and legitimate business-evaluation purposes.
You may not reproduce, modify, publish, distribute, sell, license, display commercially, or create derivative works from website content without written permission.
Third-party names, trademarks, projects, titles, recordings, images, and intellectual property remain the property of their respective owners.
13. Third-Party Links and Relationships
This website may reference or link to third-party websites, social platforms, lenders, service providers, production companies, distributors, streaming platforms, or other independent parties.
Black Fortitude does not control and is not responsible for third-party content, availability, security, privacy practices, services, decisions, statements, products, or conduct.
A reference, link, introduction, or professional relationship does not automatically constitute an endorsement, partnership, guarantee, or representation that the third party will accept or participate in a request.
14. Website and Information Disclaimers
The website and its content are provided on an “as is” and “as available” basis.
Black Fortitude does not warrant that the website will be uninterrupted, error-free, secure, current, complete, or suitable for a particular purpose.
Website information is general and does not constitute legal, tax, accounting, investment, lending, underwriting, production, distribution, medical, or other regulated professional advice.
You are responsible for obtaining independent professional advice before making business, financing, investment, real estate, production, contractual, or legal decisions.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Black Fortitude and its owners, officers, employees, contractors, advisers, representatives, and related parties will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from:
- Website access or use
- Website interruption or security incidents
- Submitted information or materials
- Reliance on website information
- Third-party actions or decisions
- Lost business, revenue, profits, data, or opportunities
- Financing, production, distribution, investment, or transaction outcomes
Black Fortitude is not responsible for decisions made by lenders, investors, producers, distributors, platforms, counterparties, advisers, project owners, clients, or other independent parties.
16. Indemnification
You agree to defend, indemnify, and hold harmless Black Fortitude and its owners, officers, employees, contractors, advisers, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from:
- Your violation of these Terms
- Your misuse of the website
- False, misleading, or unauthorized submissions
- Your infringement of third-party rights
- Your violation of law or contractual obligations
- Materials or information you submit
17. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Subject to any enforceable project-specific agreement, disputes concerning this website or these Terms will be brought in a court of competent jurisdiction located in Los Angeles County, California.
Nothing in this section prevents Black Fortitude from seeking temporary, emergency, or injunctive relief in another court with proper jurisdiction when necessary to protect confidential information, intellectual property, relationships, or other legitimate interests.
18. Severability and Waiver
If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to the extent permitted by law.
Black Fortitude’s failure to enforce a provision does not waive its right to enforce that provision or another provision later.
19. Changes to These Terms
Black Fortitude may modify these Terms periodically. Updated Terms will be posted on this page with a revised effective date.
Continued use of the website after changes are posted constitutes acknowledgment of the revised Terms.
20. Contact
Questions concerning these Terms may be sent to:
Black Fortitude LLC
Calabasas, California
Sherman@blackfortitude.com
Ashley.Nouri@blackfortitude.com