VIEWS: 687 PAGES: 6 CATEGORY: Other Personal Legal Documents and Forms POSTED ON: 2/9/2010
This is an agreement between a production company and a party submitting an idea. If the production company uses the idea, the submitting party will be entitled to compensation. The submitting party agrees to release the production company against all claims by executing this agreement. In addition, the submitting party certifies that they are the original author of the idea and agree to indemnify the production company against any claims or losses. This agreement can be used by small businesses or other entities that are production companies and want to review a submitted idea without exposing themselves to any liability.
This is an agreement between a production company and a party submitting an idea. If the production company uses the idea, the submitting party will be entitled to compensation. The submitting party agrees to release the production company against all claims by executing this agreement. In addition, the submitting party certifies that they are the original author of the idea and agree to indemnify the production company against any claims or losses. This agreement can be used by small businesses or other entities that are production companies and want to review a submitted idea without exposing themselves to any liability. Name: ____________ [Instruction: Insert Submitter Name] Address: _____________[Instruction: Insert Address 1] City, State, Zip Code:__________ [Instruction: Insert Address 2] Phone Number:__________ [Instruction: Insert Phone Number] Email Address: :__________ [Instruction: Insert Email Address] Date: _________________ [Instruction: Insert Date] RE: SUBMISSION RELEASE FORM To Whom It May Concern: I, _________________ [Instruction: Insert Submitter Name], am submitting the following materials: _____________________________________________________________________ ______________________________________________________________________________ [Instruction: Insert Description of Materials Submitted] ("Materials") to _____________________________ [Instruction: Insert Production Company Name] (hereinafter referred to as “Company”). The material is submitted on the following conditions: 1. I hereby grant Company the right to read and evaluate the Material. I understand such evaluation is a subjective process, allowing for reasonable disagreement as to the relative merits of the material. I also understand that the evaluation may or may not be complimentary or positive in its judgment. That said, I request that Company read and evaluate the Material to decide whether Company will undertake to acquire it. I understand that Company shall have no obligation to evaluate the Material or to inform me of Company’s evaluation, if any. 2. I acknowledge that because of Company’s position in the entertainment industry Company may receive numerous submissions of ideas, formats, stories, suggestions and the like. I understand that many such submissions received by Company are similar to or identical to those developed by Company or otherwise available to the Company. 3. I agree that I will not be entitled to any compensation because of the use by Company of any such similar or identical material. I hereby release the Company for any and all claims, liabilities and demands that may be made by me asserting that the Company has used or appropriated the material. 4. I understand that in absence of my full acceptance of each and all the provisions of this agreement, Company would refuse to accept and evaluate the material. 5. I shall retain all rights to submit this or similar material to persons other than Company. I acknowledge that no fiduciary or confidential relationship exists between Company and me, by reason of this agreement or by reason of my submission to Company of the Material. 6. I represent and warrant that: (A) I am the author of the material; (B) I am the present and sole owner of all rights, titles and interests in and to the material; (C) I have the exclusive, unconditional right and authority to submit and/or convey the material to Company upon the terms and conditions set forth in this Agreement; (D) that no third party is entitled to any payment or other consideration as a condition of the exploitation of the Material; and (E) the material does not and will not infringe upon or violate any copyright of, or infringe upon or violate the right of privacy or any other right of any person. 7. I agree to indemnify and hold Company harmless from and against any and all claims, costs, losses, or liabilities (including, reasonable attorneys' fees and punitive damages), expenses suffered or incurred by Company in connection with any breach or alleged breach of the warranties and of the representations, warranties and agreements made by me herein, excluding any claims based on fraud or wilful injury on Company’s part. 8. I acknowledge that the Company recommends that I copyright the Property with the United States Copyright Office and/or register the Property with the Writer’s Guild of America. I also acknowledge that it is my responsibility to copyright or register the Property prior to submitting it to the Company and hereby release the Company and its affiliates from any claims that arise from my failure to do so. 9. Company may use, without any obligation or payment to me, any of the Material which is not protectable under the laws of copyright including but not limited to ideas, historical or factual matters or other public domain elements of property or which a third person would be free to use if the material had not been submitted to him or had not been the subject of any agreement with him, or which is in the public domain. Any of the Material which, in accordance with the preceding sentence, Company is entitled to use without obligation to me is hereinafter referred to as "Unprotected Material." If all or any part of said Material does not fall in the category of Unprotected Material it is hereinafter referred to as "Protected Material" 10. Company agrees that if Company uses or cause to be used any of the Protected Material, provided said Protected Material has not been obtained or independently created by another source, Company agrees to negotiate with me in good faith regarding the payment of a fee (the “Protected Material Fee”) with respect to the use of the Protected Material. The Protected Material Fee shall be based upon the reasonable value of a non-exclusive license covering the amount of the Protected Material actually used by Company. The Protected Material Fee will, in no event, exceed the amount for which Company could have acquired a non-exclusive license of similar material from a person of similar stature in the entertainment industry as I am, as of the date of this agreement. 11. I agree to give Company written notice of any claim arising in connection with the material or arising in connection with this agreement, within six (6) months after I acquire knowledge of such claim, or of Company’s breach or failure to perform the provisions of this agreement, my failure to so give Company written notice will be deemed an irrevocable waiver of any rights I might otherwise have with respect to such claim, breach or failure to perform. Company shall have thirty (30) days after receipt of said notice of attempt to cure any alleged breach or failure. 12. In the event of any dispute concerning the Material and or in connection with this agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of ______________ [Instruction: Insert State] to litigate any such dispute in court, it being the intention of the parties to arbitrate all disputes in accordance with the provisions of this agreement. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association. The arbitration shall be conducted in the County of _____________ [Instruction: Insert County], State of _____________ [Instruction: Insert State], and shall be governed by and subject to the laws of the State of _____________ [Instruction: Insert State] and the then prevailing rules of the American Arbitration Association. The arbitrators' award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. 13. I acknowledge that I have retained at least one copy of the Material, and I release Company from any and all liability for loss or other damage to the copies of the Material submitted to Company hereunder. 14. Either party to this agreement may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of its or their obligations hereunder. This agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement. 15. I acknowledge and agree that there are no prior or contemporaneous oral agreements in effect between Company and me pertaining to the material. I further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both parties, and then both parties’ rights and obligations shall be only such as are expressed in said formal written agreement. 16. I understand that whenever the word "Company" is used, it refers to (A) Company, (B) any affiliates by way of common stock ownership or otherwise, (C) Company’s subsidiaries, (D) subsidiaries of such affiliated companies, and (E) the officers, agents, servants, employees, stockholders, clients, successors and assigns of Company, and of all such person, corporations referred to in (A) through (D) hereof. If the Material is submitted by more than one person, the word "I" shall be deemed changed to "we," and this agreement will be binding jointly and severally upon all the persons so submitting said material. 17. If any provision or part hereof shall be void or unenforceable, such provision or part thereof shall be deemed omitted and modified, and this agreement shall remain in full force and effect. 18. This agreement shall be governed by the laws of the state of __________ [Instruction: Insert State] applicable to agreements executed and to be fully performed therein. 19. I have read and understand this agreement and no oral representations of any kind have been made to me and this agreement states our entire understanding with reference to the subject © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us. ACKNOWLEDGED AND AGREED BY, ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Submitter] ACCEPTED AND AGREED TO: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2
Pages to are hidden for
"Submission Release"Please download to view full document