This Undertaking Cum Indemnity Bond is made and executed at ________ on
this ________ day of ________ 2010 by Shri
______________________________ S/o Shri
__________________________ a permanent resident of
hereinafter called “Submitter”, the party of the First Part.
Matchbox Films Pvt. Ltd., a company incorporated under the provisions of
Companies Act, 1956 and having its registered office at B-314, Okhla
Industrial Area, Ph-I, New Delhi – 110020, through its Director Mr. Nikhil Alva
(hereinafter referred to as "Company” the party of the Second Part
The terms „Submitter‟ and the „Company‟ unless repugnant to the context
shall mean and include their heirs, legal representatives, successors,
executors and administrators.
A. The Company, is engaged, inter alia, in the business of producing
feature films, movies, pictures, short films, advertising films,
documentary films etc. and the Company is possessed of necessary
expertise to do the same in audio-visual and other electronic/digital
B. The Submitter has represented that he / she has created and/or is in
possession of the Material for a screenplay / treatment currently titled:
______________________________ and wants to submit to the
C. The Submitter has represented that the Material was created and is
owned free and clear of all other interests only by him/her and he has
full right to submit the Material to the company to comply with this
Bond. The submitter will fully reimburse the company if the company
incur any losses, damages, or expenses (including lawyers' fees)
because any or all of the statements made by the submitter in this
Bond are not true.
NOW THIS INDENTURE WITNESSETH AS UNDER:
The Submitter understands and acknowledges that any idea, story line, script,
artwork or other material (collectively the “Material”) submitted to the
Company or any of its imprints, divisions, parents, subsidiaries, affiliates or
related companies, now or hereafter, shall be submitted to, received,
considered and/or accepted by the Company only on the following conditions:
1. The Submitter understands and acknowledges that the Company is in
the Movie/Film Production business, and itself is continuously
developing and creating its own ideas and materials.
2. The Submitter understand that the Company generally do not consider,
or review unsolicited material unless the person submitting the material
has signed the present Bond
3. The Submitter understands and acknowledges that the Company may
currently have or previously have had access to and/or may
independently create or have created ideas, themes, plots, formats
and/or materials which may be similar or identical to the ideas, themes,
plot, formats or other elements of the Material now being submitted by
him. The Submitter further agree that he will not be entitled to any
compensation by reason of the use by the Company of any such
material and that Company shall have no obligation to him with
respect to the Material except as may be set forth in a subsequent
written Bond, fully executed by him and Company.
4. The Submitter understands and acknowledges that the Company shall
have no obligation to return any Material submitted by him or for any
Material or any portion thereof, which is lost, misplaced, stolen or
destroyed while in its possession. The Submitter should keep a
duplicate for his own records.
5. The Submitter understands and acknowledges that the Company shall
have no obligation with respect to the Material submitted by him other
than to make a reasonable effort to advise him as to Company‟s
interest or lack of interest in acquiring rights to such Material. Company
shall have no obligation to give reasons for rejecting any Material
submitted by him.
6. The Submitter understands and acknowledges that No submission of
Material will be accepted from him on the basis of a confidential
relationship nor shall any such submission by him to the Company be
deemed a confidential communication.
7. The Submitter understands and acknowledges that all submissions of
Material must be made in writing, which may be in physical copy and/or
also an electronic copy such as through email. Company shall not
review or consider any oral submissions.
8. The Submitter understands and acknowledges that the Company may
review the Material within a reasonable period of time after receiving a
copy of this Bond. If the Company decide that it wish to use the
Material or any elements or aspects of the Material for any purpose,
then the Company and submitter may negotiate in good faith to reach a
written Bond covering use of the Material and any compensation or
9. The Submitter understands and acknowledges that the Company have
no obligations to the submitter (including any obligation to compensate
or make payments to the submitter, unless the Company expressly
agree to so, except for those expressly stated in this Bond.
10. The Submitter understands and acknowledges that in the event of any
dispute, controversy or claim arising out of or relating to or in
connection with this Agreement, or the breach, termination or validity
hereof, the same shall be referred to the Sole Arbitrator to be
appointed by the Company. The arbitration will be governed by the
provisions of the Arbitration and Conciliation Act, 1996 and any other
modifications thereto. The place of the arbitration shall be _______,
India. The language of the arbitration and award shall be English. The
appropriate courts in ______ only will have exclusive jurisdiction in
relation to this Agreement.
11. The Submitter understands and acknowledges that he shall, at his own
expense, indemnify the Company from and against any claim, suit, or
action brought against the Company by third parties for infringement or
misappropriation of a third party's copyright, national or international
patent, or trade secret right by any Material provided by him to the
Company and shall pay any damages or settlement assessed against
the Company under such a claim.
12. The Submitter understands and acknowledges that any part of the
Material which is not novel or original and not legally protected may be
used by the Company without any liability on its part to the submitter
and that nothing herein shall place the Company in any different
position with respect to such non-novel or non-original Material by
reason of such use than a member of the general public.
13. The Submitter understands and acknowledges that any Material
delivered to the Company is or will be under and subject to the
conditions set forth above. The Submitter represent and affirm that he
has read each and every word of the foregoing.
In witness whereof the Submitter has executed this indemnity on this the _____
day of _______ 2010 in the presence of following witnesses: -