Submission Agreement
DATE:
PROPOSED TITLE (IF ANY) OF MATERIAL SUBMITTED
Name of the Company Inc.
Address:
Los Angeles, California 90034
Dear Sirs:
I am today submitting for possible use by you my material identified in Exhibit A attached hereto (herein called the "Material") in accordance with the understanding, and subject to the conditions set forth herein. I acknowledge that the Material was created and written by me without any suggestion or request from you that I writer or create the Material. I have attached a copy and/or a synopsis of the Material hereto (and/or synopsized it in Exhibit A). I am executing and submitting this letter in consideration of your agreement to review the Material and I recognize that your requiring similar letters from others submitting material to you will tend to protect me, in the event you use the Material, from the claims, if any, of others that it contains features and elements similar to any other material submitted to you.
1. Except as otherwise specifically stated on the reverse hereof, I represent:
(a) that the Material is original with me;
(b) that I have the exclusive right to grant all rights in the Material; and
(c) I have exclusive rights in the title, if any as regards to its use in connection with the Material.
2. I will indemnify you of an from any and all claims, loss or liability (including reasonable attorneys' fees) that may be asserted against you or incurred by you a1 any time in connection with the Material, or any use thereof.
3. You agree that you will not use the Material unless you shall first negotiate with me compensation for such use, but I understand and agree that your use of material containing features and elements similar to or identical with those contained in the Material shall not obligate you to negotiate with me or entitle me to compensation if you determine that you have an independent legal right to use such other material which is not derived from me (either because such features and elements were not new or novel, or were not originated by me, or because other persons(including your employees) have submitted or may hereafter submit material containing similar or identical features and elements which you have the right to use).
4. If you determine that you have the independent legal right to use material containing features and elements similar or identical to those contained in the Material without the payment of compensation to me, or in the event of any dispute concerning any alleged use of the Material, or any reference to this Agreement, its validity, construction, performance, operation and breach, and you proceed to use the same, and if I disagree with your determination, I agree that if you so elect, the dispute between us shall be submitted to arbitration. The arbitrator shall be a person experienced in the field in which the alleged use was made by you and be mutually selected by you and me, or if we cannot agree, the arbitrator shall be selected by the rules of the American Arbitration Association. The arbitration shall be controlled by the terms of this letter and any award favorable to me shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation normally paid by you for similar material. Of course, if you do not elect to submit any such dispute to arbitration, I understand that I shall be entitled to commence legal action against you.
5. Either party to this Agreement may assign or license its or his rights hereunder, but such assignment or license shall not relieve such party of his or its obligations hereunder. It is agreed that this Agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and that any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this Agreement.
6. I enter into this Agreement with the express understanding that if you choose to read and evaluate the material (and I acknowledge that you are under no obligation to read or evaluate same, even though you shall have accepted the Material and I shall have executed this Agreement) you agree to read and evaluate the Material in express reliance upon this Agreement and my covenants, representations, and warranties contained herein, and that in the absence of such an agreement, you would not read or evaluate the Material.
7. I hereby state that I have read and understand this Agreement and that no oral representations or any kind have been made to me, and that this Agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both of us.
8. I have retained a copy of the Material, and you shall not be responsible for its preservation or return.
Very truly yours,
Address
City and State
Telephone Number
Print Name
Signature
(If under twenty-one (21) years of age, a signature of parent or guardian must be included below).
I represent that I am a parent (guardian) of the minor who has signed the above release and I agree that I and the said minor will be bound thereby.
Parent (Guardian)
EXHIBIT A
FORM OF MATERIAL:
(mark what is appropriate)
- Synopsis
- Script
- Format
- Brochure
- Transcript
- Film
- Other:
PRINCIPAL CHARACTERS:
BRIEF SUMMARY OF THEME OR PLOT:
WGA REGISTRATION NO:
NO. OF PAGES:
Initials