I am submitting to Easrtianemnt, and it’s affiliated divisions and parent company, material, ideas or creative work which I have created.
(hereinafter referred to as “said Material”):
2. I understand that you have adopted the policy of refusing to accept, consider or evaluate
any unsolicited material unless person submitting such material has signed an agreement in form substantially the same as this. I specifically acknowledge that you would refuse to accept, consider, or otherwise evaluate my material in the absence of my acceptance of each and all of the provisions of this agreement. It is understood that no confidential relationship is established by my submitting the material to you hereunder. I shall retain all rights to submit this or similar material to persons or organizations other than your company.
3. I request that you examine said material with a view to deciding whether you are interested
in further developing and potentially producing it and you agree to do so.
4. I warrant that I am the sole owner and author of said material, that I have the exclusive
right and authority to submit the same to you upon the terms and conditions stated herein. I agree to indemnify you and your employees against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing. If said material is based on a real person or a previously published or produced work, I warrant that I have authorized rights to market the property. I also understand that it is my responsibility to protect my work through the WGA registry service or by copyrighting it.
5. I agree that nothing contained in this agreement nor the fact of my submission of said
material to you shall be deemed to place you or any person or entity to whom you show said
material in any different position than anyone else to whom I have not submitted said material with respect to any portion of said material which does not constitute protectable literary property.
6. I recognize that you have access to and/or may create or have created literary materials and
ideas which may be similar or identical to said material in theme, idea, plot, format, or other
respects. I agree that I will not be entitled to any compensation because of the use of any such
similar or identical material which may have been independently created by you or may have come to you from any other independent source.
7. Such similarity in the past has given rise to litigation so that unless you can obtain adequate
protection in advance, you will refuse to consider the submitted material. The protection for you
must be sufficiently broad to protect you, your related corporations, and your and their employees, agents, licensees and assigns and all parties to whom you submit material. Therefore, all references to you include each and all of the foregoing.
8. I agree that no obligation of any kind is assumed or may be implied against you by reason of
your review of the said material or any discussions or negotiations we may have, except pursuant to an expressed written agreement hereafter executed by you and me which, by its terms, will be the only contract between us.
9. Any controversy arising out of or relating to this agreement, its validity, construction,
performance, operation, breach, continuance or termination, including the interpretation and scope of this arbitration provision, any claims involving statements, agreements or representation made during the negotiation of this agreement, whether in contract or in tort, shall be settled by final and
binding arbitration. Each party hereby waives any and all rights and benefits which he or it might
otherwise have to be entitled to under the laws of California to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions hereof, all such disputes.
Either party (either you or I) may commence arbitration proceedings by giving the other party
written notice thereof and in such notice designating one arbitrator. Within twenty (20) days after
receipt of such notice, the other party shall designate in writing another arbitrator. If the other
party shall fail or refuse, for whatever reason, to select a second arbitrator within twenty (20) days, as aforesaid, then the first arbitrator appointed shall serve as the sole arbitrator and shall promptly determine the controversy. The two arbitrators shall promptly select a third arbitrator, and if they cannot agree on a third arbitrator within ten (10) days after the appointment of the second
arbitrator, either party may secure appointment of the third arbitrator by application to the
American Arbitration Association. Each of the arbitrators shall be a person experienced and
knowledgeable in the entertainment industry. The arbitrators, when appointed, shall promptly
determine the controversy by majority vote and such determination shall be final and each of the
parties shall be bound thereby. The arbitration shall be conducted in the County of Ada,
State of Idaho, and except as herein expressly provided otherwise, the arbitration shall be
governed by and subject to the laws of the State of Idaho and then prevailing rules of the
American Arbitration Association. Subject to the control of the arbitrators, each party agrees to
furnish to the other upon request all books, records and documents in his or its possession
reasonably necessary to a proper determination of the controversy. The arbitrators shall have
jurisdiction to allocate their own fees and expenses as between the parties. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, then the arbitrators or arbitrator, as the cause may be, are empowered to proceed ex parte. Judgment on the arbitration award may be entered in any state or federal court of competent jurisdiction. The prevailing party shall be entitled to receive, as an element of damages, all costs or expenses paid or incurred in connection therewith, including reasonable attorneys' fees.
By submitting mu material, I expressly acknowledge that I am giving up my rights to have any dispute covered by this provision litigated in a court or jury trial.
10. Except as otherwise provided in this agreement, I hereby release you of and from any and
all claims, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the said material or by reason of any claim now or hereafter made by me that you have used or appropriated the said material, except for fraud or willful injury on your part.
11. Either party to this agreement may assign or license to any person, firm or corporation
whomsoever, its or his rights hereunder, but such assignment or license shall not relieve such part of his or its obligations hereunder. This agreement shall inure to the benefit of the parties hereto and their respective heirs, successors, representatives, assigns, licensees and clients shall be deemed to third party beneficiaries under this agreement.
12. I have retained at least one copy of said material, and hereby release you of and from any
and all liability for loss of or damage to, the copies of said material submitted to you hereunder.
13. I hereby state that I have read and understand this agreement and that no oral
representations of 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.
14. Should any provision or part of any provision be void or unenforceable, such provision or
part thereof shall be deemed omitted and this agreement with such provision or part thereof
omitted shall remain in full force and effect. This agreement shall at all times be construed as to
carry out the purposes hereof.
15. I acknowledge that you have advised me to seek independent legal advice with regard to the advisability of entering into this agreement and as to its terms and conditions.