WRITER SUBMISSION RELEASE AGREEMENT
To Whom it may concern:
I, _______________________________, am submitting to SellAScript.com, (hereinafter referred to as 'you' or 'your'), the following material (hereafter referred to as 'Material'):
FORM OF MATERIAL: ________________________________
(i.e. screenplay, treatment, manuscript etc)
NUMBER OF PAGES: ________________________________
PROTECT IT! REGISTRATION NO (if any): ________________________________
COPYRIGHT REGISTRATION NO (if any): ______________________________
- I understand that upon your acceptance, the Material will be made available on your website to your registered subscribers ("Subscribers") who are producers, production companies, agents, managers and other industry professionals; it is understood and agreed that these Subscribers are third party beneficiaries of this Agreement.
- I represent and warrant that I am the author of the Material, and if I am not the author, I have all necessary legal and equitable rights to the Material. I attests that I am at least eighteen (18) years of age, have submitted the Material voluntarily and not in confidence. I understands and agree that no confidential relationship between myself and the author of the Material if not myself, and you and/or your Subscribers exists or is being created by this Agreement or by my submission of the Material.
- I have retained at least one copy of the Material, as you will not be held responsible for any loss or destruction of the materials submitted to you. I understand that it is my sole responsibility to protect the Material including filing or registration with the Writers Guild of America, or other such similar script registration and protection service. I understands that you strongly urge me to register my work before placing it on your website.
- I understand that you may, at your sole discretion, change the format and layout of the Material on your website, and may discontinue the availability of the Material on your website at any time for any reason.
- I understand that you may, at your sole discretion, alter or modify the format or layout of your website at any time and reserve the right to discontinue your website and your services at any time, without any given notice to your Subscribers and myself.
- I represents and warrant to you and your Subscribers that the Material to be submitted hereunder is original and that the Material will not contain defamatory or unlawful matter and will in no way infringe upon the copyright or violate the proprietary rights of any person whomsoever. I agrees to indemnify and hold you and your Subscribers harmless from any and all losses or liabilities (including reasonable attorney's fees) that may be asserted against you and/or your Subscribers at any time in connection with the Material, or any use thereof, in connection with any breach or alleged breach of the foregoing representations and warranties and I further agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim.
- I understand that no obligation of any kind is assumed or may be implied against you and/or your Subscribers, either as a result of this Agreement, or my submission of the Material. It is understood that you and your Subscribers have access to and/or may create or have created literary materials and ideas which may be similar to the Material in theme, idea, plot, format or other respects. I will not be entitled to any compensation or consideration because of the use of any such similar material, which may have been independently created by a Subscriber or may have come to you or any Subscriber from any independent source.
- I understand that you do not purchase written material, and you exist for the sole purpose of facilitating introduction and interaction between writers and parties interested in developing and/or purchasing written material.
- I understand that by posting Material in the Script Marketplace, it will be easily viewable by any industry professional who has registered with you to use the Service, but that you do not submit my Material to interested Service subscribers. The decision whether or not to submit Material to and/or enter into an agreement with an interested subscriber, if any, shall be my sole decision. I understand that you will have no responsibility for such agreements. It is my sole responsibility to check and verify the credentials, veracity and reliability of anyone I deal with. You will not and cannot be responsible in any way for my dealings with third parties I come into contact with via your website and/or network.
- I understand that by posting Material in the Hollywood Bugle, it will be easily viewable by any industry professional within your circulation, by e-mail, but that you does not submit the my Material to interested Service subscribers. The decision whether or not to submit Material to and/or enter into an agreement with, an interested subscriber, if any, shall be my sole decision. I understand that you will have no responsibility for such agreements. It is my sole responsibility to check and verify the credentials, veracity and reliability of anyone I deal with. You will not and cannot be responsible in any way for my dealings with third parties I come into contact with via your website and/or network.
- I understand that you and your assignees may assign your rights under this Agreement, in whole or in part, in any manner and to any person, corporation or entity that you may determine.
- Except as otherwise provided in this Agreement, I hereby release you from any and all claims, demands and liabilities that may arise in relation to the Material, or by reason of any claim now or hereafter made by me that you or any Subscriber has used or appropriated the Material. IN NO EVENT SHALL YOU OR YOUR SUBSCRIBERS BE RESPONSIBLE OR LIABLE TO ME FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES OF MINE, EVEN IF YOU OR YOUR SUBSCRIBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The extent of your liability, if any, should otherwise be determined, shall be the amount of any sums paid to you by me.
- I understand that all the terms and conditions of your Rules & Regulations Web Page are hereby incorporated into this Submission Release Agreement as if recited herein in full.
- I understand that you reserve the right to remove any Material from your website, with or without cause, with or without notice. If without cause, my fees shall be prorated accordingly.
- Entire Agreement: This Agreement contains the entire agreement of the parties hereto and supersedes any prior written or oral agreement between them respecting the subject matter contained herein. There are no other representations, agreements, arrangements, or other understandings, oral or written, between the parties hereto respecting the subject matter contained herein which are not fully expressed herein. This Agreement may be amended or modified only by written agreement signed by duly authorized representatives of all of the parties hereto.
- Waiver. Waiver of any default or breach of this Agreement or any warranty, representation, covenant, or obligation contained herein shall not be construed as a waiver of any subsequent breach.
- Titles and Headings. Titles and headings to paragraphs in this Agreement are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions of it.
- Severability. If any provision of this Agreement, or the application of it to any party or circumstance, is held to be invalid, the remainder of this Agreement, and the application of such provision to other parties or circumstances, shall not be affected thereby, the provisions of this Agreement being severable in any such instance.
- Heirs. Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of all parties, their heirs, executors, administrators, assigns, successors in interest or other legal representatives.
- Notices. All notices and payments under this Agreement are to be in writing and delivered to SellAScript.com at its postal address, see below and to the Applicants postal address as submitted, or such other address as either party may subsequently specify in writing to the other parties.
- Arbitration. Any controversy, dispute or claim arising out of the interpretation, performance or breach of this Agreement shall be resolved by binding arbitration, at the request of either party, in accordance with the Guidelines of the American Arbitration Association, in the City of Los Angeles, California. The arbitrators shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrators shall have the power to grant all legal and equitable remedies and award compensatory damages provided by California law, including the power to award punitive damages. The arbitrators shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure Sections 1286.2 or 1286.6 for any such error.
- Attorneys' Fees. If an action is brought for the purpose of enforcing, defending, or preventing a breach of this Agreement, the successful or prevailing party in any such proceeding shall be entitled, in addition to such other relief as may be granted, to recover reasonable attorneys' fees and costs of suit incurred in such proceeding.
- State Law. This Agreement shall be construed and enforceable according to the laws of the State of California for all purposes. Any action concerning this Agreement shall be brought in Los Angeles, California and the parties consent to service of process in California.
- I hereby state that I have read and understood this Agreement and that no oral representations of any kind have been made to me, and that this Agreement states our entire understanding.
PLEASE PRINT AND SIGN ONE COPY OF THIS FORM (FOR EACH WRITER), THEN RETURN
TO THE PRICING PAGE TO FINISH GETTING STARTED.
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