PDA

View Full Version : Question about a release form


bself
06-09-2013, 07:44 PM
Hello,
I received this release to sign to submit a script to a production company in London. It's got a lot going on, wasn't sure if it was legit. Does this look pretty standard to you?
Thanks!
1.I request that you read and evaluate said material.


2.I am at least eighteen (18) years of age.

3.I warrant that I am the sole owner and author of said material, that I have theexclusive right and authority to submit the same to you upon the terms andconditions stated herein; and that all of the important features of saidmaterial are summarized herein. I will indemnify you of and from any and allclaims, loss or liability that may be asserted against you or incurred by you,at any time, in connection with said material, or any use thereof.

4.I agree that nothing in this agreement nor the fact of my submission of saidmaterial to you shall be deemed to place you in any different positions thananyone else to whom I have not submitted said material.



5.The Script is submitted by me voluntarily and is not submitted in confidence,and no confidential relationship between you and me is created by thisAgreement or the submission of the Script.

6.I recognize that you have access to and/or may create or have created literarymaterials and ideas which may be similar or identical to said material intheme, idea, plot, format, or other respects. I agree that I will not beentitled to any compensation because of the use by you of such similar oridentical material which may have been independently created by you or havecome to you from any other independent source.

7.I understand and acknowledge that as a result of my execution of this Agreementand my payment of the submission fee my rights are expressly limited to thosethat are explicitly set forth in this Agreement and more specifically the onlyright of which I am guaranteed is to have you provide me with an evaluation ofthe Script. I understand and acknowledge however that this is a valuable right.

8.Notwithstanding any provision herein, I understand and acknowledge and agreethat you would have no liability to me for any actual or alleged unauthorizedor improper use, plagiarism or appropriation of the Script by any other entityor individual unrelated to you, including any entity or individual who learnedof or obtained access to the Script through your efforts. I hereby waive anyand all claims whatsoever against you and your employees in connection with anymisuse, plagiarism, or appropriation of the Script by third parties and Ihereby release you and your employees from any and all claims, demands, orliabilities that may arise in relation to any claim now or hereafter made by methat any other entity or individual unrelated to you has used, plagiarized, orappropriated the Script, regardless of whether you brought the Script to suchother unrelated entity or individual's attention.

9.I have retained at least one copy of said material, and I hereby release you ofand from any and all liability for loss of, or damage to, the copies of saidmaterial submitted to you hereunder.

10.I understand and acknowledge that you do not guarantee that the Script willever be purchased or will ever be the basis of a motion picture, and Iunderstand and acknowledge that only a small percentage of scripts become thebasis for a motion picture.

11.I understand and acknowledge that the evaluation of any literary work, such asthe Script, is inherently highly subjective and that reasonable men and womenmay have differing views as to the merits of a particular script. I alsounderstand and acknowledge that your evaluation of the Script may be negativeor not complimentary.

12.I understand and acknowledge that you are not obligated to assist me in any waywith respect to negotiating the terms with respect to the purchase or the useof the Script if a third party evidences an interest in purchasing or otherwiseusing the Script. However, I understand and acknowledge that the foregoing doesnot preclude you from offering to serve as my agent with respect to suchnegotiations pursuant to terms and conditions which would be set forth in a separateagreement that would be executed by you and me, but it is understood andacknowledged that you would have no obligation to enter into such a separateagreement.

13.Nothing in this Agreement shall be construed to constitute either party apartner, employee or agent of the other, nor shall either party have authorityto bind the other in any respect, it being intended that each party shallremain an independent contractor solely responsible for his or its own actions.Neither party shall be liable under any contracts of the other.

14.No provisions of this Agreement may be modified, waived or discharged unlesssuch waiver, modification or discharge is agreed to in writing signed by youand me. No agreements or representations, oral or otherwise, express orimplied, with respect to the subject matter hereof have been made by eitherparty which are not set forth expressly in this Agreement and this Agreementconstitutes the entire understanding and agreement between the parties withrespect to all matters herein. Either party to this Agreement may assign orlicense his or its rights hereunder, but such assignment or license shall notrelieve such party to his or its obligations hereunder.

15.I grant you the right to mention my name and the Script on your website, or inany advertisement in any periodical, as evidence of any sale, option, licenseor other exploitation of the Script that you facilitated on my behalf, withoutyour having an obligation to pay any compensation to me.

16.I enter into this agreement with the express understanding that you agree toread and evaluate said material in express reliance upon this agreement and mycovenants, representatives and warranties contained herein, and that in theabsence of such an agreement, you would not read and evaluate said material.

17.I hereby state that I have read and understand this agreement and that no oralrepresentatives of any kind have been made to me, and that this agreementstates our entire understanding with reference to the subject matter hereof.

TheKeenGuy
06-09-2013, 09:46 PM
In my limited experience as a writer (and not a lawyer!), nothing strikes me as a red flag.

Many amateur writers tend to flip out over the standard "similar or identical" section, mistaking it for a license to steal, which it's not.