Script Submission Agreement and Release
Script Submission Agreement and Release
Script Submission Agreement and Release
8. I agree to give you written notice by registered mail of any claim arising in connection with said material or arising in connection with this agreement, within 60 calendar days after I acquire knowledge of such claim, or of our breach or failure to perform the provisions of this agreement, or if it be sooner, within 60 calendar days after I acquire knowledge of facts sufficient to put me on notice of any such claim, or breach or failure to perform; my failure to so give you written notice will be deemed an irrevocable waiver of any rights I might otherwise have with respect to such claim, breach or failure to perform. You shall have 60 calendar days receipt of said notice to attempt to cure any alleged breach or failure to perform prior to the time that I may file a Demand for Arbitration. 9. In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of California to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association. The arbitration shall be conducted in the County of Los Angeles, State of California, and shall be governed by and subject to the laws of the State of California and the then prevailing rules of the American Arbitration Association. The arbitrators award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. 10. I have retained at least one copy of said material, and I release you from any and all liability for loss or other damage to the copies of said material submitted to you hereunder. 11. Either party to this agreement may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of its or their obligations hereunder. This agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licenses, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement. 12. I hereby acknowledge and agree that there are no prior or contemporaneous oral agreements in effect between you and me pertaining to said material, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by me of any ideas, formats, plots, characters, or the like). I further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both you and me, and then our and my rights and obligations shall be only as are expressed in said formal written agreement. 13. I understand that whenever the word you or your is used above, it refers to (1) you, (2) any company affiliated with you by way of common stock ownership or otherwise, (3) your subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom you are leasing production facilities, (6) clients of any subsidiary or affiliated company of yours, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of you, and of all such person, corporations referred to in (1) through (6) hereof. If said material is submitted by more than one
person, the word I shall be deemed changed to we, and this agreement will be binding jointly and severally upon all the persons so submitting said material. 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. 15. This agreement shall be governed by the laws of the state of California applicable to agreements executed and to be fully performed therein. 16. I have read and understand this agreement and no oral representations of any kind have been made to me and 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. Sincerely, _____________________________ (Writers Signature) (Date) _____________________________ (Writers Printed Name) _____________________________ (Writers Street Address) _____________________________ (Writers City State and Zip) _____________________________ (Writers Phone Number)