To Whom
It May Concern:
1. I am hereby
submitting to Bravo Romeo Entertainment ("Producer") the
following material (hereinafter referred to as the "Material"):
TITLE:
FORM OF
MATERIAL (e.g., story, screenplay, treatment, novel, play):
PRINCIPAL
CHARACTERS:
BRIEF SUMMARY
OF THEME OF PLOT:
WGA
REGISTRATION NO. (if any):
NO. OF PAGES:
2. I request
that Producer read and evaluate the Material. Producer hereby agrees to
do so and, if I subsequently make a written request, Producer agrees to advise
me of its decision with respect to the Material.
3. I warrant
that I am the sole owner and author of the Material, and that I have the
exclusive right and authority to submit the same to Producer upon the terms and
conditions stated herein and that all of the important features of the Material
are summarized herein. I will indemnify Producer and its successors,
licensees, assigns and parent, subsidiary and affiliated companies, and the
directors, officers, employees, agents, successors, licensees and assigns of
each of the foregoing from and against any and all claims, liabilities,
damages, costs or expenses (including reasonable attorneysŐ fees) arising from
or related to the Material, or any use thereof.
4. I agree that
any part of the Material which does not in itself constitute protectible
literary property may be used by Producer without any liability to me, and that
nothing in this agreement nor the fact of my submission of the Material to
Producer shall be deemed to place Producer in any different position than
anyone else to whom I have not submitted the Material with respect to any
portion of the Material which does not constitute protectible literary
property.
5. I understand
that Producer does not purchase literary property in this manner as a general
rule, and that if Producer were to do so, it would purchase such properties
through the established channels in the industry and not through a submission
such as this. I recognize that Producer has access to or may create or
have created literary materials and ideas which may by similar or identical to
the Material in theme, idea, plot, format or other respects. I agree that
I will not be entitled to any compensation because of any use by Producer of
any such similar or identical material which may have been independently
created by Producer or may have come to Producer from any other independent
source. I understand that no confidential relationship is established by
my submitting the Material to Producer hereunder.
6. I understand
that Producer has adopted a policy with respect to the submission of
unsolicited material, of refusing to accept, consider or evaluate unsolicited
material unless the person submitting such material has signed an agreement in
a form substantially the same as this agreement. I specifically
acknowledge that Producer would refuse to accept, consider or otherwise
evaluate the Material in the absence of my acceptance of each and all of the
provisions hereof. I shall retain all rights to submit this or similar
material to persons other than Producer.
7. Producer
agrees that if it uses any legally protectible portion of the Material,
provided it has not been obtained by Producer from, or independently created
by, another source, Producer will pay me an amount comparable to the
compensation normally paid by Producer for similar material or an amount equal
to the fair market value thereof as of the date of this agreement, whichever is
greater. If we are unable to agree as to said amount, or in the event of
any dispute concerning any alleged use of the Material (e.g., whether Producer
has used legally protectible portions thereof), or any other dispute arising
out of or in connection with the Material or with reference to this agreement,
its validity, construction, performance, nonperformance, operation, breach,
continuance or termination, such dispute will be submitted to arbitration as
provided below. Each party hereby waives any and all rights and benefits which
either party might 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, according to the provisions hereof, all such
disputes.
8. Either party
may commence arbitration proceedings by giving written notice to the other
party and in such notice designating one arbitrator. Within twenty (20)
days after receiving such notice, the other party shall designate in writing
another arbitrator. 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. If the other party fails or
refuses, for whatever reason, to select a second arbitrator within the time allowed,
the first arbitrator shall serve as the sole arbitrator and shall promptly hear
and determine the controversy.
9. The
arbitrators, when appointed and after hearing the evidence, shall promptly
determine the controversy by majority vote and such determination shall be
final and binding on each of the parties. The arbitration shall be
conducted in the City of Los Angeles, State of California, and, except as
expressly provided otherwise herein, the arbitration 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 arbitratorsŐ decision shall be
controlled by the terms of this agreement. If either party fails to
appear at the hearing on the date designated or otherwise fails to participate
in the arbitration proceeding, then the arbitrators or arbitrator, as the case
may be, may proceed ex parte.
10. Either
party to this agreement may assign or license such partyŐs rights hereunder,
but such assignment or license shall not relieve such party of any obligations
hereunder. This agreement shall inure to the benefit of the parties
hereto and their heirs, successors, representatives, assigns and licensees.
11. I have
retained at least one copy of the Material, and I hereby release Producer from
any and all liability for any loss, or damage of or to the copies of the
Material submitted to Producer hereunder.
12. I enter
into this agreement with the express understanding that Producer agrees 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, Producer would not read or evaluate the Material.
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. 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. If more
than one party signs this agreement as submitter, the reference to
"I" or "me" throughout this agreement shall apply to each
such party jointly and severally.
15. 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.
Very truly
yours,
_______________________________
__________________________
Address
Signature
_______________________________
__________________________
City
and
State
Print Name
_______________________________
_________________________
Telephone
Number
Dated
ACCEPTED AND
AGREED TO:
____________________________________
_________________________
By:
Dated