(Effective as of September 4, 2018)
I acknowledge that I am pitching or submitting to REPRESENT for consideration by industry representatives taking part (hereinafter referred to as “they” or “them”) herewith the following material (i.e. pitches, scripts, film, synopses) – hereinafter referred to as “said Material.”
I request that they hear and evaluate said material, and they hereby agree to do so.
I warrant that I am the sole owner and author of said material, that I have registered any appropriate material with the Writers Guild and/or Library of Congress, that I have the exclusive right and authority to submit or pitch the same to them upon the terms and conditions stated herein. I will indemnify them and their clients of and from any and all claims, loss or liability (including reasonable attorneys’ fees) that may be asserted against them or any of their clients, or incurred by them or any of their clients, at any time in connection with said material or any use thereof.
I agree that any part of said material which does not in itself constitute protectable literary property may be used by them or any of their clients without any liability to me, and that nothing in this agreement nor the fact of my pitching/submitting of said material to them shall be deemed to place them in any different position than anyone else to whom I have not submitted or pitched said material with respect to any portion of said material which does not constitute protectable literary property.
I understand that neither REPRESENT, nor any of the industry representatives taking part, purchases literary properties as a general rule, and that if they were to do so, they would purchase said material through the established channels in the industry and not through a website such as this. I recognize that they and their clients have access to and/or may create or have created literary materials and ideas that may be similar or identical to said material in theme, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use by them or any of their clients of any similar or identical material, which may have been independently created by them or any such client or may have come to them from any other independent source. I understand that no confidential relationship is established by my submitting or pitching the material to them.
I understand that they have adopted the policy, with respect to the unsolicited submission of ideas, pitches, or 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 they would refuse to accept, consider, or otherwise evaluate my material in the absence of my acceptance of each and all of the provisions hereof. I shall retain all right to submit this or similar story ideas to persons other than them.
They agree that if they use any legally protectable portion of said material, provided it has not been obtained by them from, or independently created by, another source, they will pay me an amount which is comparable to the compensation normally paid by them 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 said material (e.g., whether they have used legally protectable portions thereof), or any other dispute arising out of or in connection with said material or with reference to this agreement, its validity, construction, performance, nonperformance, operation, breach, continuance, or termination, such dispute shall be submitted to arbitration.
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 their or its obligations hereunder. It is agreed that this agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and that any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement.
I have retained at least one copy of said material, and I hereby release them of and from any and all liability for loss of, or damage to, the copies of said material submitted or pitched to them hereunder.
I enter into this agreement with the express understanding that they agree to read and evaluate said material in express reliance upon this agreement and my covenants, representations and warranties contained herein, and that in absence of such an agreement, they would not read or evaluate said material.
I hereby state that I have read and understand the terms of 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 part of the provisions of this agreement must be in writing and signed by all parties.
If more than one party is a co-submitter (or pitcher), then reference to “I” or “me” throughout this agreement shall apply to each party, jointly and severally.
Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted in this agreement with such provision or part thereof omitted shall remain in full force and effect. This agreement at all times shall be construed so as to carry out the purposes hereof.