MILKBOSS Submission Form

SUBMISSION RELEASE
RETURN TO:
MILKBOSS INDUSTRIES
[email protected]
Date: ____________________
To MILKBOSS INDUSTRIES:
I wish to submit for your consideration a project, all of the important features of which (including
the title) are summarized in Exhibit “A” attached hereto and incorporated herein by reference
(such summary, title and all materials in connection therewith which may be submitted by me
with respect thereto, including without limitation all ideas and their expression therein,
hereinafter collectively referred to as the “Material”).
I acknowledge that your company develops and receives many ideas, scripts and projects and
that there is a possibility that some of these are similar or identical to the Material. I appreciate
your concern that an examination of the Material without a full release of liability might expose
you to a claim of plagiarism, or of a claimed existence of an implied in fact contract or other
claim or litigation in connection with the Material.
Therefore, as an inducement to you to examine, and in consideration of your examination of
the Material, I hereby acknowledge the following express understandings and conditions:
1.
My submission of the Material to you is voluntary, not solicited by you, and not in
confidence. There are no materials being submitted other than those described in
Exhibit “A.” I have not previously submitted or disclosed the Material to you, and you
have not made any prior inducements, promises or representations to me regarding
the Material. I have retained a copy of the Material, and I agree that you shall not be
responsible for the return or preservation of the copy I have submitted to you.
2.
I acknowledge that your use of other material containing elements similar to or
identical with those contained in the Material shall not obligate you to negotiate with
me or entitle me to any compensation if you have an independent right to use such
other materials.
3.
I will not assert against you any claim based on plagiarism, infringement, confidential
relationship, implied contract, unfair competition or otherwise arising out of any alleged
use by you of the Material.
4.
There is no agreement between us, express or implied, relating to your use or failure
to use the Material. I agree that any discussion we may have with respect to the
Material shall not constitute any agreement, express or implied, as to the purchase or
use of the Material, or any portion thereof which I am hereby disclosing to you either
orally or in writing. Should you decide to acquire the Material, I agree to negotiate with
you in good faith with respect thereto. I agree that you shall have no obligation to me
in any respect whatsoever with regard to the Material until or unless we have executed
MILKBOSS INDUSTRIES • 310.359.8958 main • milkbossindustries.com
MILKBOSS INDUSTRIES
SUBMISSION RELEASE
a written agreement which, by its terms and provisions, will be the only contract
between us.
5.
If, notwithstanding my release set forth above in Paragraph 4, I should hereafter claim
that you have used the Material, or any portion thereof, without my consent or
authorization, I specifically agree that a dispute between us shall be submitted to a
final and binding arbitration. In such event, the arbitrator shall be an individual
experienced in the entertainment industry in Los Angeles, California and shall be
mutually selected by you and me or, if we cannot so agree, then the arbitrator shall be
selected by the rules of the American Arbitration Association. In either event, the
arbitrator shall be controlled by the terms of this agreement. Any award favorable to
me shall be limited to the fixing of compensation which shall bear a reasonable
relation to compensation customarily paid by you for similar material, taking into
account my experience as an artist, my stature in the made for Internet and/or new
media entertainment field at the time said material was submitted, the nature of the
material, and any amounts received by me for other material written before the
submission of the Material to you, but which under no circumstances shall exceed the
minimum scale payment provided for like services pursuant to the Writers Guild of
America (“WGA”) Basic Agreement, (or such other WGA agreement as may be
applicable). The arbitrator shall not have authority to award punitive damages. Any
arbitration award will provide for you and me to bear our own costs of arbitration,
which costs shall include our respective attorneys' fees and costs. Any such
arbitration shall be conducted in Los Angeles, California and shall be governed by and
subject to the laws of the State of California and the rules of the American Arbitration
Association.
6.
I hereby represent and warrant that: (a) except as disclosed by me to you, in writing,
concurrent with my execution of this agreement, the Material was created and is solely
owned by me and that no other person, firm or corporation has any right, title or
interest therein or thereto; (b) I have the full right and authorization to submit the
Material to you upon all of the terms and conditions herein stated; and (c) no persons
except those also signing below have collaborated with me in creating the Material. I
agree to indemnify you and hold you harmless from and against any claim, loss,
obligation, liability or expense, including reasonable attorneys' fees and costs, that
may be asserted against you or incurred by you which arise out of or in connection
with the Material or any use thereof.
7.
This agreement shall be governed by the laws of the State of California applicable to
agreements executed and to be fully performed therein.
8.
This writing constitutes our entire understanding. No other agreement, written or oral,
express or implied, exists between us with respect to the Material. Any modification or
waiver hereunder or termination hereof must be in writing, signed by both of us. The
invalidity of any provision hereof is not to affect the remaining provisions. Any
references to you shall be deemed also to refer to your subsidiary and affiliated
corporations, companies under common ownership or control with you, and your and
their directors, officers, agents, employees, lessees, licensees, successors and
assigns.
MILKBOSS INDUSTRIES • 310.359.8958 main • milkbossindustries.com
MILKBOSS INDUSTRIES
SUBMISSION RELEASE
I acknowledge that but for my agreement to the above terms and conditions, you would not
accept my request to receive and consider the Material which I am hereby submitting to you.
Sincerely,
Signature:
Print Name:
Address:
Phone:
Fax:
Email:
MILKBOSS INDUSTRIES • 310.359.8958 main • milkbossindustries.com
MILKBOSS INDUSTRIES
SUBMISSION RELEASE
Exhibit "A" to Submission Release
Title(s) of Submitted Material(s):
Format of Submitted Material(s) (e.g., script, dvd):
Description(s) of Submitted Material(s) (i.e., genre, plot, concept, logline, etc.):
WGA, WGC, and/or Copyright Registration Number(s):
MILKBOSS INDUSTRIES • 310.359.8958 main • milkbossindustries.com