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Submission Release Agreement
I am submitting to you here with the following described material, ideas or creative work (herinafter referred to as "said material(s)"):
I further understand that you have adopted the policy of refusing to accept, consider or evaluate unsolicited material unless the person submitting such material has signed an agreement in form substantially the same as this.
I specifically acknowledge that you would refuse to accept, consider or otherwise evaluate any material in the absence of my acceptance of each and all of the provisions of this agreement. It is understood that no confidential relationship is established b my submitting the material to you hereunder. I shall retain all rights to submit this or similar material to persons other than you.
I request that you examine said material with a view to deciding whether you will undertake to represent said material, and you hereby agree to so examine it.
I warrant that I am the sole owner and author of said material, that I have the exclusive right and authority to submit the same to you upon the terms and conditions stated herein, and that all of the elements of said material are summarized herein. I agree to indemnify you against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing.
I agree that nothing contained in this agreement nor the fact of my submission of said material to you shall be deemed to place you or any of your client or any person or entity to whom you show said material in any different position than anyone else to whom I have not submitted same material with respect to any portion of said material which does not constitute protectable literary property.
I recognize that you and your clients have access to and/or may create or have created literary materials and ideas which may be similar or identical to said material in theme, idea, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by you or any such client or may have come to you or such client from any other independent source.
Such similarity in the past has given rise to litigation so that unless you can obtain adequate protection in advance, you will refuse to consider the submitted material. The protection for you must be sufficiently broad to protect you, your related corporations, and you and their employees, agents, licensees and assigns and all parties to whom you submit material. Therefore, all references to you include each and all of the foregoing.
I agree that no obligation of any kind is assumed or may be implied against you by reason of your review of the said material or any discussions or negotiations we may have, except pursuant to an express written agreement hereafter executed by you and me which, by its terms, will be the only contract between us.
You agree that if you cause to be used any legally protectable portion of said material, provided it has not been obtained from, or independently created by, another source, you will pay or cause to be paid to me in amount which is comparable to the compensation normally paid 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 to said amount, or in the event of any dispute concerning any alleged use of said material (e.g. whether you have cause to be 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.
I hereby state that I have read and understand 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 this subject matter hereof. Any modification of waiver of any of the provisions of this agreement must be in writing and signed by both of us.
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. This agreement shall at all times be construed so as to carry out the purposes hereof.
Yes I, have read and agree to abide by the rules and guidelines on the SUBMISSION RELEASE AGREEMENT.
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