Name (printed or typed):
To: PCH Filmworks
9881 Irvine Center Drive, Suite 100
Irvine, CA 92618
and under the terms and conditions stated herein, please find the following
submitted material ("Material"):
TITLE OF MATERIAL:
WRITERS GUILD OF AMERICA
OR COPYRIGHT NO.:
FORM OF MATERIAL:
BRIEF SUMMARY OF MATERIAL:
1. I understand that
PCH will be evaluating the Material as a basis for providing services
to me and/or considering a potential further relationship with me. I further
understand that PCH has a policy of refusing to review or consider
creative materials for any purpose, unless the submitter signs a release
defining the conditions of such a submission. I am executing this Submission
Release ("Release") with the express understanding that PCH
will review and evaluate the Material solely and completely in reliance
upon this Release and my covenants and warranties herein. I specifically
acknowledge that PCH would refuse to review the Material in the
absence of my agreement to each and every provision of this Release. Furthermore,
it is expressly understood that neither PCH nor I shall be obligated
to enter into any further agreement relating to the Materials.
2. I understand and
acknowledge that because of PCH's position (i) it receives numerous
submissions of scripts and other creative works from third parties, and
(ii) it is constantly developing in-house ideas, scripts, treatments,
stories, concepts, artwork, music, and the like, and that many such submissions
and/or developments heretofore or hereafter received and/or developed
by PCH may be similar to or identical to those contained in my
Submission. I understand and agree that PCH's use of material containing
elements similar to or identical with protectible property contained in
the Material shall not obligate PCH to me in any manner if PCH
shall have developed or obtained such material either heretofore or hereafter
independently or exclusively from sources other than from me.
3. I acknowledge that
no fiduciary or confidential relationship now exists between PCH
and me, and I further acknowledge that no such relationship is established
by execution of this Release, my submission of the Material, or by PCH's
acceptance, review or retention of the Material.
4. I warrant and represent
that I am the sole author of the Material or that I have the right to
submit the Material. I further warrant and represent that to the best
of my knowledge the Material and all elements thereof are (i) my original
creations and do not violate any copyright, proprietary rights, rights
of confidentiality, or other rights of any person or entity and that no
third party has any rights, title or interest therein or thereto except
as may be specifically identified on the Material in writing, and (ii)
to the extent that I have included in the Materials music or songs composed
by others, I have re-recorded such music or songs solely for the purpose
of allowing PCH to evaluate my skill as a producer or musician
and where required I have either obtained permission from the relevant
third party composer to rerecord their work or such music or song is considered
in the "public domain" and permission from a third party is
not required. I agree to defend, indemnify and hold PCH harmless
from and against any and all claims, expenses, losses or liabilities,
including any reasonable attorney's fees and costs, that may be incurred
by or asserted against PCH in connection with the Material.
5. I understand that
PCH will not intentionally use the Material or any part thereof
for any purpose other than as provided herein unless PCH and I
hereafter enter into a written agreement for the acquisition of rights
therein, and that PCH shall not be obligated to pay anything to
me or any other person, firm or corporation in the absence of such written
6. I understand that any dispute concerning your alleged unauthorized use of
the Material, or arising out of or with reference to my submission of this
Release, its validity, construction, or performance shall be submitted to
arbitration in the State of California for determination. If the arbitrators
determine that PCH used legally protectible portions of the Material without
my consent, I agree that the amount of any award to me shall not exceed the
fair market value as of the date of this Release of the protectible portions
of the Material used, but in no event more than the applicable Writers Guild
of America minimum scale payment for such material.
7. I agree that I
must give PCH written notice by certified or registered mail at
its address set forth above of any claim arising in connection with the
Material or arising in connection with this Agreement, within the period
of time prescribed by the applicable statute of limitations, but in no
event more than ninety (90) calendar days after the date on which I first
acquire knowledge of such claim, or I first learn sufficient facts to
put me on notice of such a claim. My failure to give PCH such written
notice shall be deemed an irrevocable waiver of any rights I might otherwise
have had with respect to such claim.
8. I have retained
at least one copy of the Material, and I hereby release PCH of
all liability for loss or destruction of, or damage to, said Material.
9. I understand that
it is my sole responsibility to protect the Material, including filing
a copyright registration with the appropriate government agency and/or
filing or registering the Material with the Writers Guild of America.
10. I understand that
the services of PCH, and the results thereof, are subjective in
nature and that reasonable people may disagree as to the merits of the
Material. I agree that PCH cannot warrant or guaranty that its
review of the Materials will result in a complimentary or positive evaluation.
11. This Release shall
inure to the benefit of, and be binding upon, each of us and our respective
heirs, successors, representatives, assigns and licensees. Should any
provision or part of any provision of this Release be void or unenforceable,
such provision or part thereof shall be deemed omitted, and replaced by
a legal provision which most closely reflects the parties' intent as expressed
herein. As so modified, this Release shall remain in full force and effect.
This Release shall be construed according to the internal substantive
laws of the State of California without reference to conflicts of law
provisions. This Release may not be changed, modified, terminated or discharged
except by a writing signed by both parties.
12. If more than one
party signs this Release as submitter, the reference to "I"
or "me" shall apply to each such party, jointly and severally.
All reference to PCH herein shall refer to PCH Filmworks,
any parent or subsidiary thereof, and any and all heirs, successors, representatives,
licensees, and assigns, and their officers, directors, agents, servants,
employees, stockholders, and licensees. PCH may assign its rights
and obligations under this Agreement to any person, corporation or other
entity, in its sole discretion.
13. I hereby state
that I have read and understand this Release; that no representations
of any kind have been made to me other than as contained in this Release;
that there are no prior or contemporaneous agreements, either oral or
written, in effect between us pertaining to the Material; and that this
Release states our entire understanding and agreement.
Name (printed or typed):