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Submission of Material -release and Agreement
By submitting any material to Eagle Entertainment Group with or
without our
written permission, you hereby agree to the following. Submission mail in
address at the
end of this agreement. Once we receive the submission agreement, we may contact
you, preferably via e mail, to possibly send in your project.
Re:
Submission of Material -release and Agreement
Gentlemen/ Gentlewomen:
I am submitting to you herewith and under the terms and conditions stated
herein the following material entitled (herein the "Material") described as follows:
I request that you read and evaluate the material and consider the same in
connection with the possible
development of projects in any and all media of communications based upon
the Material, and/or consider the same as a sample of my writing skills in connection with your possible employment
of me as a writer. In this connection, you and I agree as follows:
1. In consideration
of my execution of this Agreement and for other good and valuable consideration, including your reading and considering the material within
a reasonable period of time to determine, whether you wish to acquire my rights in the Protected material
as defined below, and/or employ
me as a writer, I hereby grant to you, upon the terms and conditions as herein
set forth, the non-exclusive
right, but not the obligation, to use any or all protected material for any
and all purposes, in perpetuity. I
acknowledge that because of your position in the entertainment industry you
receive numerous submissions of ideas, formats, stories, suggestions and the like, and that many such submissions
heretofore or hereafter
received by you are simi1ar to or identical to those developed by you or
your employees or otherwise
available to you. 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
your employees or otherwise
available to you. I acknowledge that no fiduciary or confidential relationship
exists between you and me,
and I further acknowledge that no such relationships are established between
you and me by reason of this
Agreement or by reason of my submission to you or said Material.
2. I understand
and agree that if you do not undertake to consider the Material in confidence,
you may submit the Material to such other persons as you may, in your sole
discretion, deem desirable in
connection with the rights as herein set forth. You have not made any prior
inducements, promises, or
representations to me regarding the Material. You shall not be under any
obligations whatsoever if you do not desire to use the Material.
3.
I hereby represent and warrant that: (a) the Material is wholly original
with me and was
created and is solely owned by me and that no other person or other entity
has any right, title or interest
therein or thereto; (b) I have the full right and authorization to submit
the Materia1 to you upon all of the
terms and conditions herein stated; (c) no person except those, if any, also
signing below have collaborated
with me in creating the Material; (d) I will indemnify you from and against
any and all claims, demands,
actions, causes of action, damages, expenses, losses or liabilities that
may be asserted against you in
connection with said material and/ or by reason of any breach or alleged
breach of any representation,
warranty or agreement made, by me hereunder; and (e) I will not at
anytime execute any further agreement or
agreements in conflict herewith nor m any way attempt to encumber the rights
herein granted or do or cause
or permit to be done any act or thing by which the rights herein granted
and purported to be granted may in
any way be impaired.
4.
As used herein in this Agreement, "Protected Material" means any part of
the Material
which is protected as literary property under applicable law. You may use
without obligation to me any
material which is not Protected Material. I hereby grant to you a non-exclusive
right to use any or all
Protected Material for any and all purposes. If you use any of the Protected
Material, then you shall notify
me thereof and you shall pay to me the reasonable value of such non-exclusive
right to such use of such
material and I agree to accept such sum as payment in full for such use.
The "Reasonable Value" as used herein
shall be determined as of the date of this submission and shall be an amount
comparable to the compensation
normally paid for similar material or an amount equal to the fair market
value.
5. Although I
have retained a copy of the Material, you agree that you shall have an
obligation to return to me within a reasonable time the copy submitted to
you. I agree that you shall not be
liable in the even of loss or damage thereto.
6.
You may assign your rights under this Agreement to any person, firm or corporation.
The
word "you" or "your" in this Agreement refers to you. any parent company
any company affiliated with you
by common stock ownership or otherwise, your subsidiaries, subsidiaries of
such affiliates, any person, firm
or corporation for which you act as a producer or furnish writing or production
services, and the officers,
agents, employees, stockholders, licensees, successors and assigns of you
and all such persons, firms and
corporations referred to in this paragraph. If the Material is submitted
by more than one person, the word "I"
shall be deemed changed to "we” (and the corresponding verbs changed to the
first person plural), and this
Agreement will be binding jointly and severally upon all such persons.
7.
Any provision or part of any provision which is void or unenforceable 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 purpose
as stated herein. This Agreement
shall be construed in accordance with the laws of the State of California
applicable to agreements executed
and wholly to be performed therein. Nothing herein shall be deemed to conflict
with applicable law and
collective bargaining agreements, contrary to which the parties have no legal
right to contract. However, in
the event of any conflict, applicable law and collective bargaining agreements
shall be deemed to prevail over
the applicable provisions of this Agreement, and the applicable provisions
of this Agreement shall be deemed
modified, but only to the extent necessary to bring them into compliance
with the applicable requirements. a
waiver of any breach of this Agreement shall not constitute a waiver of any
subsequent breach.
This Agreement may not be changed, modified, terminated or discharged except
in writing signal by
both you and me.
I HEREBY STATE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT;
THAT NO ORAL REPRESENTATION OF ANY KIND HAVE BEEN MADE TO ME; THAT THERE
ARE
NO PRIOR OR CONTEMPORANEOUS ORAL AGREEMENTS IN EFFECT BETWEEN US PERTAINING
TO SAID MATERIAL; AND THAT THIS AGREEMENT STATES OUR ENTIRE UNDERSTANDING.
ACCEPTED AND AGREED TO:
X___________________________
(Signature)
____________________________ Project or Title ____________________
(Name)
_______________________________________________________
(Address)
______________________________________ ____________
(City/ State / Zip )
Phone ____________________ Phone #2 _________________
E mail _______________________ Web site ______________________________
| Mail Submission to: |
Eagle Entertainment Group
3940 Laurel Canyon
Blvd #382
Studio City, Ca 91604
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