Return all pages with the script submission or under separate cover.
RELEASE AND AGREEMENT
THE SCRIPTS AND OTHER DOCUMENTS (NOVELS, MANUSCRIPTS, etc.) THAT YOU
PROVIDE TO SCRIPT DOCTOR, INC./VERNON ZIMMERMAN AT THIS OR ANY FUTURE
TIME ARE ACCEPTED BY SCRIPT DOCTOR, INC./VERNON ZIMMERMAN ONLY ON YOUR
ACCEPTANCE OF THE FOLLOWING CONDITIONS:
1. Upon Script Doctor, Inc./Vernon Zimmerman's acceptance, the screenplay,
novel, manuscript, short screenplay, etc. ("Work") will be
made available on Script Doctor, Inc./Vernon Zimmerman's website to
Script Doctor, Inc./Vernon Zimmerman's registered subscribers ("Subscribers")
who are agents, managers, producers and other industry professionals;
it is understood and agreed that these Subscribers are third party beneficiaries
of this Agreement
.
2. Applicant represents and warrants that he/she is the author of the
Work, and if not the author, has all necessary legal and equitable rights
to the Work.
3. Applicant has retained at least one copy of the Work, as Script Doctor,
Inc./Vernon Zimmerman will not be responsible for any loss or destruction
of the materials submitted to it. Applicant understands that it is his/her
sole responsibility to protect the Work. In order to place anything
on our website it must be registered. It should be filed or registered
with a Writers Guild, Copyright Office, and/or other script protection
organizations that are available around the world. You can register
your work online now by selecting www.wga.org. It is fast and inexpensive.
Script Doctor, Inc./Vernon Zimmerman may, at its sole discretion, change
the format and display of the Work on its website, and may discontinue
the availability of the Work on its website at any time for any reason.
4. Applicant, who attests that he/she is at least eighteen (18) years
of age, has submitted the Work voluntarily and not in confidence. Applicant
understands and agrees that no confidential relationship between Applicant
and the author of the Work if not Applicant, and Script Doctor, Inc./Vernon
Zimmerman and/or its Subscribers is being created by this Agreement
or by Applicant's submission of the Work.
5. Applicant represents and warrants to Script Doctor, Inc./Vernon Zimmerman
and its Subscribers that the Work to be submitted hereunder is original
and that the Work will not contain defamatory or unlawful matter and
will in no way infringe upon the copyright or violate the proprietary
rights of any person whomsoever. The Applicant agrees to indemnify and
hold Script Doctor, Inc./Vernon Zimmerman and its Subscribers harmless
from any suit, demand, or claim made against Script Doctor, Inc./Vernon
Zimmerman and/or its Subscribers by reason of any defamatory right,
and the Applicant further agrees to pay any judgment or reasonable settlement
offer resulting from any such suit, demand, or claim, and to pay any
reasonable attorneys' fees incurred by Script Doctor, Inc./Vernon Zimmerman
and/or its Subscribers in defending against such suit, demand, or claim.
6. No obligation of any kind is assumed or may be implied against Script
Doctor, Inc./Vernon Zimmerman and/or its Subscribers, either as a result
of this Agreement, or Applicant's submission of the Work. It is understood
that Script Doctor, Inc./Vernon Zimmerman and its Subscribers have access
to and/or may create or have created literary materials and ideas which
may be similar to the Work in theme, idea, plot, format or other respects.
Applicant will not be entitled to any compensation or consideration
because of the use of any such similar material that may have been independently
created by a Subscriber or may have come to Script Doctor, Inc./Vernon
Zimmerman or any Subscriber from any independent source.
7. Script Doctor, Inc./Vernon Zimmerman does not itself develop or purchase
written material, and exists for the sole purpose of facilitating introduction
and interaction between writers and parties interested in developing
written material. Script Doctor, Inc./Vernon Zimmerman does not attest
to or guarantee the validity of any Subscriber, or any subsequent agreements
between Applicant and any Subscriber.
8. Except as otherwise provided in this Agreement, Applicant hereby
releases Script Doctor, Inc./Vernon Zimmerman from any and all claims,
demands and liabilities that may arise in relation to the Work, or by
reason of any claim now or hereafter made by Applicant that Script Doctor,
Inc./Vernon Zimmerman or any Subscriber has used or appropriated the
Work. IN NO EVENT SHALL SCRIPT DOCTOR, INC./VERNON ZIMMERMAN OR ITS
SUBSCRIBERS BE RESPONSIBLE OR LIABLE TO APPLICANT FOR INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES
OF APPLICANT, EVEN IF SCRIPT DOCTOR, INC./VERNON ZIMMERMAN OR ITS SUBSCRIBERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The extent of Script
Doctor, Inc./Vernon Zimmerman's liability, if any, should otherwise
be determined, shall be the amount of any sums paid Script Doctor, Inc./Vernon
Zimmerman by Applicant.
9. All the terms and conditions of Script Doctor, Inc./Vernon Zimmerman's
Disclaimer Web Page are hereby incorporated into this Submission Release
Agreement as if recited herein in full.
10. Script Doctor, Inc./Vernon Zimmerman reserves the right to remove
any Work from its website, with or without cause, with or without notice.
If without cause, the Subscriber's fees shall be prorated accordingly.
11. General Provisions:
(a) Entire Agreement: This Agreement contains the entire agreement of
the parties hereto and supersedes any prior written or oral agreement
between them respecting the subject matter contained herein. There are
no other representations, agreements, arrangements, or other understandings,
oral or written, between the parties hereto respecting the subject matter
contained herein which are not fully expressed herein. This Agreement
may be amended or modified only by written agreement signed by duly
authorized representatives of all of the parties hereto.
(b) Waiver. Waiver of any default or breach of this Agreement or any
warranty, representation, covenant, or obligation contained herein shall
not be construed as a waiver of any subsequent breach.
(c) Severability. If any provision of this Agreement, or the application
of it to any party or circumstance, is held to be invalid, the remainder
of this Agreement, and the application of such provision to other parties
or circumstances, shall not be affected thereby, the provisions of this
Agreement being severable in any such instance.
(d) Titles and Headings. Titles and headings to paragraphs in this Agreement
are for the purpose of reference only and shall in no way limit, define,
or otherwise affect the provisions of it.
(e) Heirs. Except as otherwise provided herein, this Agreement is binding
upon and inures to the benefit of all parties, their heirs, executors,
administrators, assigns, successors in interest or other legal representatives.
(f) Notices. All notices and payments under this Agreement are to be
in writing and delivered to Script Doctor, Inc./Vernon Zimmerman at
its postal address above and to Applicant at his/her postal address
noted below, or such other address as either party may subsequently
specify in writing to the other parties.
(g) Arbitration. Any controversy, dispute or claim arising out of the
interpretation, performance or breach of this Agreement shall be resolved
by binding arbitration, at the request of either party, in accordance
with the Guidelines of the American Arbitration Association, in the
City of Los Angeles, California. The arbitrators shall apply California
substantive law and the California Evidence Code to the proceeding.
The arbitrators shall have the power to grant all legal and equitable
remedies and award compensatory damages provided by California law,
including the power to award punitive damages. The arbitrators shall
prepare in writing and provide to the parties an award including factual
findings and the reasons on which the decision is based. The arbitrators
shall not have the power to commit errors of law or legal reasoning,
and the award may be vacated or corrected pursuant to California Code
of Civil Procedure Sections 1286.2 or 1286.6 for any such error.
(h) Attorneys' Fees. If an action is brought for the purpose of enforcing,
defending, or preventing a breach of this Agreement, the successful
or prevailing party in any such proceeding shall be entitled, in addition
to such other relief as may be granted, to recover reasonable attorneys'
fees and costs of suit incurred in such proceeding.
(i) State Law. This Agreement shall be construed and enforceable according
to the laws of the State of California for all purposes. Any action
concerning this Agreement shall be brought in Los Angeles, California
and the parties consent to service of process in California.
YOU MUST SIGN (we need an actual signature) THIS AGREEMENT, ANOTHER
SEPARATE AGREEMENT MUST BE SIGNED BY ANY CO-AUTHOR(S) AND CO-OWNER(S)
OF SUBMITTED WORKS, AND ALL PAGES (INCLUDING THOSE NOT SIGNED) EITHER
FAXED, SCANNED AND EMAILED, OR MAILED BACK TO SCRIPT DOCTOR, INC./VERNON
ZIMMERMAN (see contact information above).
I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS:
(PRINT CLEARLY)
Applicant : ____________________________________________________
Applicant Signature: _____________________________________________
Date: __________________________________________
Address: ________________________________________________________
Apartment #: ____________________________________
City: __________________________________________
State: ____________ Zip: __________________________
Country: _______________________________
Ph: ____________________________________________
Fax: ___________________________________________
E-mail: _______________________________________________________________________
Copyright © 2005 Script Doctor, Inc./Vernon Zimmerman All Rights
Reserved