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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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