Script Submission Policy and Release Form
Smersh LLC (the “Company”) would like to thank you (the “Owner”) for your interest in submitting a piece of scripted literary material (the “Screenplay”). We invite you to review our submission policy and procedures below. Please be aware that the Company will only accept and consider material if their Owner(s) sign and agree to the policies set forth and outlined below.
Full Copyright / Ownership of the Screenplay, Treatment, or Scripted Material
The Company will only accept material submitted in print form to the address provided. Your submission will only be considered at your request, accompanied by a fully signed and executed release form, with your guarantee that you (and your co-writers / owners if applicable) are the sole originator(s) of the scripted material and you have the legal right to submit it to the Company for consideration.
Disclosure of Scripted Material is Not Confidential
You authorize the Company to discuss your Screenplay with its employees and collaborators to evaluate its overall production potential. You furthermore acknowledge and understand that any consideration and discussion of your submission does not create a binding and confidential relationship.
Submission Without Compensation
Review of your Screenplay does not imply that the Company agrees to compensate you in any way. However, should the Company choose to explore the use of your Screenplay or any portion thereof that is legally protectable, the Company will enter into negotiations with you to determine fair and equitable compensation.
Submission Without Prejudice
The Company’s consideration of the screenplay you submit, or negotiations to purchase said material, does not waive our right to research and confirm / contest your copyrights, trademarks, and intellectual property rights.
Conception by the Company
The Company may already be exploring films and ideas generated by employees or other outside sources that resemble your submission. In certain cases the Company may have considered your ideas in the past, or similar or identical ideas that may have been generated independently. Therefore, you agree to renounce any claim that the Company misappropriated any ideas or portions of your submission in any future Company productions.
Qualification & Modification
You acknowledge that you are at least 18 years of age and hereby agree that above conditions may not be changed or waived except in writing and must be signed by an officer of the Company.
Co-authors / owners must sign separate forms.
Dear Smersh LLC:
I (the Owner) am submitting to you (the Company) the enclosed material (the Screenplay):
, an original screenplay,
WGA REG. NO. (if applicable) . COPYRIGHT REG. NO. (if applicable) .
The material is submitted on the following conditions:
1. 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 received by you are similar 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 by you of any such similar idea or material.
2. I further understand that you would refuse to accept and evaluate said material in the absence of my acceptance of each and all of the provisions of this agreement. I shall retain all rights to submit this or similar material to persons other than you. I acknowledge that no fiduciary or confidential relationship now 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 of said material.
3. I request that you read and evaluate said material to decide whether you will undertake efforts to acquire it.
4. I represent and warrant that I am the author of said material, having written or acquired said material as the employer-for-hire of all writers thereof; that I am the present and sole owner of all right, title and interest in and to said material; that I have the exclusive, unconditional right and authority to submit and / or convey said material to you upon the terms and conditions set forth herein; that no third party is entitled to any payment or other consideration as a condition of the exploitation of said material. If the material is co-owned, all co-writers / owners have submitted their own signed copy of this release form totaling 100% ownership of said material.
5. I agree to indemnify you from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against you or incurred by you at any time in connection with said material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.
6. You may use without any obligation or payment to me any of said material which is not protectable as literary property under the laws of plagiarism, or which a third person would be free to use if the material had not been submitted to him or had not been the subject of any agreement with him, or which is in the public domain. Any of said material which in accordance with the preceding sentence, you are entitled to use without obligation to me is hereinafter referred to as “unprotected material.”
7. You agree that if you use or cause to be used any protected material provided it has not been obtained from, or independently created by, another source, you will pay or cause to be paid to me an amount which is comparable to the compensation customarily paid for similar material.
8. I agree to give you written notice of any claim arising in connection with said material or arising in connection with this agreement, within sixty calendar days after I acquire knowledge of such claim, or of our breach or failure to perform the provisions of this agreement, or if it be sooner, within sixty calendar days after I acquire knowledge of facts sufficient to put me on notice of any such claim, or breach or failure to perform; my failure to so give you written notice will be deemed an irrevocable waiver of any rights I might otherwise have with respect to such claim, breach or failure to perform. You shall have sixty calendar days receipt of said notice to attempt to cure any alleged breach or failure to perform prior to the time that I may file a Demand for Arbitration.
9. In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of California to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association. The arbitration shall be conducted in the County of Los Angeles, State of California, and shall be governed by and subject to the laws of the State of California and the then prevailing rules of the American Arbitration Association. The arbitrators’ award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.
10. I have retained at least one copy of said material, and I release you from any and all liability for loss or other damage to the copies of said material submitted to you hereunder.
11. Either party to this agreement may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of its or their obligations hereunder. This agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licenses, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement.
12. I hereby acknowledge and agree that there are no prior or contemporaneous oral agreements in effect between you and me pertaining to said material, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by me of any ideas, formats, plots, characters, or the like). I further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both you and me, and then our and my rights and obligations shall be only as are expressed in said formal written agreement.
13. I understand that whenever the word “you” or “your” is used above, it refers to (1) you, (2) any company affiliated with you by way of common stock ownership or otherwise, (3) your subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom you are leasing production facilities, (6) clients of any subsidiary or affiliated company of yours, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of you, and of all such person, corporations referred to in (1) through (6) hereof. If said material is submitted by more than one person, the word “I” shall be deemed changed to “we,” and this agreement will be binding jointly and severally upon all the persons so submitting said material.
14. 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 shall remain in full force and effect.
15. This agreement shall be governed by the laws of the state of California applicable to agreement executed and to be fully performed therein.
16. I have read and understand this agreement and no oral representations of any kind have been made to me and this agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us. I agree with the terms and conditions.
ACCEPTED AND AGREED TO BY THE OWNer: % OWNERSHIP OF MATERIAL