Pneuma Entertainment, LLC
6245 Bristol
Parkway #265
Culver City, CA
90230
PH: (310) 433-1824
FX: (310) 861-0169
info@ pneumaentertainment.com
www.pneumaentertainment.com
PROPERTY
RELEASE
Ladies/Gentlemen:
1)
I am
submitting to you herewith the following described material, ideas or creative
work (herein after referred to as "said material(s)"):
2)
I
understand that you do not purchase literary properties. I/we further
understand that you have adopted the policy of refusing to accept, consider or
evaluate unsolicited material unless the person submitting such material has
signed an agreement in form substantially the same as this.
I
specifically acknowledge that you would refuse to accept, consider or otherwise
evaluate my material in the absence of my acceptance of each and all of the
provisions of this agreement. It
is understood that no confidential relationship is established by my/our
submitting the material to you hereunder. I shall retain all rights to submit
this or similar material to persons other than you.
3)
I
request that you examine said material with a view to deciding whether you will
undertake to represent said material, and you hereby agree to so examine it.
4)
I
warrant that I am the sole owner or principal partner(s) and author(s) of said
material, that I have the exclusive right and authority to submit the same to
you upon the terms and conditions stated herein, and that all of the elements
of said material are summarized herein.
5) I agree
that nothing contained in this agreement nor the fact of my submission of said
material to you shall be deemed to place you, or any of your employees, or any
of your clients in any different position than anyone else to whom I have not
submitted said material with respect to any portion of said material which does
not constitute protectible literary property.
6) I
recognize that you and your employees have access to and/or may create or have
created literary materials and ideas which may be similar or identical to said
material in theme, idea, plot, format or other respects. 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 any
such employees or may have come to you or such employees from any other
independent source.
7) You
agree that if you cause to be used any legally protectible portion of said
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 normally paid for similar material or an amount
equal to the fair market value thereof as of the date of this agreement,
whichever is greater. If we are unable to agree to said amount, or in the event
of any dispute concerning any alleged use of said material (e.g. whether you
have cause to be used legally protectible portions thereof), or any other
dispute arising out of or in connection with said material or with reference to
this agreement, its validity, construction, performance, conperformance,
operation, breach, continuance or termination, such dispute shall be submitted
to arbitration. Each party hereby waives any and all rights and benefits which
he or it might otherwise have or be entitled to under the laws of California to
litigate any such dispute in court, it being the intention of the parties to
arbitrate, according to the provisions hereof, all such disputes. Either party
(either you or I) may commence arbitration proceedings by giving the other
party written notice thereof and in such notice designating one arbitrator. If'
the other party shall fail or refuse, for whatever reason, to select a second
arbitrator within twenty (20) days, as aforesaid, then the first arbitrator
appointed shall serve as the sole arbitrator and shall promptly determine the
controversy. The two arbitrators shall promptly select a third arbitrator, and
if they cannot agree on a third arbitrator within ten (10) days after the
appointment of the second arbitrator, either party may secure appointment of
the third arbitrator by application to the American Arbitration Association.
Each of the arbitrators shall be a person experienced and knowledgeable in the
entertainment industry. The arbitrators, when appointed, shall promptly
determine the controversy by majority vote and such determination shall be
final and each of the parties shall be bound thereby. The arbitration shall be
conducted in the County of Los Angeles, State of California, and, except as,
herein expressly provided otherwise the arbitration shall be governed by and
subject of the laws of the State of California and the then prevailing rules of
the American Arbitration Association, or shall otherwise fail to participate in
the arbitration proceeding, then the arbitrators or arbitrator, as the case may
be, are empowered to proceed ex parte.
8)
Either
party to this agreement may assign or license to any person, firm or
corporation whomsoever, its or his rights hereunder, but such assignment or
license shall not relieve such party of his or its obligations hereunder. This
agreement shall inure to the benefit of the parties hereto and their respective
heirs, successors, representatives, assigns licensees and clients shall be
deemed to be third party beneficiaries under this agreement.
9)
I
have retained at least one copy of said material, and I hereby release you of
and from an all liability for loss of, or damage to, the copies of said
material submitted to you hereunder.
10)
I hereby state that I have
read and understand this agreement and that no oral representations of any kind
have been made to me and that 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 all
parties involved.
11)
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
omitted shall remain in full force and effect. This agreement shall at all
times be construed so as to carry out the purpose hereof.
__________________________ _________________
Signature Date
__________________________
Print Name
__________________________
Address
__________________________________________
City and State and Zip
AGREED TO AND ACCEPTED:
By____________________________ ____________________
Pneuma Entertainment Date