Work Sample Consent Form
Thanks for applying to Craft Services. Legally, we are required to have you sign the below agreement, which protects both you and us from any future legal weirdness that could possibly arise from your submitting creative material to us.
(For example, if you send us a screenplay about a Lithuanian mountain climber, and ten years from now someone involved in Craft Services happens to make a television show about an Ecuadorian mountain climber, this form guarantees that you can’t sue with a furious claim that that person stole your idea. It also guarantees you that we’re not going to run off and produce the show or movie you send in, or do absolutely anything with it — other than read it — without your permission. In other words, you can feel totally secure sharing your work in absolute privacy and protection.)
Sorry to have to get all legal on you for a minute. But please read and sign the below form so that we’re both protected and can engage creatively. Excited to see your stuff!
Dear Craft Services Applicant:
Concurrently with the execution and delivery of this agreement, I am submitting to you the aforementioned material.
For purposes of this agreement, the foregoing material and any other ideas, concepts, premises, pitches, outlines, treatments and/or materials that | share with you, whether in hard copy, digital format, orally or via any other means, will be known as the “Submitted Material”. The protections set forth in this agreement apply to you and your related parties and/or affiliates, employers, production company(ies), financing partners (if any), and your and their owners, directors, officers, employees, agents, representatives, licensees, assigns. Therefore, all references to “you” shall include each and all of the foregoing.
I acknowledge that because of your position in the entertainment industry, you receive numerous solicited and unsolicited submissions of ideas, formats, concepts. stories, teleplays, screenplays, bibles, suggestions and the like, and that many such submissions heretofore or hereafter received by you are similar to or identical to those developed by you or your employees or to those otherwise available to you. Further, I acknowledge that you have adopted the policy, with respect to unsolicited submission of material, of refusing to accept, consider or review such material unless the person submitting such material has signed an agreement in form substantially the same as this. Accordingly, as a condition to your receipt of the Submitted Material, I hereby agree to execute this Release, and agree as follows:
1. The Submitted Material is submitted voluntarily and not in confidence or in trust, and no confidential or fiduciary relationship is intended or created between you and me by reason of such submission. I acknowledge that I shall not receive any compensation for submitting the Submitted Material to you or sharing it with you. I recognize the possibility that the Submitted Material may be identical with or similar to material which you have developed internally or which has or may come to you from other sources. Your use of material identical or similar to the Submitted Material shall not obligate you to negotiate with me nor entitle me to any compensation or any other entitlement if you have an independent legal right to use such other material.
2. I represent and warrant that I am the sole owner and author of the Submitted Material; that I have full right to submit it to you upon the terms and conditions stated herein; and that the consent of no other person or entity is required to fully exploit the Submitted Material. I will indemnify you from and against any and all claims, expenses, losses or liabilities (including attorneys’ fees) that may be asserted against you or incurred by you, at any time, in connection with the Submitted Material or any use thereof, arising from any breach or alleged breach of these representations and warranties.
3. You shall have no responsibility for any loss of the Submitted Material for any reason. You shall have no obligation to return the Submitted Material to me. If you choose, you may make and keep a copy (or duplicate) of the Submitted Material, but are not obligated to do so.
4. I shall not have the right to use (nor to authorize the use of) your name, in any manner or means whatsoever. For clarity, this restriction also extends to your related parties and/or affiliates, employers, production company(ies), financing partners (if any), and your and their owners, directors, officers, employees, agents, representatives, licensees, assigns.
5. lf there is any dispute arising out of this Release, or relating to your alleged or actual use of the Submitted Material, the matter shall be determined solely by submitting such to arbitration in Los Angeles, California, before an arbiter mutually selected by the parties who is experienced in the entertainment field; or, if we cannot mutually agree, then such arbiter shall be selected in accordance with the Comprehensive Arbitration Rules of JAMS. Any award favorable to me shall be limited to the fixing of compensation for your use of the Submitted Material, which shall bear a reasonable relation to compensation normally paid for similar material as of the time of the initial submission to you of the Submitted Material, taking into account the relative stature of the owner and/or author of similar materials. You will have the opportunity of specifying, prior to the fixing of such compensation, what rights you wish to acquire in the Submitted Material and such award must include the issuance of a grant from me to you in accordance with your specifications. The arbitration, any evidence or other material, and the award shall be confidential. I UNDERSTAND AND ACKNOWLEDGE THAT I AM WAIVING MY RIGHT TO A JURY TRIAL.
6. Except as otherwise provided in this agreement, I hereby release you from any and all claims, costs, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Submitted Material or by reason of any claim now or hereafter made by or through me or on my behalf (even though | realize that such might be based on facts or circumstances not now known or suspected by me to exist, which if known or suspected, would have materially affected our decision to enter into this agreement, or to submit the Submitted Material ta you) that you have used or appropriated the Submitted Material, except for fraud or willful injury on your part. I waive all rights of injunctive and other equitable relief against you, in connection with this agreement, including the exploitation of any material whether or not identical or similar to the Submitted Material.
7. Should any provision of this agreement be void or unenforceable or restricted, such provision shall be deemed omitted or so restricted, and the balance thereof shall remain in full force and effect. I have read and understand this agreement. This agreement shall be binding on the parties’ respective successors, assigns, licensees and all affiliated and related parties. If the Submitted Material is submitted by more than one person, the words “I” and “my” shall be deemed changed ta “we” and “our” respectively, and this agreement will be binding jointly and severally upon all the persons so submitting said Submitted Material. This agreement shall be interpreted in accordance with the laws of the State of California applicable to agreements entered into and fully performed therein.
8. I hereby state that I have read and understand this Release; that no oral representations 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 Release states our entire understanding. I understand that I have the right to seek the advice of independent counsel concerning my rights, the provisions hereof, and the advisability of executing this document. Further, I acknowledge that I have been advised by you, and you have given me the opportunity, to seek the advice of independent counsel, and I acknowledge that I am executing this Release voluntarily after consultation with independent counsel or after intentionally deciding not to do so.