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This material, consisting of a motion picture or television script (hereinafter “Material,”) is being submitted for analysis and review by Coverage, Ink.
I recognize that Coverage Ink has adopted a policy of refusing to accept or otherwise review any Material unless the person submitting such Material and all other authors and/or Owners of the Material, if any, have read this Agreement acknowledging that he or she understands the nature of this submission and the limitations on your liability in connection with it
In consideration of the foregoing, I hereby irrevocably warrant, represent and acknowledge the following:
1. The Material is submitted by me voluntarily. No confidential or fiduciary relationship between me and Coverage Ink exists or is being created by this Agreement or by my submission of the Material.
2. I am at least eighteen (18) years of age, the Material is completely original with me and or me and my co-writers (or is to some extent in the public domain), and has not been sold, assigned, optioned or otherwise transferred, nor has it been used as security for any loan or otherwise encumbered. I am the sole owner and author of the Material, and/or I or my company, by owning or having optioned the rights to the Material, have the right and authority to submit the Material to Coverage Ink for story review/development services upon the terms and conditions set forth herein. None of the rights granted herein will libel or defame any third party or otherwise violate the rights of any third party, whether under copyright or otherwise.
3. No obligation of any kind is assumed or may be implied against Coverage Ink by reason of the submission of the Material to Coverage Ink.
4. Nothing contained in this Agreement, nor the fact of my submission of the Material to Coverage Ink, shall place Coverage Ink, or any person or entity who may read the Material as part of the script evaluation process, in any different position than anyone else to whom I have not submitted the Material.
5. All Coverage Ink story analysts have signed non-disclosure agreements and may not discuss any scripts they read outside of Coverage ink or use any story elements from material they review in their own material or in any way. That said, I acknowledge that Coverage Ink is exposed to many story ideas constantly and has read thousands of scripts since its establishment in 2002. Coverage Ink has access to, or may have created, literary materials and ideas, which may be similar to the Material in theme, idea, plot, format or other respects. Coverage Ink reviews scripts with similar story elements all the time. I will not be entitled to any compensation because of the use of any such similar or identical material which was independently created by anyone affiliated with Coverage, Ink, other than with respect to any protectable literary property (“Protectable Material”) contained therein. Protectable Material means any Material which is protected as literary property under copyright law.
6. Except as otherwise provided in this Agreement, I hereby release Coverage Ink from any and all claims, demands, and liabilities that may arise in relation to the Material or by reason of any claim now or hereafter made by me that you have used or appropriated the Material or any portion thereof. In the event of any dispute concerning any alleged use of said Material (e.g., whether you have caused the Protectable Material to be used), or any other dispute arising out of or in connection with the Protectable Material or with reference to this Agreement, its validity, construction, performance, non-performance, operation, breach, continuance or termination, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect, provided that said arbitration shall be heard before a single arbitrator, selected pursuant to said rules and regulations. 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. Said arbitrator shall be well acquainted with the entertainment business in the County of Los Angeles. The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and shall be final and binding, and shall provide for each party to bear his or its own costs of arbitration and attorneys’ fees.
7. In addition to making the representations and warranties set forth above, I also acknowledge my understanding of and agreement to the following:
A. Coverage Ink’s submission process is an open service with the express purpose of providing an impartial analysis and review of my screenplay or pilot or other literary material. All coverage reports and script mark-ups represent an opinion and suggestions, which I am under no obligation to use.
B. It is my sole responsibility to protect the Material, including filing or registration the Material with the Writers Guild of America or the United States Copyright Office. Coverage Ink strongly recommends that I register the Material with one or both of the aforementioned parties.
C. I will indemnify, protect, defend and hold Coverage Ink harmless from and against any liabilities, losses, claims, demands, costs or expenses (including, without limitation, attorneys’ fees and court costs) incurred at any time in connection with the Material or in connection with any breach or alleged breach by me of any of the representations, warranties or agreements contained herein. I agree that I must give you written notice by certified or registered mail at your address as set forth on the www.coverageink.com website, of any claim arising in connection with the Material or arising in connection with this Agreement within the period of time prescribed by the applicable statute of limitations, but in no event more than 10 calendar days after I acquire knowledge of such claim, or if it be sooner, within 10 calendar days after I acquire knowledge of facts sufficient to put me on notice of any such claim. My failure to give you written notice will be deemed an irrevocable waiver of any rights I might otherwise have with respect to such claim.
8. Coverage Ink and its assignees may assign your rights under this Agreement, in whole or in part, in any manner and to any person, corporation or entity that you shall determine.
9. The word “you” and “your” in this Agreement refers to Coverage, Ink, and any affiliated entities. If the Material is submitted by more than one person, the word “I” shall be deemed changed to “we” (and the corresponding verb changed to the first person plural), and this Agreement will be binding jointly and severally upon all such persons.
10. 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 purposes stated herein.
11. This Agreement may not be changed, modified, terminated or discharged except in writing signed by both Coverage Ink and me. This Agreement, regardless of where executed or performed, shall be governed by, construed and enforced in accordance with the laws of the State of California applicable to agreements executed and to be wholly performed therein, any action shall be brought in such state and I hereby submit to the personal jurisdiction of the courts thereof.
12. I understand that you have the right to discontinue Coverage Ink at any time without any notice given to me.
13. I hereby state that I have read and understand this Agreement; 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 the Material; and that this Agreement states our entire understanding.
14. I also acknowledge that if the Material is owned by me as well as others that I have received permission from them to enter into this agreement on their behalf.
15. At no time does the title or any rights of or to this Material ever change hands. At no time is Coverage Ink or its readers, employees, contractors or assigns given any rights to the material. Coverage Ink’s services are for story review and development purposes only. At no time does Coverage ink ever attach itself or make any fiduciary claim to any story materials it reviews.
16. Coverage Ink understands that confidentiality is important. Coverage Ink will never expose your material to any person or company outside of Coverage Ink for any reason without express written approval by the Writer or rights holder of the screenplay. All screenplay coverage reports remain internal. Writer may use the coverage report as Writer sees fit, including as a marketing tool to help promote the material. However, Writer may not change, alter, or modify the Coverage Ink report if using it for such purposes, except in the case oif using excerpts or quotes.
17. Coverage Ink may shop and promote my material as part of its Get Repped Now promotion, if the material scores a “Consider” or better for script while the twice-yearly Get Repped Now promotion is active. It is understood that screenplay or pilot submissions during Get Repped Now that the writer has given permission to present their material to the get Repped Now manager panel. If the writer does not wish their material shopped to our manager panel, please contact us.