A big International Animation studio has asked me to sign a Submission Release Form before they read my Idea for an Animation film.
I was wondering if somebody who knows about these could have a look at the points it includes and suggest me
1. if this is Fair or Standard?
2. If not then what points should I try to get removed before signing it?
START of Form Content
I/we recognize the possibility that the Submission may be identical with or similar to material which
has or may come to you from other sources. Such similarity in the past has given rise to litigation so
that unless you can obtain adequate protection in advance, you will refuse to consider the
Submission. For and in consideration of your agreement to consider the Submission, and as an
inducement for you to do so, I/we hereby accept your terms and conditions as follows:
1. I/we acknowledge that the Submission is submitted by me voluntarily, and not in confidence, and
that no confidential relationship is intended or created between us by reason of the submission of
the Submission. You shall have no liability for any loss, theft or destruction of the Submissions
while they are in your possession or in transit to or from you. I/we acknowledge that I/we have
obtained originals of the Submissions.
2. I/we acknowledge that you may now have, have had, or will have under consideration other
works and ideas of your own or of others which may be similar, and in some respects identical, to
my/our Submissions. Your consideration of my/our Submissions does not restrict you from fully
developing, producing and distributing such other works and ideas with no obligation to acquire
rights in my/our Submissions.
3. I/we represent and warrant that I/we own the Submissions free of all claims or encumbrances,
and have the exclusive right to offer all rights in the Submission to you. I/we warrant that the
Submission is novel and original with me and does not constitute defamation against, and does
not violate any rights of, any person.
4. I/we do not hereby grant copyright in the Submissions to you. I/we do, however, hereby agree
that I/we shall not assert or bring, directly or indirectly, any litigation or other claim or demand whatsoever against you or your licensees claiming any right, title or interest in or to other works
or ideas you may use if such a claim is based in whole or in part upon any allegation of the
similarity of such other work or idea to my/our Submissions.
5. No Injunction. In any event, I/we agree that we shall never claim any remedy enjoining the
development, production, or distribution of any production based in whole or in part upon other
works or ideas you may use that I/we may claim are similar to my/our Work. I/we may only claim
reasonable money damages.
6. I/we agree that no obligation of any kind is assumed or may be implied against you by reason of
your consideration of the Submission or any discussions or negotiations we may have with
respect thereto, except in the event that you enter into a formal written agreement with me/us
concerning the Submission and in that case, your obligation shall be only those expressly stated
in such a written agreement. This Release is entire. No statements or representations have been
made except those expressly stated in this Release. This Release may be modified only by
subsequent written agreement signed both by you and me/us.
7. This Release will be interpreted in accordance with the laws of the Province of British Columbia
and the laws of Canada applicable therein and the courts of British Columbia shall have exclusive
jurisdiction with respect to any dispute arising hereunder.