SUBMISSION
RELEASE
To Whom It May Concern:
You have indicated that you wish to submit to Paramount Global (“PG”) certain ideas, proposals, marketing or promotional plans, program formats, treatments or other material (the “Material”). By signing this letter in the space indicated below and returning it to us, you confirm that you have read the enclosed PG policy concerning the acceptance of the Material, for review, and you also accept the terms of this letter agreement (referred to herein as the "Release" or the "Agreement"). The Material should be summarized on the attached Schedule A and submitted with this letter agreement.
The following shall constitute our agreement with respect to the Material:
1. In consideration of your agreement to the terms and conditions set forth below, PG agrees to cause its appropriate employee having the duty of evaluating material of the type now being submitted by you to review your Material.
2. You acknowledge that there does not now exist, nor has there ever existed, nor will there exist, a fiduciary relationship between you and PG. You requested this opportunity to submit your Material to PG and you make this submission voluntarily and on an unsolicited basis. You and PG had not yet reached an agreement concerning the use of the Material and you realize that no obligation of any kind is assumed by, or may be implied against, PG unless and until a formal written contract has been entered into between you and PG, and then the obligation shall be only as is expressed in the formal written contract.
3. You declare that all of the important features of your Material, and the particular items being submitted by you (e.g., script, outline, drawings, photographs, taped materials, etc.) are summarized on Schedule A annexed to this Agreement, and you have disclosed no other features to PG.
You acknowledge that this Release covers and governs any and all of the Material, whether first submitted to PG contemporaneously with, or prior to, or following, the execution of this Release, and applies also to any submission of the Material made to PG by another source, directly or indirectly, by or through you.
You warrant that you are the sole and exclusive creator, author and owner of the Material, and that to your knowledge no one else has any right to the Material. You further warrant that no rights in the Material have previously been granted to anyone nor has the Material otherwise been exploited in any way. You believe your Material and its features to be unique and novel.
However, you cannot and will not assume or infer from the fact that PG will accept your offer to submit your Material to PG, that PG regards your Material, or any part thereof, as novel, valuable or usable. You recognize that other persons including PG employees may have submitted to PG or to others or made public, or may hereafter originate and submit or make public, similar or identical material which PG shall have the right to use, and you understand that you will not be entitled to any compensation because of PG’s use of such other similar or identical material. Subject to the foregoing provisions, PG will not make any use of any legally protectable portion of your Material unless you and PG have agreed in a writing signed by both parties concerning your compensation for such use, which compensation shall in no event be greater than the compensation normally paid by PG for similar Material from comparable sources.
4. Any controversy arising out of or in connection with this Agreement, including without limitation any claim that PG has used any legally protectable portion of your Material in violation of the terms hereof, shall be governed by the laws of the State of New York, and the parties hereby consent to the exclusive jurisdiction of the state and federal courts of New York for the resolution of such matters. In the event of such controversy, you agree that you shall assert such claims not later than six (6) months after the date on which you first learned (or reasonably should have been aware) of PG’s use or intended use of any portion of the Material. You further agree that your rights and remedies, if any, shall be limited to an action to recover money damages in an action at law, and without limitation of the foregoing, you expressly agree that you shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising, and/or promotion of any of PG’s programming, promotional or marketing plans, and/or any of the subsidiary rights in connection therewith.
5. You have retained a copy of this Release and of your Material, and you release PG from liability for, loss or damage to the Material. You also acknowledge and agree that PG is not obligated to return your Material to you. PG’s review of your Material constitutes PG’s acceptance of the terms and conditions set forth herein, and PG shall have relied upon your agreement herein in considering your Material for review. PG agrees to use reasonable efforts to keep all the Material confidential.
6. This Submission Release constitutes our entire understanding and agreement, and supersedes all prior understandings, whether written or oral. Any subsequent modification or waiver of this Submission Release must be in writing, signed by both of us. The invalidity of any provision hereof is not to affect the remaining provisions.
7. You are executing this release voluntarily, without coercion or undue influence from any source, and do so with complete understanding of all of its terms and effects, and every portion thereof. You acknowledge that you have had an opportunity to review this Release with the attorney of your choice (and if you received this Release during a face-to-face meeting, you can elect to reschedule such meeting for a time after you have had the opportunity to have the Release so reviewed). By signing this Release, you acknowledge that you have either consulted an attorney or have waived your right to do so.
8. As used in this Release, the terms “you” and “your” includes and binds the undersigned and any and all legal representatives of the undersigned. As used in this release, the terms “PG” and “we” includes and inures to the benefit of Paramount Global, and its successors, assigns, employees, officers, directors, licensees, and associated companies and individuals.
Sincerely,
Paramount Global
PARAMOUNT GLOBAL POLICY CONCERNING SUBMISSION OF IDEAS AND OTHER MATERIALS
Paramount Global wishes to acquaint all those who have been kind enough to submit materials, including ideas, proposals, marketing or promotional plans, program formats, literary material, video and musical compositions, with the problem that faces us in reviewing, investigating, inspecting and evaluating these materials.
Much of the material that is now being submitted embodies materials, suggestions or ideas substantially similar or identical to those which have been developed by our staff or which have been submitted by others. Further, we may begin using material similar or identical to yours which we received after the date of your submission. Accordingly, we feel that we can receive and review materials only if it is left up to us to determine whether we have in fact used these ideas and to decide what compensation should be paid in event of use.
Because of this, it is our policy to require the agreement to the above release before considering any material, ideas, proposals, marketing or promotional plans, program formats, literary material, videos and musical compositions.