Submission Release Form
You have indicated that you wish to submit to Marabella Productions, LLC 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 Marabella Productions, LLC policy concerning the acceptance of the Material, for review, and you also accept the items 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 agreement.
The following shall constitute our agreement with respect to the Material:
- In consideration of your agreement to the terms and conditions set forth below, Marabella Productions, LLC shall have the right to cause its appropriate employee having the duty of evaluating material of the type now being submitted by you to review your Material
- You acknowledge that there does not now exist, nor will there exist, a fiduciary relationship between you and Marabella Productions, LLC concerning this material. You requested this opportunity to submit your Material to Marabella Productions, LLC and you make this submission voluntarily and on an unsolicited basis. You and Marabella Productions, LLC have 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, Marabella Productions, LLC unless and until a formal written contract has been entered into between you and Marabella Productions, LLC, and then the obligations shall be only as is expressed in the formal written contract.
- 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 an attachment or in the body of your e-mail which will be annexed to this Agreement, and you have disclosed no other features to Marabella Productions, LLC.You acknowledge that this Release covers and governs any and all of the Material, whether first submitted to Marabella Productions, LLC contemporaneously with, or prior to, or following, the execution of the Release, and applies also to any submission of the Material made to Marabella Productions, LLC 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 Marabella Productions, LLC will accept your offer to submit your Material, that Marabella Productions, LLC regards your Material, or any part thereof, as novel, valuable or usable. You recognize that other persons including Marabella Productions, LLC employees may have submitted to Marabella Productions, LLC or to others or made public, or may hereafter originate and submit or make public, similar or identical material which Marabella Productions, LLC shall have the right to use, and you understand that you will not be entitled to any compensation because of Marabella Productions, LLC’s use of such other similar or identical material. Subject to the foregoing provisions, Marabella Productions, LLC will not make any use of any legally protectable portion of your Material unless you and Marabella Productions, LLC 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 Marabella Productions, LLC for similar Material from comparable sources.
- Any controversy arising out of or in connection with this Agreement, including without limitation any claim that Marabella Productions, LLC 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 consent to the 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 Marabella Productions, LLC’s use or intended use of any portion of the Material. You further agree than 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 Marabella Productions, LLC’s programming, promotional or marketing plans, and/or of the subsidiary rights in connection therewith.
- You have retained a copy of this Release and of your Material, and you release Marabella Productions, LLC from liability for loss of, or damage to, the Material. You also acknowledge and agree that Marabella Productions, LLC is not obligated to return your Material to you. Marabella Productions, LLC’s review of your Material constitutes Marabella Productions, LLC’s acceptance of the terms and conditions set forth herein, and Marabella Productions, LLC shall have relied upon your agreement herein in considering your Material for review. Marabella Productions, LLC agrees to use reasonable efforts to keep all the Material confidential.
- This Release constitutes our entire understanding and agreement, and supersedes all prior understandings, whether written or oral. Any subsequent modification or waiver of this Release must be in writing, signed by both of us. The invalidity of any provision hereof is not to affect the remaining provisions.You are executing this Release voluntarily, without coercion or undue influence from any source, and do so with complete understanding of all its terms and effects, and every portion thereof.
- As used in the Release, the terms “you” and “your” include and bind the undersigned and any and all legal representatives of the undersigned releasor. As used in this release, the terms “Marabella Productions, LLC” and “we” includes and inures to the benefit of Courtroom Television Network and its successors, assigns, employees, officers, directors, licensees, and associated companies and individuals.