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Please
print out form and fax with your
submission to 310-280-3807. Thanks!
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SUBMISSION
RELEASE
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Dear Sir/Madam,
You have indicated that you wish
to submit to RUBICON 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 RUBICON policy
concerning the acceptance of the
material, for review, and you also
accept the terms of this letter.
The Material should be summarized
on the attached Schedule A and resubmitted
with this letter.
The
following shall constitute our agreement
with respect to the material:
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1.
In consideration of your agreement
to the terms and conditions set
forth below, RUBICON agrees to
cause its appropriate employee
having the duty of evaluating
Material of the type now being
submitted by you to review the
material.
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2.
You acknowledge that there does
not exist, a fiduciary relationship
between you and RUBICON. You requested
this opportunity to submit your
Material to RUBICON and you make
this submission voluntarily and
on an unsolicited basis. You and
RUBICON 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
, RUBICON unless and until a formal
written contract has been entered
into between you and RUBICON,
and then the obligation shall
be only as is expressed in the
formal written contract.
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3.
You declare that all of the important
features of your Material, and
the particular items submitted
by you (e.g., script, outline,
drawings, photographs, taped materials,
etc.) are summarized on schedule
A annexed to this letter, and
you have disclosed no other features
to RUBICON.
You acknowledge that this release
covers and governs any and all
of the Material, whether first
submitted to RUBICON contemporaneously
with, or prior to, or following,
the execution of this release,
and applies also to any submission
of the material made to RUBICON
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 Materials have been previously
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 RUBICON will accept your
offer to submit your Materials
to RUBICON, that RUBICON regards
your Material, or any part thereof,
as novel, valuable or usable.
You recognize that other persons
including RUBICON employees may
have submitted to RUBICON or to
others or made public, or may
hereafter originate and submit
or make public, similar or identical
Material which RUBICON shall have
the right to use, and you understand
that you will not be entitled
to any compensation because off
RUBICON'S use of such other similar
or identical material. Subject
to the foregoing provisions, RUBICON
will not make any use of any legally
protectable portion of your material
unless you and RUBICON 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
RUBICON for similar material from
comparable sources.
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4.
Any controversy arising out of
or in connection with this agreement,
including without limitation any
claim that RUBICON has used any
legally protectable portion of
your material in violation of
the terms thereof, shall be goverened
by the laws of the state of California,
and the parties consent to the
jurisdiction of the state and
federal courts of California 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 RUBICON'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 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 RUBICON's
programming , promotional or marketing
plans, and/or any of the subsidiary
rights in connection therewith.
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5.
You have retained a copy of this
release and of your material ,
and you release RUBICON from liability
for loss or damage to the material.
You also acknowledge and agree
that RUBICON is not obligated
to return your material to you.
RUBICON's review of your material
constitutes RUBICON's acceptance
of the terms and conditions set
forth herein , and RUBICON shall
have relied upon your agreement
herein in considering your material
for review. RUBICON agrees to
use reasonable efforts to keep
all the material confidential.
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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.
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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.
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8.
As used in this release, the terms
"you" and "you"
includes and binds the undersigned
and any and all legal representatives
of the undersigned. As used in
this release, the term "RUBICON"
and "w" includes and
inures to the benefit of RUBICON
and their succesors, assigns,
employees, officers, directors,
licensees, and associated companies
and individuals.
(NOTE: write a summary of the
material in the annexed schedule
A.)
Sincerely,
RUBICON ENTERTAINMENT, LLC
ACCEPTED AND AGREED TO:
By: __________________________________
Print Name: __________________________________
Address: __________________________________
Date: __________________________________
RUBICON ENTERTAINMENT, LLC
SCHEDULE A
SUBMISSION DESCRIPTION
____________________________
TITLE:
NAME OF SUBMITTER: ___________________________________
FORM OF MATERIAL: ___________________________________
SYNOPSIS __________ SCRIPT __________
VIDEO CASSETTE- __________ DVD __________
TREATMENT __________ FILM __________OTHER
_________________________
Brief summary of content: ____________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Copyright information (if applicable)
___________________________________________
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