You must agree to our terms before sending sumbmission.
Thank you for your interest in submitting material, which may include basic or detailed ideas, program formats, storylines, literary material, musical material, audio, video and film works, titles and performances, for our use. Because we receive many submissions that are similar to other ideas already under consideration, it is our policy to decline to consider any material unless the person submitting it has completed and signed this agreement. Please complete and sign this agreement in the spaces provided, return the original to us, and retain a copy for your records.
In accordance with Sobe Brooke Studios, LLC’s (“Sobe”) policy concerning submission of ideas and other material, I am today voluntarily submitting to Sobe and any entity which may produce programming for Sobe (collectively "you”) my material as described in Exhibit A of this agreement (the “Agreement”) attached hereto and any other material I may submit to you (collectively, the "Submitted Material"), subject to the following terms:
1. I acknowledge that I am submitting the Submitted Material voluntarily, on an unsolicited basis, and not in confidence, and that no confidential, fiduciary or any other relationship whatsoever is intended or created between you and I by the submission of the Submitted Material. Nothing in this Agreement, nor the submission of the Submitted Material, shall be deemed to place you or your employees in any different position from any other member of the public with respect to the Submitted Material. Accordingly, you or your employees may use any part of the Submitted Material that any member of the public freely could use without liability to me.
2. I declare that all of the important features and elements of the Submitted Material are summarized in Exhibit A of this agreement and any of its attachments or enclosures, and that I have disclosed no other features or elements to you. I warrant that I have originally created the Submitted Material and that the Submitted Material is free from all claims or encumbrances and that, to my knowledge, no one else has any right to it. I believe the Submitted Material and its features and elements to be unique and novel. H owever, I recognize that other persons, including your own employees, may have submitted to you or others, or made public, or may in the future create and submit, or make public, similar or identical material that you may have the right to use, and I understand that I will not be entitled to any compensation because of your use of other similar or identical material. I understand and agree that your use of material containing, features or elements similar or identical to those contained in the Submitted Material will not obligate you to negotiate with me or entitle me to any compensation if you have an independent legal right to use that other material (for example, because the features or elements are not new or novel, were not originated by me, or were or may hereafter be independently created and submitted by other persons, including your employees). Any portion of the Submitted Material that, i n accordance with the preceding sentence and Paragraph 1 above, you are entitled to use without obligation to me is referred to herein as "Unprotected Material.” Any portion of the Submitted Material that does not constitute Unprotected Material is referred to herein as "Protected Material.”
If you want to use any Protected Material, you agree to provide me with compensation to be set forth in a separate written agreement, which then will be the only contract between us with regard to this subject matter
4. I expressly waive any claim for express or implied breach of contract with respect to the Submitted Material, and I expressly waive any other claim of any kind or nature whatsoever with respect to any Unprotected Material. I hereby release, discharge, and hold you harmless from any and all such claims, whether at law or in equity. I agree that I must give you written notice by certified or registered mail to the Sobe address listed above, of any claim arising in connection with the Submitted Material or in connection with this Agreement. I agree to provide that notice within 30 calendar days after I acquire knowledge of the claim. Notwithstanding the foregoing, I must commence a formal arbitration proceeding pursuant to Paragraph 5 below within six months after the date of your alleged first use of the Submitted Material; my failure to do so within that six-month period shall be deemed an irrevocable waiver of any rights Imight have with respect to any claim against you.
5. This Agreement shall be interpreted under the laws of the State of Florida without regard to the conflicts of law provisions thereof. Except to extent prohibited by any applicable collective bargaining agreement, any controversy arising between us as to the Submitted Material, or otherwise relating to this Agreement, shall be condusively determined by arbitration as provided by Florida law and the rules of JAMS, and our arbitrator will be an attorney who is licensed to practice law in Florida or a retired judge and mutually selected by us. If we cannot agree on an arbitrator within the time limits set by the rules of JAMS, we shall accept any attorney who is licensed to practice law in Florida or any retired judge qesignated by JAMS. The arbitrator shall agree to arbitrate the controversy in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or any subsequent versions in effect at the time the arbitration is commenced. The arbitrator's decision and authority shall be controlled by the terms of this Agreement. I understand that my sole remedy in any arbitration or any other proceeding relating to this Agreement or the Submitted Material is money damages; in particular, I expressly waive the right to seek any other relief at law or equity (induding, without limitation, injunctive relief) with respect to the Submitted Material or this Agreement. Judgment upon an arbitration award may be entered in any court having jurisdiction. I may only commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, I understand and acknowledge that the entity to which I am providing the Submitted Materials may not be a signatory to the Writers Guild of America Theatrical and Television Basic Agreement.
6. I have retained a copy of the Submitted Material, and I release you from liability for loss of or damage to the Submitted Material.
7. I acknowledge and agree that if I reference or include a link to my website(s) or my social media profiles or platforms in or in connection with the Submitted Material, all of the material on such website(s) and social media profiles and platforms will be considered Submitted Material for the purposes of this Agreement and will be governed by the terms and conditions of this Agreement.
8. This Agreement constitutes our entire understanding with respect to its subject matter and no oral representations of any kind have been made to me. Any modification must be in writing, signed by both of us. The invalidity of any provision will not affect the remaining provisions. This Agreement applies equally to any other material that I may submit to you, unless agreed in writing to the contrary at the time of the submission.
9. No termination of this Agreement, and no acts with respect to the Submitted Material (such as your returning it to me) will be deemed to affect our respective rights under this Agreement (induding those as to amount of compensation, agreement to arbitrate, and time for bringing any action), and all rights will survive any termination or acts.