Legal Release & Submission Aggreement

 

Submit your ideas

Sidewinder Films, LLC (SWF) welcomes ideas for films, stories, or other creative works (each, an “Idea”) from all sources. To avoid possible misunderstanding, SWF requires everyone who submits an Idea to agree to the terms and conditions of this Legal Release and Submission Agreement (this “Agreement”).

Submissions must be in writing

You agree that SWF’s policy with respect to the unsolicited submission of material and Ideas is to refuse acceptance of or even consider or review such material or Idea unless the person submitting such material has signed an agreement in form substantially the same as this Agreement. Further, please note that (1) SWF will consider your Idea only if you submit it in writing and via the online submission process, (2) any Ideas submitted are done so voluntarily and unsolicited, and (3) SWF would refuse to accept, consider or otherwise review your material in the absence of your acceptance of each and all provisions of this Agreement. You acknowledge that no fiduciary or confidential relationship now exists between you and SWF. You further acknowledge that no such relationships are established between you and SWF by reason of this Agreement or by reason of your submission to SWF of your Idea.

You must be of the age of majority

SWF requires that anyone submitting an Idea must be at least eighteen years old on the date of submission. By submitting an Idea, you represent to SWF that you are eighteen years old or older.

You must own or otherwise have the right to make the submission

SWF respects the copyright, trademark and other intellectual property rights of others, including those who submit Ideas for consideration. Regarding the ownership of Ideas, you agree that:

If trademark, copyright or other legal protection is available for your Idea, it is your responsibility to take the steps required to apply for that protection, prior to submitting your Idea to SWF.
SWF may freely use without obligation to you any Idea (or element of your Idea) that is not protected material or which SWF would be free to use if the Idea had not been submitted to SWF by you, or which is in the public domain, or which was independently conceived by another prior to or after this submission.

More than one person may conceive the same Idea or may conceive an Idea that is similar to an Idea conceived by someone else. To avoid disputes, you should only submit to SWF Ideas that you alone have created, or that you otherwise have the legal right to submit. By your submission to SWF, you warrant that you are the sole author of the Idea submitted and that you have full right to submit it to SWF upon the terms and conditions stated herein. You will indemnify SWF from and against any and all claims, expenses, losses or liabilities (including reasonable attorneys’ fees) that may be asserted against SWF or incurred by SWF, at any time, in connection with submitted material or any use thereof, arising from any breach or alleged breach of your warranties.

Sidewinder will have no obligation to you without a separate agreement

You understand that this Agreement merely governs your submission to SWF and, therefore, SWF is under no obligation to you for any Idea you submit, including any obligation to compensate you for it or to keep it confidential. If SWF wishes to use your Idea, and if your Idea is legally protectable, SWF may contact you to discuss entering into a separate agreement that would clarify your and SWF’s obligations to each other.

Sidewinder will not be prejudiced by your submission

Your submission of an Idea, SWF’s review of it, and/or SWF’s offer to negotiate with you is not an admission by SWF of novelty, priority, or originality and does not waive SWF’s right to contest the validity of any copyright, trademark or other intellectual property right in or associated with your Idea.
Sidewinder may have similar projects or similar submissions.

You acknowledge that because of SWF’s position in the entertainment industry SWF receives numerous unsolicited submissions of ideas, formats, stories, suggestions and the like, and that many such submissions and ideas heretofore or hereafter received by SWF may be similar or identical to your Idea or other ideas developed by you or by SWF or to those otherwise available to SWF. You agree that you will not be entitled to any compensation because of the use of any such similar material or Idea which may have been independently created by SWF or may have come to SWF from any other independent source.

Sidewinder will not return submitted materials

SWF does not return submitted materials. You should keep a duplicate of any material submitted, as well as a copy of this Agreement. By this submission, you agree that you have retained a copy of such material, and that you release SWF (and each of SWF’s owners, directors, members, officers, employees and other representatives) from any liability for loss or other damage to the copy or copies submitted by you. You understand that in the unlikely event that SWF does return the material to you, such return of said Idea shall not terminate or affect any rights or obligations under this Agreement.

 
 

Form of Acceptance of this Agreement

You may indicate acceptance of the terms and conditions of this Agreement only by so indicating on this web site created by or on behalf of SWF.

 

  • This Agreement will last ten years
  • This Agreement shall apply to the Idea and any further ideas submitted by you to SWF for a period of ten (10) years.
  • This Agreement may not be modified orally

 

Neither this Agreement nor any of its terms may be modified or waived except in writing by both you and a representative of SWF authorized to agree to any such changes. SWF will not accept an altered copy of this Agreement. Any provision or part of any provision which is deemed void or unenforceable by law shall be deemed omitted, and this Agreement with such provision or part thereof omitted shall remain in full force and effect. This Agreement shall at all times be construed so as to carry out the purposes stated herein.

Sidewinder Films may assign this Agreement

SWF and SWF’s assignees may assign their rights under this Agreement, in whole or in part, in any manner and to any person, corporation or entity that SWF shall determine, but such assignment or license shall not relieve SWF of its obligations hereunder.

Sidewinder Films and you will submit disputes to arbitration in Los Angeles

Any dispute concerning your Idea or this Agreement, including, without limitation, the validity or effect of this Agreement, or any alleged improper use by SWF of such Idea, or the reasonable value of such Idea, shall be submitted to arbitration in Los Angeles, California in accordance with the rules and regulations of JAMS and shall be heard before a single arbitrator, selected pursuant to such rules and regulations. Both parties consent to the exclusive jurisdiction of JAMS arbitration and the venue of Los Angeles and agree not to initiate any action against the other elsewhere. The sole arbitrator shall be a lawyer with at least ten years’ experience in the filmed entertainment business in Los Angeles or a retired judge. The proceedings of the arbitration shall be closed to the public and confidential. The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and shall be final and binding. Judgment upon the award of the arbitrator may be enforced in any court of competent jurisdiction.

Your sole remedy, if any, will be money damages

In the event of any dispute concerning your Idea or this Agreement, your sole remedy shall be to seek money damages, and in no event shall you be entitled to seek injunctive or other equitable relief or undertake any legal efforts to restrict SWF’s rights under this Agreement. Each party shall be responsible for and pay their own attorneys’ fees and all other costs associated with any legal proceeding under this Agreement.

This Agreement will apply to all persons submitting an “Idea”

If the Idea is submitted by more than one person, this Agreement will be binding jointly and severally upon all such persons.

You are encouraged to consult with an attorney about this Agreement

This Agreement is a binding legal instrument and you should consult with an attorney experienced in the entertainment industry prior to making your submission. By making this submission, you hereby represent to SWF that: (a) you have read and fully understand this Agreement; (b) no oral representations of any kind have been made to you; (c) there are no prior of contemporaneous oral agreements in effect between you and SWF pertaining to the Idea; and (d) this Agreement states the entire understanding of you and SWF pertaining to the submission of your idea. In addition, you hereby warrant and represent that you have consulted with an attorney (or voluntarily declined to seek such) prior to signing this Agreement and understand that by signing this release, you are giving up any and all legal claims in connection with your submission. This Agreement is exercised voluntarily and without any duress or undue influence. You further acknowledge that you do so knowingly, willingly and voluntarily.