Waiver of Liability, and Confidentiality Agreement
Agreement to not sue, and Hold Harmless Indemnification Agreement
I understand this is a legal document relating to joining Twenty 2 Bridges and by marking the box, I hereby unconditionally release and forever discharge Twenty 2 Bridges, directors of Twenty 2 Bridges and entities and employees, contractors, partners, representatives or affiliates related in any way to Twenty 2 Bridges from any and all actions, liabilities, damages, losses, costs, expenses, claims or demands, including without limitation those based on negligence, gross negligence, and/or liability, breach of contract or breach of any statutory agreement or other duty of care that I or my next of kin, spouse, representatives, agents or executors or any affiliate to me in their individual or corporate capacity, release Twenty 2 Bridges from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known and unknown that I have or ever had or may have in the future.
I understand that I can be released from Twenty 2 Bridges at any stage, without a period of notice, and can not discuss any projects, members details and confidential information, company or individual financials, company structure, or any details relating to the company or its members to any third party without direct written consent from Twenty 2 Bridges for a period of perpetuity.
I understand that any documentation and/or artwork, downloaded and/or received via digital means is to remain the property of Twenty 2 Bridges and/or The Owner, and should remain confidential for perpetuity. Should I share any confidential information, whilst being a member or non-member, without direct written permission of Twenty 2 Bridges, I may be liable for any breach of confidentiality and removed from Twenty 2 Bridges. I understand that I have no legal right or position to be pitching, adapting or rewriting any material and/or projects received by Twenty 2 Bridges.
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Twenty 2 Bridges (the Company) would like to thank you (the Owner) for your interest in submitting a piece of scripted literary material (the Screenplay). We invite you to review our submission policy and procedures below. Please be aware that the Company will only accept and consider material if their Owner(s) agrees to the policies set forth and outlined below.
Full Copyright / Ownership of the Screenplay, Treatment, or Scripted Material
The Company will only accept material submitted in electronic PDF form uploaded to www.twenty2bridges.com. Your submission will only be considered at your request, accompanied by acceptance of the release form, with your guarantee that you (and your co-writers / owners if applicable) are the sole originator(s) of the scripted material and you have the legal right to submit it to the Company for consideration with no current option in place.
Disclosure of Scripted Material is Not Confidential
You authorise the Company to discuss your Screenplay with its employees and collaborators to evaluate its overall production potential. You furthermore acknowledge and understand that any consideration and discussion of your submission does not constitute or create a binding and confidential relationship.
Submission Without Compensation
Review of your Screenplay does not imply that the Company agrees to option or package your material in any way. However, should the Company choose to explore the use of your Screenplay or any portion thereof that is legally protectable, the Company will enter into negotiations with you to do so.
Submission Without Prejudice
The Company’s consideration of the screenplay you submit, or negotiations to option said material, does not waive our right to research and confirm / contest your copyrights, trademarks, and intellectual property rights.
Conception by the Company
The Company may already be exploring films and ideas generated by employees or other outside sources that resemble your submission. In certain cases the Company may have considered your ideas in the past, or similar or identical ideas that may have been generated independently. Therefore, you agree to renounce any claim that the Company misappropriated any ideas or portions of your submission in any future Company productions.
You acknowledge that you are at least 18 years of age and hereby agree that above conditions may not be changed or waived except in writing and must be signed by an officer of the Company.
The material is submitted on the following conditions:
THIS SUBMISSION AGREEMENT (the “Agreement”) is entered between
(1) TWENTY 2 BRIDGES (“THE COMPANY”) with an ABN of 50 458 217 935 and with
a business address of 12 Vine Way, Greenbank, QLD 4124, Australia and
1. Ownership
Clause 1.1 The ‘Owner” acknowledges that because of the “Company’s” position in the entertainment industry, the “Company” receives numerous submissions of ideas, formats, stories, suggestions and the like and that many such submissions received by the ‘’Company” are similar to or identical to those developed by the “Owner” or your employees or otherwise available to the ‘’Company”. The “Owner” agrees that they will not be entitled to any compensation because of the use by the “Company” of any such similar idea or material.
1.2 The “Owner” further understands that the “Company” would refuse to accept and evaluate said material in the absence of acceptance of each and all of the provisions of this agreement. The “Company” shall retain all rights to submit this or similar material to persons other than you. The “Owner” acknowledges that no fiduciary or confidential relationship now exists between the “Owner and the “Company”, and the “Owner” further acknowledges that no such relationships are established between the “Owner” and the “Company” by reason of this agreement or by reason of your submission to the “Company” of said material.
1.3. The “Owner” requests that the “Company” reads and evaluates said material to decide whether the “Company” will undertake efforts to option or package said material.
2. Liability Release
Clause 2.1 The “Owner” represents and warrants that they are the author of said material, having written or acquired said material as the employer-for-hire of all writers thereof; that the “Owner” is the present and sole owner of all right, title and interest in and to said material; that the “Owner” has the exclusive, unconditional right and authority to submit and / or convey said material to the “Company” upon the terms and conditions set forth herein; that no third party is entitled to any payment or other consideration as a condition of the exploitation of said material. If the material is co-owned, all co-writers / owners must be aware of this agreement under the responsibility of “Owner” to inform and advise all parties. “Company” holds no liability should “Owner” be negligent in this obligation.
2.2 The “Owner” agrees to indemnify the “Company” from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable lawyer fees and punitive damages) that may be asserted against the “Owner” or incurred by the “Owner” at any time in connection with said material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by the “Owner” herein.
2.3 The “Owner” may use without any obligation or payment to any of said material which is not protectable as literary property under the laws of plagiarism, or which a third person would be free to use if the material had not been submitted to them or had not been the subject of any agreement with them, or which is in the public domain. Any of said material which in accordance with the preceding sentence, the “Owner” is entitled to use without obligation, is hereinafter referred to as “unprotected material.”
2.4. In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which they may otherwise have or be entitled to under Australian laws to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes.
2.5 The “Owner” has retained at least one copy of said material, and releases the “Company” from any and all liability for loss or other damage to the copies of said material submitted to you hereunder.
3. Agreements
Clause 3.1 Either party to this agreement may assign or licence its or their rights hereunder, but such assignment or licence shall not relieve such party of its or their obligations hereunder. This agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licences, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement.
3.2 The “Owner” hereby acknowledges and agrees that there are no prior or contemporaneous oral agreements in effect between the “Owner” and the “Company” and pertaining to said material, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by the “Owner” of any ideas, formats, plots, characters, or the like). The “Owner” further agrees that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both The “Owner” and the ”Company”, and then both parties rights and obligations shall be only as are expressed in said formal written agreement.
3.3. The “Owner” understands that whenever the word “Owner” used above, it refers to (1) you, (2) any company affiliated with you by way of common stock ownership or otherwise, (3) your subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom you are leasing production facilities, (6) clients of any subsidiary or affiliated company of yours, and (7) the officers, agents, servants, employees, stockholders,clients, successors and assigns of you, and of all such persons, corporations referred to in (1) through (6) hereof.
3.4. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof shall remain in full force and effect.
3.5. This agreement shall be governed by the laws of Australia applicable to agreement executed and to be fully performed therein.
3.6. “The Owner” has read and understands this agreement and no oral representations of any kind have been made to the “Owner” and this agreement states the entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both parties. The “Owner” agrees with the terms and conditions.