This submission agreement (the "Agreement") is a binding agreement between "Some Assembly Required" ("SAR", "we" or "us") and you or, if applicable, the individual, company or other legal entity you represent ("you"). This Agreement sets forth our submission policies for any screenplay, stageplay, video, or other content ("Content") that you submit to SAR using the content submission tool we provide on SomeAssemblyRequiredLA.com or another portal we designate for the purposes of participating in our Draft Night and/or Dare Project.
1. You accept the terms of this Agreement by clicking to confirm acceptance, or by contributing Content to SAR. The Content is submitted by you for review and/or presentation by SAR. You understand that the execution of this release is necessary before SAR will review or present the Content, and you represent and agree that you own or control the Content. As "Creator," you have the full and exclusive right to submit the Content to SAR and no other person or corporation has any right, title or interest in the Content inconsistent with your rights to develop and license the Content. The Content is not defamatory and does not infringe upon or violate the privacy rights, copyrights, trademarks, publicity or other intellectual or proprietary rights of any third party.
2. SAR has not made any promise or representation to you about the Content, and has no obligation to use the Content in any way. There is no agreement, written or oral, express or implied, between you and SAR concerning the Content, other than this release. If engaged by SAR in preproduction, development, or production, you will perform under this Agreement as an independent contractor of SAR bound by the terms of a "Guest Artist." Nothing in this agreement will be deemed to constitute a joint venture or partnership between the parties. Neither party will have the right to bind the other in any manner except those of outlined for Company Members, Associate Members and Guest Artists.
3. SAR will give the Content only the preproduction and development consideration and review that SAR in its sole and absolute discretion determines is appropriate. You grant us the right to review and, together with our subcontractors, annotate your Content in consideration for further preproduction or development.
4. Our rights to retain your Content: You grant us a worldwide, royalty-free, 1-year exclusive right to Produce or Develop content arising from your use of SAR Media and SAR Production services. Unless cancelled by us, the option shall be effective during the period commencing on the date of execution of these Terms of Service, and ending one year later (the “Initial Option Period”). The Initial Option Period may be extended for an additional 3 years with a modification of rights to non-exclusive, on or before the expiration date specified above (the “Second Option Period”).
5. Our right to engage in preproduction: You acknowledge that SAR may, during the option period, undertake production, preproduction, or development activities in connection with Content to be acquired hereunder including, without limitation, the preparation and submission of treatments and/or screenplay based on the Property. SAR shall engage you, as Creator, meaningfully to contribute in any of our production, preproduction or development efforts and we reserve the right to retain your assistance in such undertakings based on this Agreement. In such an arrangement, you will serve as co-producer with SAR.
6. This Agreement and the rights granted hereunder may be assigned by Producer to any other person, firm or corporation (“Third Party”), with consent of the Writer. In the event an option agreement is exercised by a Third Party, all parties intend to enter into a more formal agreement consistent with the terms of this agreement and containing such other terms and conditions as are customary in option agreements in the motion picture and television industry. Thereupon, in determining whether you are awarded sole, shared, or no writing credit for the fully-developed Content, reference shall be made to the principals of the WGA credit arbitration rules. The principles of the WGA credit arbitration rules shall be followed by the parties. In the event of a credit dispute, the arbitrator of such a dispute shall follow the WGA credit rules.
7. SAR may have already and may in the future receive or independently develop materials similar to the Content. SAR has the unrestricted right to use those similar materials, and you will have no right or recourse against SAR for use of these similar materials.
8. SAR may change this Agreement at any time by posting changes online. Your continued use after changes are posted means You agree to be legally bound by this Agreement as updated and/or amended.