NOTICE: Currently we are not accepting any new submissions.
SUBMISSION POLICY AND RELEASE
Submission Policy and Release (the “Agreement”)
Movie City Films (the “Company”) would like to thank you (the “Owner”) for your interest in submitting your literary material (your “Submission”). We invite you to review our submission policy and procedures below. Please be aware that the Company will only accept and consider a Submission if the Owner agrees to the terms and conditions set forth and outlined below, which agreement is indicated by your submission as set out in this Submission Policy and Release (the “Agreement”).
All Submissions must be electronic/digital PDF format and sent to:
Your Submission is Not Confidential and review of your Submission does not imply that the Company agrees to compensate you in any way.
The Submission is submitted based upon the following terms and conditions, to which you, as Owner, agree:
1. Owner acknowledges that because of Company’s position in the entertainment industry, Company receives numerous submissions of ideas, formats, stories, suggestions and the like and that many such submissions received by Company are similar to or identical to those developed by Company or Company employees or otherwise available to Company. Owner agrees that he/she/it will not be entitled to any compensation because of the use by Company of any such similar idea or material.
2. Owner further understands that Company would refuse to accept and evaluate Submission in the absence of Owner’s acceptance of each and all of the provisions of this Agreement. Owner acknowledges that no fiduciary or confidential relationship now exists between Company and Owner, and that no such relationships are established between Company and Owner by reason of this Agreement or by reason of submission to Company.
3. Owner requests that Company read and evaluate Submission to decide whether Company will undertake efforts to acquire it.
4. Owner represents and warrants that he/she/it is the author and owner of all rights in and to the Submission, having create or acquired said Submission as the employer-for-hire of all writers thereof; that Owner is the present and sole owner of all right, title and interest in and to Submission; that Owner has the exclusive, unconditional right and authority to submit and/or convey Submission to Company upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of Company’s use of the Submission.
5. Owner agrees to indemnify Company from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against Company or incurred by Company at any time in connection with the Submission, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by Owner herein.
6. Company may use without any obligation or payment to Owner any of Submission which is not protectable as literary property under the laws of copyright, or which a third person would be free to use if the material had not been submitted to him or had not been the subject of any agreement with him, or which is in the public domain. Any of the Submission which is in accordance with the preceding sentence, Company is entitled to Company use without obligation to Owner, and is hereinafter referred to as “unprotected material.”
7. Company agrees that if it uses or causes to be used any protected material within the Submission that has not been obtained from another source or independently created by Company, Company will pay or cause to be paid to Owner an amount which is comparable to the compensation customarily paid for similar material, which amount will be subject to negotiation as between Company and Owner.
8. Owner agrees to give Company written notice of any claim arising in connection with Submission or arising in connection with this Agreement, within sixty calendar days after Owner acquires knowledge of such claim, or within sixty calendar days after Owner acquires knowledge of facts sufficient to put Owner on notice of any such claim. Owner’s failure to so give Company written notice will be deemed an irrevocable waiver of any rights Owner might otherwise have with respect to such claim.
9. In the event of any dispute concerning Submission or concerning any claim of any kind or nature arising in connection with Submission 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 he, she or it may otherwise have or be entitled to under the laws of the United States and/or the State of Tennessee to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association. The arbitration shall be conducted in the County of Davidson, State of Tennessee, and shall be governed by and subject to the laws of the State of Tennessee and the then prevailing rules of the American Arbitration Association. The arbitrators’ award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.
10. Owner has retained at least one copy of Submission, and releases Company from any and all liability for loss or other damage to the Submission. Company shall not be required to return Submission. Owner grants to Company the right to reproduce and distribute the Submission for evaluation purposes.
11. Either party to this agreement may assign or license its or their rights hereunder, but such assignment or license 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 licenses, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement.
12. Owner hereby acknowledges and agrees that there are no prior or contemporaneous oral agreements in effect between Owner and Company pertaining to Submission, or pertaining to any material (including, but not limited to, agreements pertaining to any ideas, formats, plots, characters, or the like). 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 Company and Owner, and then such rights and obligations shall be only as are expressed in said formal written agreement.
13. Owner understands and agrees that whenever the word Company is used above, it refers to (1) Company, (2) any company affiliated with Company by way of common ownership or otherwise, (3) subsidiaries of Company, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation with whom Company is co-producing, (6) clients of any subsidiary or affiliated company of Company, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of Company, and of all such person, corporations referred to in (1) through (6) hereof. If Submission is submitted by more than one person, the word “Owner” shall be deemed changed to “Owners” and this agreement will be binding jointly and severally upon all the persons so submitting the Submission.
14. Should any provision or part of any provision of this Agreement be void or unenforceable, such provision or part thereof shall be deemed omitted, and this Agreement with such provision or part thereof deleted shall remain in full force and effect.
15. This agreement shall be governed by the laws of the Sate of Tennessee applicable to agreements executed and to be fully performed therein and Owner agrees to the jurisdiction of, and venue in, the courts sitting in Nashville, Tennessee.
16. Owner has read and understands this Agreement 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 Owner and Company.
BY SUBMISSION OF MATERIALS, I, THE OWNER, HEREBY GIVE MY CONSENT TO AND AGREE TO BE BOUND BY THIS AGREEMENT.