The Material is submitted on the following terms and conditions
IF YOUR SUBMISSION IS WRITTEN
1. I acknowledge that because of your position in the entertainment industry you receive numerous unsolicited submissions of ideas, formats, stories, suggestions and the like, and that many such submissions heretofore or hereafter received by you are similar to or identical to those developed by you or your employees or otherwise available to you. I understand that I will not be entitled to any compensation because of the use by you of any such similar or identical material. I further understand that you would refuse to accept or otherwise evaluate the Material in the absence of my acceptance of each and all of the provisions of this agreement. I shall retain all rights to submit this or similar material to persons other than you. I acknowledge that no fiduciary or confidential relationship now exists between you and me, and I further acknowledge that no such relationships are established between you and me by reason of this agreement or by reason of my submission to you of the Material.
2 I represent and warrant that I am the author of the Material; that I am the present and sole owner of all right, title and interest in and to the Material; that I have the exclusive, unconditional right and authority to submit andor convey the Material to you 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 the Material; and that all of important features of the Material are summarized herein. I will indemnify you from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees) that may be asserted against you or incurred by you at any time in connection with the Material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.
3 You may use without any obligation whatsoever to me and without any payment to me, any of the Material which is not concrete, or 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 him or had not been the subject of any agreement with him, or which is in the public domain. Any of the Material which, in accordance with the preceding sentence, you are entitled to use without obligation to me is hereinafter referred to as unprotected material." If all or any part of the Material does not fall in the category of unprotected material and if it has not been independently created by or come from you or any client of yours or an independent source, such part, if any, is hereinafter referred to as "protected material."
4 You agree that if you use or cause to be used any protected material provided it has not been obtained from, or independently created by, another source, you will pay or cause to be paid to me an amount which is comparable to the compensation normally paid for similar material or an amount equal to the fair market value thereof as of the date of this agreement, with such amount to be negotiated in good faith.
5 In the event of any dispute concerning the Material or concerning any claim of any kind or nature whatsoever, arising in connection with the Material or arising in connection with this agreement, such dispute will be submitted to arbitration. 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 Arbitration Act. The arbitration shall be conducted in Toronto, Ontario, and shall be governed by and subject to the laws of the Province of Ontario. The arbitration shall employ a single arbitrator experienced in the motion picture industry. The arbitrators' award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.
6 I have retained at least one copy of the Material, and I release you from any and all liability for loss or other damage to the copies of the Material submitted to you hereunder.
7 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 licensees, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this agreement.
8 This agreement shall be governed by the laws of the Province of Ontario applicable to agreements executed and to be fully performed therein.
I hereby state that I have read and understand this agreement and that no oral representations of any kind have been made to me and that this agreement states our 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 of us.
IF YOUR SUBMISSION IS A SIZZLE REEL
I, the undersigned, have agreed to submit a link to a previously recorded video (“Video”); and whereas, I understand that in the Video, my voice, name, and image (and the voices, names and images of others) has been recorded by various mechanical and electrical means of all descriptions (such recordings, any piece thereof, the contents therein and all reproductions thereof, along with the utilization of my name, shall be collectively referred to herein as the "Released Subject Matter").
Breakthrough Entertainment (“Producer”) and its agents or assigns or anyone authorized by the Producer, may determine, in its absolute discretion, whether or not to consider the Released Subject Matter. I irrevocably and in perpetuity grants the Producer, without compensation, the right to use the Released Subject Matter, in whole or in part, in any way, including without limitation, to reproduce, make derivatives, edit, modify, translate, distribute, transmit, publish, license and broadcast the Released Subject Matter worldwide, by any means.
All elements of the Released Subject Matter are wholly original to me and owned andor controlled by me, and do not violate or infringe upon any rights of any other person or entity including without limitation any trademark, trade name, copyright (i.e. by including existing music, logos, trademarks, insignia, vocals/lyrics of any song; content from films, books, television programming, etc.; or identifying descriptions of any media property), right of privacy andor publicity or personality.
I hereby waive to the fullest extent that I may lawfully do so, any causes of action in law or equity I may have or may hereafter acquire against Producer for breach of contract, libel, slander, invasion of privacy, copyright or trademark violation, right of publicity or for any other injury or damage, in law or equity, arising out of or in connection with the utilization by Producer of the Released Subject Matter. I agree to indemnify, defend, and hold harmless Producer and its agents, employees and representatives from any and all liability and injury (including reasonable fees and costs incurred in defending claims) arising from, or in connection with claims arising from the above.
I know and agree that I am not being compensated in any way by the Producer in connection with any and all usages of the Released Subject Matter. I expressly stipulate that Producer may utilize the Released Subject Matter or not, as it chooses in its sole discretion, without affecting the validity of this Release. This Release shall be governed by and construed in accordance with the laws of Alberta.