EMF SUBMISSION RELEASE

In consideration of Environmental Media Fund, Inc., its subsidiary and affiliated companies and their respective employees, officers, directors, shareholders, successors, assigns, agents and representatives, and any and all heirs, successors, representatives, licensees, and assign, (“EMF”) potential review of my submission, I am hereby submitting to EMF the following concepts, story ideas, footage, images, outlines, treatments, synopsis or other materials (“Materials”) regarding my project for evaluation on the terms set forth below:

1.         I understand that EMF will be evaluating the Materials as a basis for potential involvement and / or assistance in a production relating thereto. I further understand that you have adopted the policy of refusing the submission of creative materials for evaluation unless the submitter agrees to an agreement defining the conditions of such a submission. I am submitting my Materials with the express understanding that EMF will evaluate the Materials solely and completely in reliance upon this terms, covenants, warranties and releases herein. I specifically acknowledge that EMF would refuse to consider evaluating my Materials in the absence of my acceptance of these provisions and further acknowledge that no confidential or fiduciary relationship is established by my submission of the Materials to EMF or EMF’s acceptance and evaluation of same.

2.         I warrant and represent that (i) I am the sole copyright owner of the Materials and all elements thereof, (ii) the Materials do not violate any copyright, proprietary rights or other rights of any person or entity, and (iii) no third party has any rights, title or interest therein or thereto. I agree to indemnify you and hold you harmless from and against all loss, liability, damage and expense (including reasonable attorneys’ fees) arising from any and all claims, demands, actions or suits relating to my submission of the Materials to you.

3.         I understand that EMF is not obligated and shall not become obligated to pay anything to me or any other person, firm or corporation in connection with the Materials being submitted unless we hereafter enter into a written agreement which expressly provides otherwise.

4.         I understand and acknowledge that EMF and its clients, associates and affiliated organizations (“Clients”) are engaged in film and video productions and that EMF and its Clients may now or in the past or in the future develop or have developed or are developing or otherwise may be involved with projects that are similar to the Materials with respect to genre, concept, story line, plot, elements, characters, dialog and/or other aspects. I further understand and agree that your or your Clients’ use of material containing elements similar to or identical with the Materials shall not obligate you or your Clients to me in any manner unless the Materials are re-used and infringed by identical or virtually identical copying.  I hereby forever and irrevocably waive and release EMF and its Clients from any and all claims, known or unknown, relating to the Materials in the nature of unfair competition, breach of contract, breach of implied contract, so-called “moral rights” or on any other legal theory whatsoever including without limitation copyright infringement except for claims of infringement based on unauthorized re-use in the form of identical or virtually identical copying of the Materials or Materials are re-used and infringed by identical or virtually identical copying of protectable subject matter.  I expressly waive any rights under the provisions of California Civil Code Section 1542, or any similar law, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby acknowledge and agree that there are no agreements or understandings relating to the Materials except as expressly set forth herein.

5.         I have retained at least one copy of the Materials, and I hereby release you and your Client of all liability for loss, of, or damage to, the copy or copies of said Materials provided to you.  

6.         The terms stated herein shall inure to the benefit of, and be binding upon, each of us and our respective heirs, successors, representatives, assigns and licensees, and EMF’s Clients are a third-party beneficiary. I hereby state that I have read and understand the terms set forth herein, that no oral representations of any kind have been made to me. Should any provision or part of any provision herein be found to be void or unenforceable, such provision or part thereof shall be deemed omitted, and replaced by a legal provision which most closely reflects the parties’ intent as expressed herein. As so modified, these terms shall remain in full force and effect, and shall be construed according to the internal substantive laws of the State of California without reference to conflicts of law provisions.

7.         If more than one party signs as submitter, the reference to “I” or “me” shall apply to each such party, jointly and severally. All reference to “you” or “EMF” herein shall refer to Environmental Media Fund, Inc. as defined herein.

8.         Arbitration: In the event of any controversy, claim, or dispute, or the alleged breach thereof, the parties agree to attempt to resolve the matter themselves in an amicable manner. Failing such resolution, any dispute under this Agreement shall be resolved by final and binding arbitration in accordance with the rules of JAMS.  Any award or order made in any such arbitration may be entered in a court of competent jurisdiction. Any dispute, and the resolution thereof in any manner, shall be and remain confidential. The prevailing party shall, in addition to any other relief, be entitled to recover its reasonable attorneys' fees and costs of sustaining its position. The arbitration shall be conducted in the County of Marin, State of California. If either party shall fail to appear at the hearing on the date designated, or shall otherwise fail to participate in the arbitration proceedings, then the arbitrators or arbitrator, as the case may be, are empowered to proceed ex pane.

BACK TO OVERVIEW