SUBMISSION RELEASE AGREEMENT

Individual—Unrepresented

SECTION 1
This Submission Release Agreement (referred to hereinafter as the “Release”) is by and between
___________________________________________________________________ (“Creator”),
acting as an individual and on his/her own behalf; and Incandescent Works and any of its
licensees and assigns and each of their respective officers, directors, principals, stockholders,
employees, agents, parents, subsidiaries, successors, and related companies ("Producer”).
By submitting to Producer this completed Release and any accompanying documents, Creator
identifies and describes his/her original idea and potential opportunities for its commercial
exploitation (“Proposal”); Creator also requests that Producer evaluate Proposal for the purpose
of determining whether Producer, at Producer’s discretion and in Producer’s sole judgment, may
join with Creator in a business relationship, the terms of which would be defined at a later date,
for the purpose of exploiting Proposal in any medium, whether now known or hereafter invented.

SECTION 2
Creator summarizes Proposal as follows:
Title _______________________________________________________________________

Author(s), Including Creator _____________________________________________________

_____________________________________________________________________________

If Adaptation or Derivation, Title of Original Work ___________________________________

Genre _________________________ Series or Single Work? _________________

Registration: Source (WGA, etc) _____________________ Number ___________

If any company or individual other than the Author(s) paid or otherwise arranged for, financed or
supervised the development or creation of any part of Proposal, identify the company(ies) or
individual(s), the nature of their involvement with Proposal, and the beginning and ending dates
of their involvement. Also indicate any involvement that continues as of the date of this Release:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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Synopsis (including format, theme, story, characters, visual and production elements):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

List any Above-The-Line personnel (Actors, Hosts, Personalities; Writers; Directors; Producers
other than Creator and Authors listed above) attached, formally or informally, to Proposal.
Indicate job description and whether attachment is contractual or informal:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Target audience ____________________________________________________________

Extraordinary production challenges ________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Element that makes Proposal unique and/or unprecedented ______________________________

______________________________________________________________________________

List any audiovisual material submitted as part of Proposal ______________________________

______________________________________________________________________________

______________________________________________________________________________

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SECTION 3
Creator and Producer agree that Creator submits Proposal, and Producer evaluates Proposal,
under the following terms and conditions:
1 Creator acknowledges that in the absence of Creator’s acceptance of each and all of the provisions of this
Release, Producer would refuse to accept and evaluate Proposal.
2 Creator acknowledges that no agency, partnership, joint venture, fiduciary or commercial relationship now
exists between Creator and Producer, and that no such relationship is established by this Release or by
Creator’s submission of Proposal to Producer.
3 Creator acknowledges that Producer’s day-to-day operations and longtime participation in the journalism,
entertainment, broadcasting, communications, internet and media industries has, from time to time,
prompted individuals, groups, agencies, companies or organizations (“Others”) to submit to Producer
numerous unsolicited Formats, Ideas, Proposals, Scripts, Stories, Treatments and similar materials, original
creations and derivations (“Other Materials”), and that submissions of similar Other Materials to Producer
by Others is likely to occur from time to time in the future. Creator also acknowledges that Other Materials
may be similar to or identical to those developed by, or otherwise available to, Producer or its employees.
Creator acknowledges that no compensation of any kind is due Creator in the event that Producer makes
use of Other Materials and/or enters into a business relationship with Others.
4 Creator acknowledges that Producer shall have no obligation to evaluate Proposal for the purpose described
in Section 1 of this Release, nor any obligation to inform Creator of any evaluation.
5 Creator represents and warrants that
(a) Creator is, as an individual or jointly with the individual(s) listed as Author(s) in Section 2 of this
Release, the Author of the Proposal;
(b) Creator is, as an individual or jointly with the individual(s) listed as Author(s) in Section 2 of this
Release, the present and sole owner of all right, title and interest in and to the Proposal;
(c) Creator has the exclusive, unconditional right and authority, as an individual or jointly with the
individual(s) listed as Author(s) in Section 2 of this Release, to submit and/or convey Proposal to
Producer upon the terms and conditions set forth herein;
]

(d) No third party other than the individual(s) listed as Author(s) in Section 2 of this Release is
entitled to any payment or other consideration as a condition of the exploitation of Proposal; and
(e) All important features of Proposal are summarized in Section 2 of this Release and any
accompanying documents submitted by Creator.
6 Creator, acting as an individual or with the authorization of and on behalf of the individual(s) listed as
Author(s) in Section 2 of this Release, agrees to indemnify Producer and hold Producer harmless from and
against any and all claims, expenses, losses or liabilities (including, without limitation, attorney’s fees and
punitive damages) that may be asserted against Producer or incurred by Producer at any time in connection
with Proposal, or any use thereof, including without limitation those arising from any breach or alleged
breach of the warranties and promises given by Creator herein.
7 Creator agrees that Producer may use, without any obligation whatsoever and without any payment to
Creator, any of Proposal that is not protectable as literary property under the laws of plagiarism, or which a
third party would be free to use if Proposal had not been submitted to such third party or had not been the
subject of an agreement with such third party, or which is in the public domain. Any of Proposal that, in
accordance with the preceding sentence, Producer is entitled to use without obligation to Creator is
hereinafter referred to as “Unprotected Material.” Creator agrees that at no time will Creator assert any
claim that Producer has unlawfully or improperly used Unprotected Material. Accordingly, Creator hereby
releases Producer from any and all liability in connection therewith. If all or any part of Proposal is not
Unprotected Material, and has not been independently created by Producer or an independent source, such
material or part thereof, if any, is hereinafter referred to as “Protected Material.”

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8 In the event that Producer opts to use any portion of Protected Material, provided it has not been obtained
by Producer from, or independently created by, another source, Producer and Creator will negotiate in good
faith an agreement for the terms of such use. Said agreement will include but not be limited to
(a) The form and amount of compensation Producer will pay or cause to be paid to Creator;
(b) The form of credit Producer will afford or cause to be afforded to Creator;
(c) Terms for the benefit of Creator that are comparable to those customarily included in similar
agreements with individuals, groups or companies with the same stature in the journalism,
entertainment, broadcasting, communications, internet and media industries as Creator on the date
of this Release; and
(d) Terms for the benefit of Creator and Producer comparable to those in agreements for the
exploitation of material similar or comparable to Proposal.
9 Creator agrees to give Producer written notice, by Registered United States Postal Service Mail, of any
claim in connection with this Release, or of Producer’s breach or failure to perform the provisions of this
Release, within 90 calendar days of Producer’s breach or failure to perform the provisions of this Release,
regardless of the date on which Creator becomes aware of Producer’s breach or failure to perform the
provisions of this Release. Creator’s failure to give Producer written notice will be deemed an irrevocable
waiver of any rights Creator might otherwise have with respect to such claim, breach or failure to perform.
Producer shall have 30 calendar days after receipt of such written notice to cure any alleged breach or
failure to perform prior to the time that Creator may further assert any claim as provided herein.
10 If a dispute arises in connection with this Release or a breach thereof, Creator and Producer agree to try to
resolve the dispute amicably and in good faith through direct discussions between them. If direct discussion
fails to settle the dispute within 90 calendar days of either Creator or Producer notifying the other in writing
of the existence of the dispute, Creator and Producer waive any and all rights to litigate the dispute in court,
and agree to resolve the dispute through binding arbitration to be conducted in Los Angeles, California,
under the rules and regulations of the American Arbitration Association (“AAA”), presided over by an
arbitrator with knowledge of and experience in the broadcasting, communications, entertainment and media
industries. Any award shall be limited to monetary damages and shall include no injunction or direction to
any party other than the direction to pay a monetary amount. The arbitrator will have no authority to award
punitive or other damages not measured by the prevailing party’s actual damages, except as may be
required by statute. Judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Producer and Creator shall each bear his/her own costs and expenses and an equal
share of the arbitrators’ and administrative fees of arbitration.
11 Creator acknowledges that he/she has read and understands this Release, and that there exist no prior oral
or written negotiations, agreements and understandings agreements between Producer and Creator
pertaining to Proposal or any other material (including, without limitation, agreements pertaining to the
submission of ideas, formats, plots, characters, or the like). Creator agrees that no other rights or
obligations concerning Proposal exist until and unless a formal written agreement has been negotiated and
entered into by Producer and Creator; until any such formal written agreement is executed, this Release
contains the entire understanding between Producer and Creator with reference to the Proposal. Any
representation, promise or agreement not specifically included in this Release shall not be binding upon or
enforceable against Producer or Creator. All modifications to or waivers of any provision of this Release
must be made in writing and signed by both Producer and Creator.
12 Creator affirms that at least one copy of Proposal remains in Creator’s possession, and Creator hereby
unconditionally releases Producer from any and all liability arising out of loss or damage to any copy of
Proposal submitted to Producer.
13 Creator acknowledges and agrees that in the ordinary course of communicating with Producer (in writing,
during telephone calls, and in meetings with Producer), Creator may learn or obtain, with or without
Producer’s knowledge or effort, business, creative, financial and/or technical information that relates to
Producer or that is received by or for Producer in confidence (“Confidential Information"). Creator agrees
(a) To hold in confidence and not disclose, or allow to be disclosed, any Confidential Information in
any manner whatsoever to any person or entity or to use any Confidential Information outside of
Creator's relationship with Producer;

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(b) That Confidential Information includes any information that relates to Producer’s evaluation of
Proposal, including whether Producer accepted Proposal for evaluation, whether and when
evaluation took place, and results of evaluation
(c) That Confidential Information does not include any information that
(i) Is or becomes within the public domain through no act of Creator,
(ii) Was in Creator’s possession prior to its disclosure under this Release, as shown by
written records,
(iii) Is independently developed by Creator without reference to any Confidential
Information,
(iv) Creator receives from a source other than Producer, as shown by written records; or
(v) Is required by law to be disclosed in the written opinion of Producer's legal counsel
(d) That this provision survives termination of this Release and continues in full force and effect
between the parties after the expiration or early termination of this Release.
14 Producer and Creator acknowledge and agree that
(a) If more than one party signs this Release as Creator, all reference to “Creator” throughout this
Release shall apply to each party jointly and severally; and
(b) Section titles, paragraph headings, and paragraph and section numbers in this Release are solely
for convenience of reference and shall not affect its interpretation.
15 Producer and Creator agree that if any provision of this Release is held unenforceable, then such provision
will be modified to reflect the parties' intention. All remaining provisions of this Release shall remain in
full force and effect.
16 Producer and Creator agree that this Release shall be governed by and construed in accordance with the
laws of the State of California without regard to the conflicts of laws provisions thereof.

IN WITNESS WHEREOF, the parties execute this Release on this ___ day of _________, 20__.

INCANDESCENT WORKS CREATOR

_____________________________________
Signature Signature

By: _______________________________
Print or Type Name
Its: ___________________________
_______________________________
Mailing Address

_______________________________

_______________________________
Phone

_______________________________
E-Mail Address