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CBS DIVERSITY INSTITUTE
2019 Writers Mentoring Program
SUBMISSION RELEASE FORM
CBS Diversity Institute
4024 Radford Avenue
Studio City, CA 91604
Mar 20, 2019
Dear Sir or Madam:
I wish to submit to CBS Entertainment ("you," "your," and/or "CBS"), in support of my application for the CBS Writers Mentoring Program, the material identified on the preceding page. Such summary and all materials and documents that may be submitted to CBS with respect thereto, including all ideas, elements and their expression contained therein, are hereinafter referred to as "the Material".
In consideration of your examining the Material, I hereby represent, warrant and acknowledge and agree as follows:
- My submission of the Material to CBS is voluntary, not solicited by CBS and not in confidence. There are no materials submitted to CBS other than those described on the preceding page.
- I represent and warrant that I am either the author or owner of all rights to said Material, or the duly authorized agent of the lawful owner of the Material. I also represent and warrant that I have full power and authority to submit the Material to you on the terms and conditions hereof and that no further consents from third parties are required. This agreement shall inure to your benefit and to the benefit of your parent, subsidiary and affiliated corporations and to each of their respective officers, employees and agents.
- The Material has been, and is hereby, submitted with the understanding that it may be used by you in connection with the CBS Writers Mentoring Program. If I am selected for the CBS Writers Mentoring Program, I agree either: (a) to give CBS a right of first look/first negotiation with respect to any concepts, ideas, etc. arising out of or related to the Material; or (b) you shall determine in good faith that you have the right to use all of any part of the Material without obtaining clearance, either because the Material, or any part thereof, so used is not new or novel, or were not originated by me, or is in the public domain, or is otherwise not legally protected or protectable, or was not reduced to concrete form, or was obtained by you from other sources, including without limitation, your own employees, or from any other person, it being understood and acknowledged that this submission is not being made in confidence.
- For any and all services I provide to CBS in connection with the CBS Writers Mentoring Program ("Services"), I agree that CBS shall be the sole and exclusive owner of all results and proceeds of such Services and all rights therein, whether now or hereafter existing, worldwide, in perpetuity as a "work made for hire" specially ordered or commissioned by CBS and as defined in the United States Copyright Act of 1976, including, without limitation, all literary and musical material and/or any ideas, compositions, arrangements, translations, creations and products resulting from or incidental to the same, for all purposes in connection with the distribution, advertising and exploitation of such results and proceeds or any part thereof in connection with the CBS Writers Mentoring Program. I hereby waive all so-called "moral rights" or any similar rights or principles of law, which I may now or later have in the results and proceeds of my Services to CBS. In the event that any of my Services arise from or are related to the Material (including without limitation, to any derivative works, spin-offs, formats, etc.), I hereby irrevocably grant and assign to CBS, for good and valuable consideration (receipt of which is hereby acknowledged), all rights of every kind and nature (including, without limitation, all copyrights and all extensions and renewals of copyrights) in any and all media whether now known or hereafter devised, in and to the Services and the results and proceeds of the Services rendered in connection with said Material forever and throughout the universe, with the exclusive right to change, adapt, modify, use and otherwise exploit said Material and the results and proceeds of my Services rendered in connection therewith as CBS, in its sole discretion, may desire.
- CBS shall have the right, without the obligation of any additional consideration to me, to use and permit others to use my name, photograph, likeness, voice and biography in connection with the advertising, publicizing and exploiting the results and proceeds, the Services, the CBS Writers Mentoring Program, the Material or any part thereof through any means or medium and all forms of interactive media, now known or hereafter devised.
- Should CBS elect to proceed under 3(a) above, then CBS shall have one hundred and eighty (180) days following end of the CBS Writers Mentoring Program (e.g., the last date of final workshop) to elect to proceed with the development of such Material. If Studio elects not to proceed with the Material, I may take such Material to a third party without further obligation to CBS. If CBS does elect to proceed with the Material, the parties will negotiate in good faith on an exclusive basis with respect to the terms and conditions of an agreement in connection with such Material. If the parties are unable to enter into an agreement after negotiating for sixty (60) days, I may take the Material to a third party; provided, however, that I may not enter into any agreement for the development or any other exploitation of the Material with any third party on terms less or equally favorable to me than those last offered to CBS without first giving CBS the opportunity to match the third partyís offer. Should CBS proceed under 3(b) above, and I should dispute your right so to do, I undertake the entire burden of proof of originality, access, copying and all other elements necessary to establish your liability, and agree that my submission of the Material shall not give rise to a presumption or inference of copying or taking, or a presumption or inference that anyone, other than the particular individual to whom such material is delivered by me, had access to the Material or examined the Material.
- Should I bring any action against you for wrongful appropriation of the Material or any part thereof, such action shall be limited to an action at law for damages, which shall not in any event, and under any theory, exceed the fair market value of material on the date hereof, and I specifically waive statutory damages and attorneysí fees under Sections 504 and 505 of Title 17 of the U.S. Codes 1976, and I agree that in no event shall I seek or be entitled to any injunctive and/or other equitable relief and that I have neither the right to rescind or terminate this release or any of CBSí rights hereunder. Should I be unsuccessful in any such action, I acknowledge and agree that I must pay your court costs, costs of depositions and other discovery, attorneysí fees and the fees and charges of any experts engaged by you to ascertain originality, public domain status, or any other facts or factors deemed necessary or advisable by you in the defense of such action. As a condition precedent to any such action, I will give you written notice of my contention that you have no right to proceed under 3(b) above, stating the particulars in complete detail, and any such action shall be, and is hereby, waived and barred unless filed within six (6) months after your first public release or use of the Material, or thirty (30) days after you notify me in writing that you deny liability to me, whichever is earlier.
- I acknowledge that I have retained a copy of the Material, and that any copy of the Material that I submit to CBS will not be returned to me and will be destroyed at the end of the selection process. I assume full responsibility for any loss, theft, destruction, or any other disposition of any such copy while it is in CBSí possession or in transit.
- I hereby release CBS from, and covenant not to sue CBS for, any claim or cause of action, whether known or unknown, based upon or relating to the use of my Services and/or the Material (except as detailed above in Section 7) or the exercise of any of the rights referred to in this agreement.
- This agreement constitutes the entire understanding among the parties hereto. Any modification or waiver must be in writing, signed by all parties hereto. The invalidity of any provision of this agreement shall not effect the remaining provisions.