I acknowledge that I am submitting to InkWell Management the following material, ideas, or creative work (the “Material”).
I hereby warrant that I am the sole owner and/or author of the Material and that I have the exclusive right and authority to submit the same to InkWell Management upon the terms and conditions stated herein.
I am executing this release to induce InkWell Management to review, examine, or otherwise evaluate and consider the Material, and I acknowledge that it is InkWell Management’s established policy to refuse to accept, review, examine, or otherwise evaluate the Material without my acceptance of each and all of the provisions of this release.
I agree that (i) InkWell Management is not undertaking any obligation to accept, review, examine, otherwise evaluate and consider, or represent the Material; (ii) InkWell Management does not purchase material, ideas, or creative work; and (iii) I retain all rights to submit the Material or materially similar material to persons or entities other than InkWell Management.
I further agree that (i) no confidential or fiduciary relationship exists between InkWell Management and me; (ii) neither this release nor the fact of my submission of the Material to InkWell Management places InkWell Management and/or any of its clients in any different position from any member of the general public with respect to any element or portion of the material; (iii) InkWell Management and/or any of its clients may use without obligation to me any material which is not legally protected; (iv) InkWell Management and/or any of its clients may have created, may create, or may otherwise have access to materials, ideas, and creative works which may be similar or identical to the Material with regard to theme, motif, plots, characters, formats, or other attributes; and (v) I shall not be entitled to any compensation because of the proposed use or use of any such similar or identical material that may be or may have been created by InkWell Management and/or any of its clients or that may have been created by InkWell Management and/or any of its clients that may have come to InkWell Management and/or any of its clients from any other independent source.
I hereby acknowledge that I have retained at least one copy of the Material and that InkWell Management has no obligation to return the Material, and I hereby release InkWell Management from any and all liability for loss of, or damage to, any and all copies of the Material submitted to InkWell Management hereunder. I hereby agree that this release shall be binding on me and my heirs, executors, representatives, and assigns.
I hereby agree that any provision of this release which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, but shall be enforced to the maximum extent permitted by law, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
I hereby agree that (i) this release constitutes the entire agreement of the parties with respect to its subject matter hereof; (ii) this release may not be modified in any manner except by a written instrument signed by both parties; (iii) no oral representations of any kind have been made to me; and (iv) no waiver by either party of any breach or nonperformance of any provisions of this release shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision of this release.
The words “InkWell Management” in this release refer to InkWell Management’s officers, agents, employees, stockholders, successors and assigns. If the Material is submitted by more than one person, or by a firm, corporation, or other entity, the words “I,” “my” or “me” shall refer to all persons, firms, or other entities, and this release will be binding jointly and severally upon all such persons, firms, corporations or other entities.
All questions concerning the construction, validity, and interpretation of this release and the performance of any obligations under this release shall be governed by the internal law, not the law of conflicts, of the of the state of New York.
Any suit involving any dispute or matter arising under this agreement may only be brought in a United States district court located in the state of New York or any New York state court having jurisdiction over the subject matter of the dispute or matter. All parties to this agreement hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
I warrant and represent that I have read the above release prior to its execution and that I am fully familiar with and understand the contents hereof.
To submit electronically the writer acknowledges the release.