By signing below, I am agreeing with the following terms concerning your submission of materials (or your “Portfolio”) to The Al Turner Company.
To protect our creative development process The Al Turner Company will not review materials submitted for employment evaluation unless the submitter agrees to these release terms.
I acknowledge that The Al Turner Company is consistently receiving submissions for artwork, music from third parties I understand that The Al Turner Company is consistently developing new ideas.
I acknowledge that The Al Turner Company may be developing materials that are similar or identical to your Portfolio Submissions and that The Al Turner Company will have no obligation of any kind to you concerning those materials if The Al Turner Company has created, developed or acquired them independently without reference to your Portfolio Submissions.
I represent and warrant that my Portfolio Submissions are original to you and do not violate the rights of any other party.
I have retained at least one copy of said material, and I release you from any and all liability for loss or other damage to the copies of said material submitted to you hereunder.
I understand that you will be evaluating the Portfolio as a basis for the possible engagement of my services. I further understand you policy of refusing to review unsolicited creative materials.
I specifically acknowledge that you would refuse to accept and evaluate said 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 said material.
I acknowledge that you receive numerous unsolicited submissions of ideas, formats, stories, suggestions and the like and that many such submissions received by you are similar to or identical to those developed by you or your employees or otherwise available to you. I agree that I will not be entitled to any compensation because of the use by you of any such similar or identical material.
I warrant and represent that the Portfolio and all elements thereof are my original creations and do not violate any copyright, proprietary rights, rights of confidentiality, or other rights of any person or entity and that no third party has any rights, title or interest therein or thereto.
I agree to indemnify you from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against you or incurred by you at any time in connection with said material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.
In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of California to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. 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 American Arbitration Association. The arbitration shall be conducted in the County of Sonoma, State of California, and shall be governed by and subject to the laws of the State of California and the then prevailing rules of the American Arbitration Association. The arbitrators' award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.
I hereby acknowledge and agree that there are no prior or contemporaneous oral agreements in effect between you and me pertaining to said material, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by me of any ideas, formats, plots, characters, or the like). I further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both you and me, and then your and my rights and obligations shall be only such as are expressed in said formal written agreement.
I understand that whenever the word "you" or "your" is used above, it refers to (1) you, (2) any company affiliated with you by way of common stock ownership or otherwise, (3) your subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom you are leasing production facilities, (6) clients of any subsidiary or affiliated company of yours, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of you, and of all such person, corporations referred to in (1) through (6) hereof. If said material is submitted by more than one person, the word "I" shall be deemed changed to "we," and this agreement will be binding jointly and severally upon all the persons so submitting said material.
Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof omitted shall remain in full force and effect.
This agreement shall be governed by the laws of the State of California applicable to agreements executed and to be fully performed therein. I have read and understand this agreement and no oral representations of any kind have been made to me and this agreement states our entire understanding with reference to the subject matter hereof.
