RELEASE AND WAIVER
1. I have supplied truthful and accurate information in the application form.
2. The material that I will submit is mine, I have exclusive rights to the material, and the material is original to me.
3. I understand and agree that the burden of securing copyright or WGA registration for my screenplay or idea lies entirely with me.
4. I agree to hold The Big Picture Film & Video Foundation, all producers, managers, agents, and production companies, their subsidiaries, affiliates, officers, representatives, employees, and volunteers, harmless from and defend them against all claims, demands, losses, costs, damages, judgments, liabilities, and expenses (including attorney's fees) arising out of or in connection with any and all claims or third parties, whether or not groundless, based on any screenplays, plots, characters, or ideas submitted with my fiscal sponsorship application or on any screenplay, film, or material developed out of those screenplays, plots, characters, or ideas.
5. I acknowledge that because of the Reviewers’ [those producers, agents. managers, production companies, et al hearing and reviewing the fiscal sponsorship applications] position in the entertainment industry, the Reviewers receive numerous unsolicited submissions of ideas, treatments, stories, suggestions and the like, and that many such submissions received by the Reviewers may be similar to or identical to those developed by the Reviewers or the Reviewers’ employees or otherwise available to the Reviewers. I understand that I will not be entitled to any compensation because of the use by the Reviewers of any such similar or identical material. I further understand that the Reviewers would refuse to accept or otherwise evaluate my 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 the Reviewers. I acknowledge that no fiduciary or confidential relationship now exists between the Reviewers and myself, and I further acknowledge that no such relationships are established between the Reviewers and myself by reason of this agreement.
6. I agree to defend, indemnify and hold The Big Picture Film & Video Foundation, their officers, contractors, and employees, and the Reviewers harmless, with counsel of the Reviewers’ choice, 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 the Reviewers or incurred by the Reviewers at any time in connection with the Material, or any use thereof, including without limitation those arising from any breach or alleged breach of the warranties and promises given by me herein.
7. Arbitration. In the event of any dispute concerning the Material or concerning any claim of any kind or nature whatsoever, arising in connection with the Material or arising in connection with this agreement, such dispute will be submitted to 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 Georgia to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions hereof, 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 City of Atlanta, State of Georgia and shall be governed by and subject to the laws of the State of Georgia and the then prevailing rules of the American Arbitration Association. The arbitration shall employ a single arbitrator experienced in the motion picture industry. The arbitrators' award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.
I represent that I am of legal age. I certify that the above information is current and accurate.