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LEGAL DOCUMENT: SCREENPLAY SUBMISSION/RELEASE FORM TITLE
OF THE SCREENPLAY:___________________________________________ AUTHOR: ____________________________________________________________ ADDRESS:
__________________________________________________________ EMAIL: _____________________________________________________________ NUMBER OF PAGES: ________________________________________________ 1.
The undersigned author of the above screenplay hereby requests the Nuyorican
Poets Cafe, a New York nonprofit corporation (hereinafter referred to
as Nuyorican), read and evaluate the above screenplay for its media project
entitled "The Fifth Night," and if it so chooses, to produce
for one evening only an unstaged reading of said screenplay at the premises
currently owned and operated by Nuyorican at 236 East Third Street, New
York City, New York. I understand that the Nuyorican has no obligation
to read and evaluate said screenplay or to inform me of its evaluation,
if any. In the event the screenplay is selected for inclusion in Nuyorican's
Fifth Night 2.
I understand that Nuyorican would refuse to accept or otherwise evaluate
said screenplay in the absence of the acceptance by me of each and all
of the 3. I acknowledge that the presentation of the screenplay to the public by Nuyorican will expose the screenplay to others and in so doing I will thank Nuyorican for its role in moving the script forward if the film is completed. The method of thanks will be a credit in the final film thanking The Fifth Night Screenplay Reading Series at the Nuyorican Poets Cafe. 4. I represent and warrant that I am the author of the above screenplay; that I am the present and sole owner of all right, title and interest in and to said screenplay; that I have the exclusive unconditional right and authority to submit said screenplay to Nuyorican upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the use of said screenplay as set forth herein. I will indemnify and save Nuyorican harmless from any and all claims, expenses, losses, or liabilities that may be asserted against or incurred by Nuyorican at any time in connection with the use of said screenplay, including without limitation those arising from any breach or alleged breach of the warranties and promises given by me herein, including reasonable attorneys' fees and other costs incurred defending against the same. 5. I retain all rights to submit this or similar material to persons or entities other than Nuyorican. 6. I acknowledge that no fiduciary or confidential relationship now exists between me and Nuyorican and I further acknowledge that no such relationships are established between me and Nuyorican by reason of this Agreement or by reason of my submission to Nuyorican of said screenplay. 7. I acknowledge that Nuyorican receives numerous submissions of ideas, formats, stories, suggestions, screenplays, and the like and that similar to or identical to this submission. I understand that I will not be entitled to any compensation because of the use by Nuyorican of any such similar or identical material. 8. I understand that the presentation of the screenplay to the public by Nuyorican will expose the screenplay to others and hereby specifically release the Nuyorican from any and all liability, direct or indirect, resulting from the improper use by any other persons or entities of any similar ideas, formats, stories, suggestions and the like relating to said screenplay. 9. I have retained at least one copy of said screenplay and release the Nuyorican from any and all liability for loss or other damage to copies of said screenplay submitted to Nuyorican hereunder. 10. This release extends to Nuyorican Cafe, Inc., its agents, servants, employees, officers, directors and volunteers including those associated with The Fifth Night project. 11.
In the event of any dispute concerning said screenplay or concerning any
claim of any kind or nature whatsoever, arising in connection with said
screenplay or arising in connection with this Release, 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 New York State to litigate any such dispute in court, it being
the intentions of the parties to arbitrate all such disputes according
to the provisions hereof. Either party may commence arbitration proceedings
by giving the other party written notice thereof by registered mail and 12. I hereby acknowledge and agree that there are no prior or contemporaneous agreements, oral or otherwise, in effect between Nuyorican and me pertaining to said screenplay including, but not limited to, agreements pertaining to the submissions 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 Nuyorican and me. 13.
Should any provision or part of any provisions be void or unenforceable,
such provision or part thereof shall be deemed omitted and this Agreement
with such 14. This agreement shall be governed by the laws of the State of New York applicable to agreements executed and to be fully performed therein. 15.
I hereby state that I have read and understand this Agreement and that
no oral representations of any kind have been made to me and that this
Agreement states our entire understanding with reference to the subject
matter hereof. Any modification or waiver of any of the provisions of
this agreement must be in
Signature: _____________________________________ |
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THE FIFTH NIGHT SUBMISSION DATA FORM
____________________________________________________________ ____________________________________________________________
TITLE OF SUBMISSION: ________________________________________________ GENRE (if applicable): _________________________________________________ LENGTH (pages/minutes): ______________________________________________
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
BRIEF DESCRIPTION OF SUBMISSION (continue on back if necessary):
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