Animation World Magazine, Issue 2.4, July1997
Dark Horse Comics, Inc.
10956 Southeast Main Street
Milwaukie, Oregon 97222:
I understand that you may submit the Submitted Material ("the Material") to third parties, motion picture studios, and distributors. I recognize the possibility that the Material may be identical or similar to material that has or may come to you from other sources. Such similarity in the past has given rise to litigation so that unless you can obtain adequate protection in advance you will refuse to consider the Material. The protection for you must be sufficiently broad to protect you; your related corporations; the employees, agents, licensees, and assigns of you and your related corporations; and all parties to whom you submit material. Therefore, all references to you include each and all of the foregoing parties.
I am submitting to you the following:
(list title and description here)
in accordance with the following agreement:
1. I represent and warrant to you and your successors and assigns that the Material is original with me and that no other persons other than those who have signed this agreement have collaborated with me in creating and developing the Material. No confidential relationship is intended or created between us by reason of my submission of the Material.
2. Your consideration of the Material and any negotiations between us regarding the Material shall not be deemed an admission of the novelty or originality of the Material. No obligation of any kind is assumed or may be implied against you by reason of your review of the Material or any negotiations we may have, except pursuant to an express written agreement.
3. You may retain a copy of the Material, and I release you from any liability for loss or damage to the Material.
4. I hereby grant you the right to use the Material, provided that you first conclude an agreement with me for such use or that you determine that you have an independent legal right to use the Material or any portion of the Material that is not derived from meeither because the Material is not new, novel, or original; or because the Material has not been reduced to concrete form; or because other persons (which may include your employees and other persons presenting materials to you) have submitted similar or identical suggestions, features, and material that you have the right to use. This Agreement will no limit my copyright in the Material.
5. This Agreement will be construed under Oregon substantive law. Any dispute shall be settled in the state of Oregon; if, after good faith attempts to settle between the parties, outside dispute resolution is required, it shall be conducted in Oregon. A party may enforce any settlement or arbitration in any other forum only in accord with applicable law. I agree that any claim against you, your employees, officers, directors, or shareholders based on the Material must be brought within one year after the date of your first publication or other relevant use of the Material.
6. In the event of any dispute that requires outside resolution, the prevailing party shall be entitled to receive reimbursement from the nonprevailing party for all arbitration, litigation, and other legal costs, expenses, and fees, in addition to any other recovery or award.
7. This agreement constitutes our entire understanding and my signature and the signature of any collaborator constitutes agreement to these terms and conditions. This agreement may be changed only by a written instrument signed by you and me. This agreement also applies to any other material I may submit to you unless it is agreed by us in writing to the contrary. The invalidity of any provision of this agreement shall not affect the remainder, which shall continue in full force and effect.
8. You may freely assign your rights under this Agreement.
Signature Name (Last, First, M.I.): Type or Print Clearly
Street Address City, State, Zip Code
Telephone Number Date
NOTE: In case of collaboration, each collaborator should sign and provide the above information.
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