1.         I am submitting to you or will discuss with you orally the material, ideas, or creative work (hereinafter referred to as “said material”) described in the form below.

2.         I understand that you have adopted the policy of refusing to accept, consider, or evaluate material unless the person submitting such material has signed an agreement in form substantially the same as this.  I specifically acknowledge that you would refuse to accept, consider, or otherwise evaluate said material in the absence of my acceptance of each and all of the material provisions of this agreement.  It is understood that no confidential relationship is established by my submitting said material to you hereunder.  I retain all rights to submit this or similar material to persons other than you.

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3.         I request that you examine said material solely with a view to evaluate and provide an opinion on material and understand that said evaluation in no way creates a relationship or any expectation that you will undertake to acquire said material.

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4.         I warrant that I am the sole owner and author of said material (or that I have the signed permission below of ALL co-writers and/or co-owners to submit this work and subject them to the full terms of this release form/waiver), that I have the exclusive right and authority to submit the same to you on the terms and conditions stated herein, and that all of the elements of said material are summarized herein.  I agree to indemnify you against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing.

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5.         I agree that nothing contained in this agreement nor the fact of my submission of said material to you shall be deemed to place you or any of your clients or any person or entity to whom you show or discuss said material in any different position than anyone else to whom I have not submitted the same material with respect to any portion of said material which does not constitute protectable literary property.

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6.         I recognize that you and your clients have access to and/or may create or have created literary materials and ideas which may be similar or identical to said material in theme, idea, plot, format or other respects.  I agree that I will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by you or any such client or may have come to you or such client from any other independent source.

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7.         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 submitted material.  The protection for you must be sufficiently broad to protect you, your related corporations, and their employees, agents, licensees and assigns and all parties to whom you submit material.  Therefore, all references to you include each and all of the foregoing.

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8.         I agree that no obligation of any kind is assumed or may be implied against you by reason of your review of the said material or any discussions we may have, except pursuant to an express written agreement hereafter executed by you and me which, by its terms, will be the only contract between us.

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9.         You agree that if you use any legally protectable portion of said material, provided it has not been obtained from, or independently created by, another source, you will pay to me an amount which is comparable to the compensation normally paid for similar material or an amount equal to the fair market value thereof as of the date of this agreement, whichever is greater.  If we are unable to agree to said amount, or in the event of any dispute concerning any alleged use of said material (e.g. whether you have used legally protectable portions thereof), or any other dispute arising out of or in connection with said material or with reference to this agreement, its validity, construction, performance, non-performance, operation, breach, continuance or termination, such dispute shall be submitted to arbitration.  Each party hereby waives any and all rights and benefits which he or it might otherwise have or be entitled 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 (either you or I) may commence arbitration proceedings by giving the other party written notice thereof and in such notice designating one arbitrator.  Within twenty (20) days after receipt of such notice, the other party shall designate in writing another arbitrator.  If the other party shall fail or refuse, for whatever reason, to select a second arbitrator within twenty (20) days, as aforesaid, then the first arbitrator appointed shall serve as the sole arbitrator and shall promptly determine the controversy.  The two arbitrators shall promptly select a third arbitrator, and if they cannot agree on a third arbitrator within ten (10) days after the appointment of the second arbitrator, either party may secure appointment of the third arbitrator by application to the American Arbitration Association.  Each of the arbitrators shall be a person experienced and knowledgeable in the entertainment industry.  The arbitrators, when appointed, shall promptly determine the controversy by majority vote and such determination shall be final and each of the parties shall be bound thereby.  The arbitration shall be conducted in the City of Indianapolis, State of Indiana, and the arbitration shall be governed by and subject to the laws of the State of Indiana and the then prevailing rules of the American Arbitration Association.  The arbitrators’ decision shall be controlled by the terms of this agreement, and I agree that the amount of any award shall be an amount which is the greater of (i) comparable to the compensation normally paid for similar material, or (ii) an amount equal to the fair market value thereof, both as of the date of this agreement.  Such decision shall provide for each party to bear its own costs of arbitration and attorney’s fees, unless ordered otherwise by the arbitrator at the prevailing parties request.  If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, then the arbitrators or arbitrator, as the case may be, are empowered to proceed ex parte.

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10.       Except as otherwise provided in this agreement, I hereby release you of and from any and all claims, demands, and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the said material or by reason of any claim now or hereafter made by me that you have used or appropriated the said material, except for fraud or willful injury on your part.

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11.       Neither party to this agreement may assign or license to any person, firm, or corporation whomsoever, their rights hereunder.  This agreement shall inure to the benefit of the parties hereto and their respective heirs, successors, representatives, assigns, licensees and clients; and all such heirs, successors, representatives, assigns, licensees and clients shall be deemed to be third party beneficiaries under this agreement.

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12.       I have retained at least one copy of said material, and I hereby release you of and from any liability for loss of, or damage to, the copies of said material submitted to you hereunder.

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13.       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 this subject matter hereof.  Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us.

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14.       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 at all times be construed so as to carry out the purposes hereof.

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15.       By signing you acknowledge and understand that it has been made clear to me that Warren D. Robinson, is a licensed Attorney at Law but Warren D. Robinson is NOT my attorney. At no time prior, during or subsequent to this agreement has or will a client/attorney relationship be formed between Warren D. Robinson and I, therefore he CANNOT give me legal advice. He may provide general legal information but that should not be construed as legal advice and does not replace my obligation to seek independent legal counsel who can provide assurances and interpretations that are applicable and appropriate for my circumstances, for all my legal matters.

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16.    I understand that there are absolutely NO REFUNDS for any reason except where you cancel or postpone my appointment (and I chose not to reschedule) or you connect more than ten (10) minutes late. I understand that if I need to reschedule an appointment, I may do so at no charge, so long as I provide at least four (4) hour notice. No refund nor any alternate date will be provided if I fail to provide at least four (4) hour notice for any reason whatsoever of a change or reschedule. I understand all changes and reschedules are subject to your availability and failure to secure a new appointment will not allow me to receive a refund.