Dragonlords of Dumnonia

Scriptorium

Release Form

(Revised 4/10/98)

From time to time you may wish to submit your work to somewhere that requires you to supply a release form. The standard wisdom on this topic is don't do it. Still, great gains can sometimes be obtained by ignoring standard wisdom. So if you have your heart set on submitting your work to somewhere that insists that a signed release form must accompany your submission, here's a sample that I've developed from a variety of sources over the years that seems to work well with the presses and production companies that I've sent it to. Download this copy, clean it up, and plug in the information that fits your material. (Remember to adjust the grammar if you are sending multiple items!)

SUBMISSION RELEASE AGREEMENT

[TITLE]

[DATE]

[COMPANY/PUBLISHER] [COMPANY'S ADDRESS]

Gentlemen:

I am submitting to you herewith a [TYPE OF WORK]: [TITLE] (the "Material"). The enclosed [TYPE OF WORK] is hereby incorporated by reference as if set forth fully herein. I agree and understand that:

  1. Because of your position in the [entertainment industry/publishing world]:
    1. you receive many ideas, formats, stories, suggestions, and other materials which you do not solicit or otherwise request;
    2. you generally do not accept, consider, or review unsolicited material unless the person submitting the material has signed this Agreement;
    3. you would not accept, consider, or review the Material if I did not sign this Agreement; and
    4. no confidential relationship is established by submitting the Material to you.
  2. I may submit the Material or similar material to persons other than you. I have kept at least one copy (or a duplicate) of all the Material submitted to you. I hereby release you of and from any and all liability for loss of, or damage to, the copies of said material submitted to you hereunder.
  3. You will review the Material within a reasonable time after you receive a copy of this Agreement, which I have signed. You agree that if you decide you wish to use any legally protectable portion of said Material, then you and I may negotiate in good faith to reach a written agreement allowing your use of the Material and any compensation or payment to me.
  4. You agree that if you cause to be used any legally protectable portion of said Material, provided it has not been obtained from, or independently created by, another source, you will pay or cause me to be paid 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.
  5. I warrant that I am the sole owner and author of said material, that I have the exclusive right and authority to submit the same to you upon the terms and conditions stated herein, and that all of the elements of said Material are summarized herein. I will fully reimburse you if you incur any losses, damages, or expenses (including lawyer's fees) because of any or all of the statements made herein are not true, or as a result of your good faith possession or use of this Material.
  6. I am not waiving, and this Agreement will not limit my copyright of the Material. I understand that you may use in any fashion:
    1. any matter which is developed by you or your employees or which is otherwise made available to you and which contains elements or aspects which are similar to protectable literary property contained in the Material, and/or
    2. any elements or aspects of or matter contained in the Material which is not original with me, new, unique, concrete, and novel and/or which is in the public domain.
    I will not sue you or bring any action or proceeding against you if you use any such matter, nor for your failure to compensate me for your use of the Material if you have not agreed in writing to do so, and you are entitled to an injunction or other equitable remedy if such a suit, action, or proceeding is brought.
  7. You have no obligations to me (including any obligation to compensate or make payments to me, unless you expressly agree to do so), except for those stated in this Agreement.
  8. If either you or I transfer, assign, or license any rights under this Agreement, the person making the transfer, assignment, or license will still be responsible for performing his/her/its obligations under this Agreement.
  9. 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 writing and signed by both of us.
  10. 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 not be construed to carry any purpose but those specifically included herein.

Sincerely, AGREED TO AND ACCEPTED BY:
   
   
[Signature] By:
[TYPE YOUR NAME]  
[YOUR ADDRESS]  

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