Release Form for Mercedes Lackey

Date: _______________________________

Mercedes Lackey

c/o High Flight
16525 East 470 Road
Claremore, OK 74017

Dear Mrs. Lackey,

I am submitting to you herewith a manuscript for a short story or novel
of approximately ______________ words
entitled __________________________________________________________________________.
It involves the following characters from your Valdemar or other universe: _______________________________________________________________________________________________________________.
It is set in (time period and location): ________________________________________________________.
and concerns (brief summary of plot): ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. I understand that, as the creator and copyright owner of the Valdemar and other series, you alone have the authority to authorize the preparation of derivative works based on the characters and world you have created in that series. I understand and acknowledge that the preparation of such a story constitutes a copyright infringement unless authorized by you. I acknowledge that the material submitted with this agreement is a derivative work based upon your previous work.

  2. I understand and acknowledge that because of your position as the creator of the Valdemar and other series, you receive numerous unsolicited submissions of ideas, stories, suggestions and the like, and that many such suggestions are similar to or identical to materials already developed by you (or by others who may submit or have submitted them to you). I understand that I will not be entitled to compensation because of the use by you of any such similar or identical material either developed by you or received from another source.

  3. I further understand that you would refuse to accept or otherwise evaluate said material in the absence of my acceptance of each and all of the provisions of this agreement. I request that you read and evaluate said material. However, you shall have no obligation to do so nor to inform me of your evaluation, if any.

  4. I represent and warrant that I am the sole author of said material; that I am the present and sole owner of all rights, title, and interest in and to said material; that the material does not infringe upon any right of any other person or entity including copyright, right of privacy, or right of publicity, and that I have the exclusive unconditional right and authority to submit and/or convey said material to you upon the terms and conditions set forth in this release. I will indemnify you from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorney's fees and punitive damages) arising from any breach of the warranties and promises given by me in this release.

  5. I acknowledge that you may use, without any obligation whatsoever to me and without any payment to me, any of said material which is not protectable as literary property, or which is in the public domain. Any such material is herinafter referred to as "unprotected material." I also acknowledge that I have no claim on or interest in any copyrighted material of yours upon which I have based my work.

  6. If the material submitted by me pursuant to this release is not unprotected material and if it was neither created by you nor obtained from an independent source, and if you personally accept it for publication in an anthology at some later date, you will authorize the publication of this derivative work and will pay or cause to be paid to me a sum that is not less than a pro rata share (based on the comparative length of the material to the rest of the volume) of 50% of any advances or royalties received from the publisher for said work for said specific anthology, except in the case of nonprofessional publication, where there is no monetary compensation involved. In return and in consideration for your authorizing the publication, professionally or non-professionally, of this derivative work pursuant to this paragraph, I agree to assign all rights, including such copyright interests as I may have in the said work, to you. I understand that professional publication in an anthology is extremely unlikely, and that the bulk of material submitted to you for your review will be published non-professionally, and for no compensation, for limited circulation and a limited audience. I agree that you have no obligation to seek either a professional or non-professional publisher for this work on my behalf, or to otherwise act as an agent for my work.

  7. Either of us may assign or license our rights under this agreement, but such an assignment or license shall not relieve the assigning party of the obligations created under this agreement. This agreement shall inure to the benefit of the parties to it and their heirs, successors, representatives, assigns and licensees.

  8. I understand that wherever the word "you" or "your" is used in this contract, it refers to you, or any company or business entity affiliated with you or owned by you, or any subsidiaries of such a company or entity, or any division thereof.

    If said material is submitted by more than one person, all of said persons shall be named and sign below; if any contributor is a minor, his or her parents or guardians shall also be named below and shall cosign this agreement. In such instance, the word "I" shall be deemed changed to "we" (and the corresponding verbs changed to the first person plural) and this agreement will be binding jointly and severally upon all persons signing this agreement.

  9. This document constitutes the entire agreement of the parties hereto, and any modification of it must be in writing and signed by us. This agreement shall be interpreted according to the laws of the United States and the particular States where the publishers of said anthologies are based.

Very truly yours,

_______________________________________ ________________________________________
Signature Witness

_____________________________________________
Print name

______________________________________________________________________________________
Address

_______________________________________ ________________________________________
Telephone Date of Birth

ACCEPTED AND AGREED TO:

_________________________________________________________
Mercedes Lackey