By submitting any material to heavyweaponmovie.com or it's owner, you hereby agree to the following Terms & Conditions:

I am submitting to you and request that you read and evaluate the unsolicited material (the "material"). I enter into this agreement and submit the material to you with the express understanding and acknowledgement that you accept delivery of the material in express reliance upon this agreement and my covenants, representations and warranties contained in the agreement, and that in the absence of such an agreement, you would not accept delivery of, consider or otherwise evaluate or use the material.

In consideration of the above, and the benefits which I may receive under this agreement, we agree as follows:

1. I, the submitter of the material, represent and warrant that I am the sole owner and author of the material (which is completely and totally original with me) and that I have the exclusive right and authority to submit the material to you upon the terms and conditions contained in this agreement. I will indemnify you and hold you harmless of and from any and all claims, damages, costs, expenses, losses or liabilities (including, without limitation, attorneys' fees and costs whether or not litigation is commenced) that may be asserted against you or incurred by you, at any time, in connection with the material or any use of the material.

2. I agree that I will not be entitled to any compensation because of your use of any literary materials and ideas which may be similar or identical to the material in theme, idea, plot, format, setting or other respects and which may have been independently created by you or may have come to you from any other sources, including your own employees, or if for any reason the material is not legally protectible or owned exclusively by me. I understand that no confidential relationship, express or implied, is established by my submitting the material to you.

3. I agree that any part of the material which is not legally protectible property may be used by you without any liability to me. If you desire to produce a motion picture and/or other production based upon any of the material that is legally protected (provided it has not been obtained by you from another source or independently created by you), I will sign a written copy of this agreement. You then may negotiate in good faith with me regarding a separate agreement to acquire all of my right, title and interest in such legally protected material; provided that your negotiating with me shall not imply, suggest or establish in any way that such material is legally protectible and shall not be an admission by you of any kind or nature. If you negotiate with me but no agreement is concluded between us, or if you do not negotiate with me, you may still use the material in connection with any production of any kind and will own and control all right, title and interest of any kind or nature in such production(s); provided however, that you agree that if you actually use as the basis of a production any legally protectible portion of the material owned by me (provided it has not been obtained by you from another source or independently created by you) without a separate written agreement between us, you will pay me an amount equal to the compensation normally paid to persons of my stature in the entertainment industry (as of the date of this submission) to acquire similar material (the "reasonable value").

4. If there is any dispute concerning, arising out of or in connection with the material or this agreement, I agree that my sole remedy shall be to commence an arbitration by a single neutral person seeking actual damages for the reasonable value, which amount shall in no event under any theory exceed the Flat Deal Screen Minimum Compensation for a Story or Treatment for a High Budget Theatrical Photoplay as set forth in the Writers Guild of America Minimum Basic Agreement current at the first instance of your alleged use. In no event will I be entitled to rescind or terminate this agreement and/or any rights granted to you under this agreement, or to enjoin, restrain or interfere with in any way whatsoever any production or program produced by you, or the distribution and exploitation thereof. If the parties fail to agree upon a single person to arbitrate the dispute within 60 days after one party has elected to arbitrate by written notice, then either side may apply to the US Superior Court for the appointment of the sole person to arbitrate the dispute. The arbitration shall be confidential and conducted in Seattle, Washington in accordance with the American Arbitration Association Commercial Arbitration Rules in effect when the hearing takes place and/or such other rules adopted by the person arbitrating the dispute. The award rendered by the neutral person arbitrating the dispute shall be binding upon the parties and judgment may be entered thereon in any court of competent jurisdiction. Each of us consents to the jurisdiction of the Washington State and Federal courts of the United States of America.

5. I acknowledge and agree that you may assign or license this agreement and/or all or any of your rights under the agreement. I agree that this agreement shall inure to your benefit and the benefit of your heirs, successors, representatives, assigns and licensees.

6. I have retained at least one copy of the material (if a written copy exists), and I release you of and from any obligation to return the material and from any and all liability for loss of, or damage to, the material submitted to you.

7. I acknowledge that I have read and understand this agreement, that no oral representations of any kind have been made to me, that I have not relied on any statements or representations outside the text of this agreement, and that this agreement states our entire understanding with reference to its subject matter. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us.

8. Except as may be expressly set forth in this agreement, I 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 any claim that you have used or appropriated the material. I understand that I may be waiving rights with respect to claims that are at this time unknown, and in accordance with such waiver, I assume all risks and waive all rights. I acknowledge that I have read and understand and hereby waive the benefits of Section 1524 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

9. I understand that if more than one person electronically accepts this agreement, the reference to "I" or "me" throughout this agreement shall apply to each person jointly and severally.

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 be construed under and governed by the laws of Washington State, United States of America.

Heavy Weapon™ by Scorpi0wn3d Productions.
© 2007 Scorpi0wn3d Productions & David Desjardin.
Heavy Weapon script Registered WGA(w)