Pitch Your Show

I am hereby submitting written and audio or visual materials related to the Project (“Submitted Materials”) on the following terms:

I represent, warrant and agree as follows:

1. I represent and warrant that I am at least 18 years of age and a legal resident of the United States.
2. I acknowledge that the Submitted Material is submitted by me voluntarily, on an unsolicited basis, and not in confidence, and that no confidential relationship is intended or created between us by reason of my submission of the Submitted Material. Nothing in this Submission Agreement, nor the submission of the Submitted Material, shall be deemed to place Neon Television in any different position from any other member of the public with respect to the Submitted Material.
3. Neon Television shall not use the Submitted Material for commercial purpose(s) unless Neon Television first negotiates with me and we finalize an agreement. Notwithstanding the foregoing, I understand and agree that Neon Television’s use of material containing features or elements similar to or identical with those contained in the Submitted Material shall not obligate Neon Television to negotiate with me nor entitle me to any compensation if Neon Television has an independent legal right to use such other material which is not derived from me (either because such features or elements were not new or novel, or were not originated by me, or were or may hereafter be independently created and submitted by other persons, including Neon Television’s employees, or are not protectable elements under intellectual property laws and regulations).
4. I acknowledge that Neon Television and Neon Television’s affiliates, parents, subsidiaries and agents develop, generate and receive numerous submissions of ideas, formats, suggestions and other materials from third parties and that many of same might be similar or identical to the Submitted Material. I agree that I will not be entitled to any compensation or other consideration as a result of any use by Neon Television or Neon Television’s parents, subsidiaries, agents and/or affiliates of any such similar or identical submissions.
5. I agree that no obligation of any kind is assumed or may be implied against Neon Television by reason of Neon Television’s consideration of the Submitted Material or any discussions or negotiations we may have with respect thereto, except pursuant to this Submission Agreement executed by Neon Television and me which, by its terms, is the only contract between us. Neon Television is under no obligation to return the Submitted Material to me.
6. In the event of a breach or alleged breach (a) related to the Submitted Materials, or any part or idea therein, or the submission thereof, or (b) relating to this Agreement, my remedies will be limited to a remedy at law for damages. In no event shall I be entitled by reason of any such breach or alleged breach to terminate or rescind this Submission Agreement or any of the rights granted hereunder to Neon Television, or to enjoin or restrain the development, production, distribution, advertising or other exploitation of any of Neon Television’s productions or those of Neon Television or Neon Television’s parents, subsidiaries, agents and/or affiliates. Any dispute relating to this Agreement will be resolved by binding arbitration before a single arbitrator. All arbitration proceedings will be administered by JAMS in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof, including its optional appeal procedure (the “JAMS Rules”). The arbitration will be conducted in the County of Los Angeles, California.
7. This is our entire agreement. No statements or representations have been made except those expressly stated in this Submission Agreement. This Submission Agreement may be modified only by subsequent written agreement signed by both Neon Television and me.
8. This Submission Agreement will be interpreted in accordance with the laws of the State of California, applicable to agreements made and performed therein.
9. Neon Television may freely assign Neon Television’s rights under this Submission Agreement.
10. I agree to indemnify Neon Television and Neon Television’s parents, subsidiaries, agents and/or affiliates (each, an “Indemnified Party(ies)”) from and against any and all claims, expenses, damages, actions, causes of action, losses or liability (including, without limitation, attorneys’ fees and costs) that may be asserted against, imposed on or incurred by any Indemnified Party at any time in connection with the Submitted Material. I release the Indemnified Party(ies) from all claims, demands and liabilities, known or unknown, which may arise in relation to the Submitted Materials, except for fraud or willful tortious conduct on your part. Specifically, I waive the provisions of Section 1542 of the California Civil Code which provides: “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 TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”