SHADOWANDACT.COM  2010 FILMMAKER CHALLENGE #2

SUBMISSION RELEASE FORM

1. I understand that TAMBAY A OBENSON will be evaluating the Material as a basis for providing services to me and/or considering a potential further relationship with me. I further understand that TAMBAY A OBENSON has a policy of refusing to review or consider creative materials for any purpose, unless the submitter signs a release defining the conditions of such a submission. I am executing this Submission Release (”Release”) with the express understanding that TAMBAY A OBENSON will review and evaluate the Material solely and completely in reliance upon this Release and my covenants and warranties herein. I specifically acknowledge that TAMBAY A OBENSON would refuse to review the Material in the absence of my agreement to each and every provision of this Release. Furthermore, it is expressly understood that neither TAMBAY A OBENSON nor I shall be obligated to enter into any further agreement relating to the Materials.

2. I understand and acknowledge that because of TAMBAY A OBENSON’s position (i) he receives numerous submissions of scripts and other creative works from third parties, and (ii) he is constantly developing in-house ideas, scripts, treatments, stories, concepts, artwork, music, and the like, and that many such submissions and/or developments heretofore or hereafter received and/or developed by TAMBAY A OBENSON may be similar to or identical to those contained in my Submission. I understand and agree that TAMBAY A OBENSON’s use of material containing elements similar to or identical with protectable property contained in the Material shall not obligate TAMBAY A OBENSON to me in any manner if TAMBAY A OBENSON shall have developed or obtained such material either heretofore or hereafter independently or exclusively from sources other than from me.

3. I acknowledge that no fiduciary or confidential relationship now exists between TAMBAY A OBENSON and me, and I further acknowledge that no such relationship is established by execution of this Release, my submission of the Material, or by TAMBAY A OBENSON’s acceptance, review or retention of the Material.

4. I warrant and represent that I am the sole author of the Material or that I have the right to submit the Material. I further warrant and represent that to the best of my knowledge the Material and all elements thereof are (i) my original creations and do not violate any copyright, proprietary rights, rights of confidentiality, or other rights of any person or entity and that no third party has any rights, title or interest therein or thereto except as may be specifically identified on the Material in writing, and (ii) to the extent that I have included in the Materials music or songs composed by others, I have re-recorded such music or songs solely for the purpose of allowing TAMBAY A OBENSON to evaluate my skill as a producer or musician and where required I have either obtained permission from the relevant third party composer to rerecord their work or such music or song is considered in the “public domain” and permission from a third party is not required. I agree to defend, indemnify and hold TAMBAY A OBENSON harmless from and against any and all claims, expenses, losses or liabilities, including any reasonable attorney’s fees and costs, that may be incurred by or asserted against TAMBAY A OBENSON in connection with the Material.

5. I understand that TAMBAY A OBENSON will not intentionally use the Material or any part thereof for any purpose other than as provided herein unless TAMBAY A OBENSON and I hereafter enter into a written agreement for the acquisition of rights therein, and that TAMBAY A OBENSON shall not be obligated to pay anything to me or any other person, firm or corporation in the absence of such written agreement.

6. I understand that any dispute concerning your alleged unauthorized use of the Material, or arising out of or with reference to my submission of this Release, its validity, construction, or performance shall be submitted to arbitration in the State of New York for determination. If the arbitrators determine that TAMBAY A OBENSON used legally protectable portions of the Material without my consent, I agree that the amount of any award to me shall not exceed the fair market value as of the date of this Release of the protectable portions of the Material used, but in no event more than the applicable Writers Guild of America minimum scale payment for such material.

7. I agree that I must give TAMBAY A OBENSON written notice by certified or registered mail at his address set forth above of any claim arising in connection with the Material or arising in connection with this Agreement, within the period of time prescribed by the applicable statute of limitations, but in no event more than ninety (90) calendar days after the date on which I first acquire knowledge of such claim, or I first learn sufficient facts to put me on notice of such a claim. My failure to give TAMBAY A OBENSON such written notice shall be deemed an irrevocable waiver of any rights I might otherwise have had with respect to such claim.

8. I have retained at least one copy of the Material, and I hereby release TAMBAY A OBENSON of all liability for loss or destruction of, or damage to, said Material.

9. I understand that it is my sole responsibility to protect the Material, including filing a copyright registration with the appropriate government agency and/or filing or registering the Material with the Writers Guild of America.

10. I understand that the services of TAMBAY A OBENSON, and the results thereof, are subjective in nature and that reasonable people may disagree as to the merits of the Material. I agree that TAMBAY A OBENSON cannot warrant or guaranty that his review of the Materials will result in a complimentary or positive evaluation.

11. This Release shall inure to the benefit of, and be binding upon, each of us and our respective heirs, successors, representatives, assigns and licensees. Should any provision or part of any provision of this Release be void or unenforceable, such provision or part thereof shall be deemed omitted, and replaced by a legal provision which most closely reflects the parties’ intent as expressed herein. As so modified, this Release shall remain in full force and effect. This Release shall be construed according to the internal substantive laws of the State of New York without reference to conflicts of law provisions. This Release may not be changed, modified, terminated or discharged except by a writing signed by both parties.

12. If more than one party signs this Release as submitter, the reference to “I” or “me” shall apply to each such party, jointly and severally. All reference to TAMBAY A OBENSON herein shall refer to TAMBAY A OBENSON, any parent or subsidiary thereof, and any and all heirs, successors, representatives, licensees, and assigns, and their officers, directors, agents, servants, employees, stockholders, and licensees. TAMBAY A OBENSON may assign his rights and obligations under this Agreement to any person, corporation or other entity, in his sole discretion.

By filling in my name, email address and date in the below form, I’m agreeing to the above terms.