Abbot Management's Screenplay Submission Form

I, the author of the attached Screenplay, am voluntarily submitting said Screenplay, and hereby request that you, ABM Abbot Management LLC read and evaluate said Screenplay for consideration to submit to independent/studio television/film production companies along with other individuals/companies whom Abbot Management sees fit to submit to.

I understand that Abbot Management would refuse to accept or otherwise evaluate said Screenplay in the absence of the acceptance by me of each and all of the provisions of this release. I represent and warrant that I am the author of the attached Screenplay; that I am the present and sole owner of all right, title and interest in and to said Screenplay; that I have the exclusive unconditional right and authority to submit said Screenplay to you upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the use of said Screenplay as set forth herein. I will indemnify and hold you harmless from any and all claims, expenses, losses, or liabilities that may be asserted against or incurred by you at any time in connection with your use of said Screenplay, including without limitation those arising from any breach or alleged breach of the warranties and promises given by me herein, including reasonable attorneys' fees and other costs incurred defending against the same.



I retain all rights to submit this or similar material to persons or entities other than Abbot Management. I knowingly acknowledge that no fiduciary or confidential relationship now exists between me and Abbot Management and I further acknowledge that no such relationships are established between me and Abbot Management by reason of this Agreement or by reason of my submission to Abbot Management of said Screenplay.



I acknowledge that Abbot Management along with the potential buyers that Abbot Management submits screenplays to receives numerous submissions of ideas, formats, stories, suggestions, screenplays, and the like, and that new ideas for motion pictures and television programs are constantly being submitted to or being developed by Abbot Management and Abbot Management's potential Buyers. I also acknowledge that many stories and ideas are similar, and often different stories and ideas relate to one or more common underlying themes. I acknowledge that Abbot Management and Potential Buyers may have had access to and/or may have independently created or have had created ideas, themes, formats, stories, suggestions screenplays and/or other materials which may be similar or identical to the theme, plot, idea, format or other element of the material now being submitted by me. I understand and agree that I will not be entitled to any compensation because of the use by Abbot Management of any such similar or identical material.



Furthermore I understand that the submission of the Screenplay to Abbot Management will expose the Screenplay to others and hereby specifically release Abbot Management from any and all liability, direct or indirect, resulting from the improper use by any other persons or entities of any similar ideas, formats, stories, suggestions and the like relating to said Screenplay. I have retained at least one copy of said Screenplay and release you from any and all liability for loss or other damage to copies of said Screenplay submitted to you hereunder. This release extends to Abbot Management., its agents, associates, assignees, employees, officers, directors, interns, and volunteers.



I have retained a copy of the Screenplay, and I release Abbot Management from any liability for loss or other damage to the copy or copies submitted by me.   I understand that Abbot Managements returning the Screenplay to me shall not terminate or effect any rights or obligations of this Agreement.  Abbot Management shall have the right, but not the obligation, to retain a photocopy of the Screenplay for their files, and a digital copy for their database.



Any dispute concerning this Agreement, including, without limitation, the validity or effect of this



Agreement shall be litigated in Abbot Managements choice of courts, either located in the County of Los Angeles, State of California, or the County of Manhattan, State of New York.   Both parties consent to the jurisdiction and venue of such courts, and agree not to initiate any action against the other elsewhere. At Abbot Managements sole election, any such dispute may be submitted to arbitration in Abbot Managements choice of the County of Los Angeles, State of California, or the County of Manhattan, State of New York in accordance with the rules and regulations of the American Arbitration Association then in effect, provided that said arbitration shall be heard before a single arbitrator, selected pursuant to said rules and regulations. Said arbitrator shall be well acquainted with the entertainment business in the County of Los Angeles or New York City. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and shall be final and binding. Judgment upon the award of the arbitrator may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the losing party, in addition to all other relief to which it may be entitled, its costs and expenses, including,



without limitation, actual attorneys' fees and the costs of expert witnesses. In the event of any dispute concerning this



Agreement, my sole remedy shall be to seek damages and in no event shall I be entitled to seek injunctive or other equitable relief or undertake any legal efforts to restrict the exploitation of the Screenplay.



I hereby acknowledge that I am familiar with Section 1542 of the Civil Code of the State of California, which section reads 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." I hereby waive and relinquish any and all rights and benefits which I have or may have under Section 1542 of the Civil Code to the full extent that I lawfully may waive and relinquish any and all such rights and benefits.



I hereby acknowledge and agree that there are no prior or contemporaneous agreements, oral or otherwise, in effect between Abbot Management and me pertaining to said Screenplay including, but not limited to, agreements pertaining to the submissions by me of any ideas, formats, plots, characters, or the like. I further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by Abbot Management Ltd. and me.



Should any provision or part of any provisions 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 at all times be construed so as to carry out the purposes stated herein. 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 both by the undersigned and Abbot Management.