Terms & Conditions
If submitting content / script to the Directors of Gennaker Limited/Western Edge Pictures Limited I herby agree:
1. I am submitting to you herewith certain written material (the "Material") identified above,
for your evaluation and in order to obtain your comments and suggestions ("Comments").
2. I recognise that your files are replete with ideas and stories for theatrical motion pictures
and television programs, and that new ideas for motion pictures and television programs are
constantly being submitted to you or being developed by you. I also recognise that many
stories and ideas are similar and often different stories and ideas relate to one or more
common underlying themes and story elements.
3. In consideration of the foregoing and your agreeing to accept and review the Material, I
agree to the following:
I acknowledge that the Material was created and written by me without any suggestion or
request from you that I write or create the Material.
4. You agree that you will not use the Material or any part thereof unless you either:
(a) enter into an agreement with me granting you the right to use the Material; or,
(b) determine in good faith that you have the independent legal right without my consent to
use all or any part of (or any features or elements in) the Material either because;
(i) I do not own or control such Material or such features or elements, or
(ii) the Material or features or elements used by you and claimed by me to be the Material or
embodied in the Material is in the public domain, is not new or novel, is not legally protected
or protectable, or was independently developed by you or obtained by you from other
sources including your own employees.
5. You may, however, reprint or publish extracts from your Comments as examples for
educational and/ or promotional purposes, provided neither myself nor the title of my Material
is identified. I further understand that you may make similar comments on other materials,
and acknowledge that the copyright and ownership of the comments themselves (as distinct
from any changes or contributions to my Material, including story changes, that may be
made pursuant to the Comments) remains with you.
6. In no event, in the absence of any written agreement between us, shall any agreement to
use or compensate me for the use of the Material or any other Materials, features or
elements claimed by me to be embodied in the Material, or any other obligation, be implied.
7. If I should claim that you have used all or any part of the Material or any features or
elements in the Material or breached any alleged agreement to use or compensate me for
the use of the Material or any features or elements thereof, I undertake the entire burden of
proof of originality, copying, similarity, and all other elements necessary to establish your
liability, and agree that my submission of the Material shall in no event give rise to a
presumption or inference of copying or taking or that anyone in your organisation, other than
the particular individual to whom the Material is delivered by me, had access to the Material
or examined same.
8. If I should bring any action against you for wrongful appropriation of the Material or any
features or elements thereof or any breach of any alleged agreement to use or compensate
me for the use of the Material or any features or elements thereof, or any claim based, in
whole or in part, on the submission of the Material or any other matters or events relating to
or based in whole or part on the submission of the Material, such action shall be limited to an
action at law for damages only which damages shall in no event exceed the sum of 3% of
the budget of any film being made and based on the alleged wrongful appropriation, and that
I shall in no event be entitled to an injunction or any other equitable relief. Should I be
unsuccessful in any such action, I assume, and agree to pay you upon demand all of your
costs and expenses entailed in defending or contesting such actions on a full indemnity
9. I further agree that as a condition precedent to any such action, I will give you prior written
notice thereof specifying in complete detail the grounds on which I will base such action and
that any such action shall be and is hereby forever waived and barred unless duly filed by
me within six months after you first publicly release or use the Material (or any claimed
features or elements thereof) or ninety days after you notify me in writing that you deny
liability to me, whichever is earlier.
10. In agreeing to the provisions of the preceding paragraph, I understand that I may be
waiving rights with respect to claims that are at this time unknown or unsuspected.
11. I have retained a copy of the Material and agree that you shall not be obligated to return
the Material to me, and I release you from all liability if the Material is lost, misplaced, stolen
12. I acknowledge that you are under no obligation to use the Material in any manner. I
further represent and warrant that the material is original with me, that I am the author and
sole and exclusive owner of the Material and of all rights in and to the Material, and that I
have full power and authority to submit the Material to you on the foregoing terms and
conditions, each and all of which shall be binding on me, my agents, heirs, successors,
licensees and assigns.
13. This Agreement shall inure to your benefit and to the benefit of your employees, agents,
successors, licensees and assigns. This Agreement shall be construed under the law and
jurisdiction of England and Wales. This agreement supersedes any and all prior and
contemporaneous agreements between the parties. Any change hereto shall not be effective
unless made in a writing signed by both parties. This Agreement may be executed in
counterparts, and/or by fax or e-mail.