I, the undersigned, hereby acknowledge that Andrew Osborne (d/b/a New England Screenwriters) will not read, review or discuss any creative projects, written work and/or written or spoken ideas, concepts, scenes, outlines, screenplays, etc. ("Material") submitted and/or otherwise presented without this signed Release Form, and by signing this release form, I concede and agree to the following statements, terms and conditions:

 

I intend to present creative Material to Andrew Osborne for his evaluation and to obtain his comments, insights and suggestions ("Consultation") regarding my Material.  Before receiving said Consultation, I will provide Mr. Osborne with this signed release form, after which I will receive an invoice stating the monetary cost of the Consultation (“Consulting Fee”).  After I have paid the Consulting Fee, Mr. Osborne will review the following Material, identified below:

 

PLEASE DESCRIBE THE MATERIAL YOU ARE SUBMITTING, including current title (if any), format (i.e., “story concept,” “outline,” “5-page scene,” “100-page first draft of screenplay,” etc.) and a BRIEF summary (i.e., “A horror movie about radioactive vegetables,” “Several unrelated scenes about a group of characters at a Renaissance Faire,” etc.):

 

 

 

 

 

 

 

 

 

 

 

 

I understand that literary evaluation is highly subjective, and I may not appreciate, value or agree with my Consultation regarding the aforementioned Material.  However, I further acknowledge that the Consulting Fee I pay to Mr. Osborne is non-refundable, regardless of my opinion of the related Consultation and/or the resultant salability, success, improvement and/or non-improvement, etc. of my Material.  I further understand that Andrew Osborne, New England Screenwriters and their affiliates have no obligation with regard to the Material aside from providing Consultation, and that failure on my part to provide accurate contact information for the purpose of receiving e-mail and/or telephone communication from Mr. Osborne and/or my inability to meet with Mr. Osborne (in person or by telephone) for the purpose of Consultation shall not entitle me to a refund of the Consulting Fee nor negate the provisions herein.

 

I attest the Material submitted is original with me, undersigned below, and that I have full power and authority to submit the Material for Consultation under the terms of this agreement and international copyright law, and in the case of joint authorship of Material, that all parties with claims to the Material and its copyright are undersigned below and bound by the terms and conditions of this agreement, whether or not they pay the Consulting Fee and/or receive Consultation.

 

I have retained a copy of the Material and agree that Andrew Osborne shall not be obligated to return the Material, and I release Andrew Osborne, New England Screenwriters and their affiliates from all liability if the Material is lost, misplaced, stolen or destroyed.

 

I understand it is my responsibility to copyright and/or register the Material with the Writer’s Guild of America prior to submitting it for Consultation, and hereby release Andrew Osborne, New England Screenwriters and their affiliates from any claims that arise from my failure to do so.

 

I acknowledge that Mr. Osborne is, among other things, a writer, artist, filmmaker, director, teacher, student, entertainment consumer, game designer, screenplay consultant and sole proprietor of New England Screenwriters, and as such is exposed to, has been exposed to, generates and has generated many stories, ideas, elements, works and concepts.  I further acknowledge that many stories, ideas, elements, works and concepts are similar, and there is always a possibility that stories, ideas, elements, works and concepts generated by Mr. Osborne and/or other parties in the past, present and/or future may in some way resemble the Material submitted for Consultation.

 

I hereby indemnify Andrew Osborne, New England Screenwriters and their affiliates from and against any and all claims, expenses, losses or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against and/or incurred by Andrew Osborne, New England Screenwriters and/or their affiliates at any time in connection with the Material, and/or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein, and/or any and all claims, liabilities and demands that may be made by me asserting that Andrew Osborne and/or his affiliates has/have used or appropriated and/or will use or appropriate the Material or any portion thereof.

 

In the event of any dispute concerning the Material and/or Consultation and/or Consulting Fee or concerning any claim of any kind or nature arising in connection with the Material and/or Consultation and/or Consulting Fee or arising in connection with this agreement, such dispute will be submitted to binding arbitration.  Each party hereby waives any and all right and benefits, which he or she or it may otherwise have or be entitled to under the laws of the State of Massachusetts to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes.  The arbitration shall be conducted in the State of Massachusetts, and shall be governed by and subject to the laws of the State of Massachusetts and the then prevailing rules of the American Arbitration Association.  The arbitrators’ award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.

 

I agree that this agreement shall be governed by the laws of the state of Massachusetts applicable to agreements executed and to be fully performed therein.  Any request for additional writing services beyond Consultation may require the execution of additional documents which may or may not supersede some or all of the provisions herein.  Any modification or waiver of any of the provisions of this agreement must be in writing and signed by Andrew Osborne and the undersigned.

 

 

 

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Print Full Name                                                Signature & Date

 

 

 

_________________________________      ______________________________________________

Print Co-Author’s Full Name                            Co-Author’s Signature & Date

 

 

 

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Print Co-Author’s Full Name                            Co-Author’s Signature & Date

 


Service requested:

 

___Full screenplay analysis (by phone)     

 

___Full screenplay analysis (in person)     

 

___Written screenplay analysis

 

___Unfinished screenplay consultation (by phone)     

 

___Unfinished screenplay consultation (in person)

 

___Writing services