RELEASE FORM
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 by me 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 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 agree with the opinions offered in the Consultation. 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.
I attest the Material submitted is original with
me, the undersigned, or 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, and that I have full power and authority to submit the Material for Consultation under the
terms of this agreement and domestic and international copyright law.
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 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 and understand 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 and generates many stories, ideas,
elements, works and concepts. I further acknowledge and understand 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 and/or future may in some way resemble the Material
submitted for Consultation.
Therefore, 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 or incurred by Andrew
Osborne, New England Screenwriters and/or their affiliates at any time in connection with the Material, or any use thereof,
including without limitation those arising from any breach of the warranties and promises given by me herein, including any
and all claims, liabilities and demands that may be made by me or my affiliates asserting that Andrew Osborne and/or his affiliates
has/have used or appropriated the Material or any portion thereof.
In the event of any dispute concerning the Material
or concerning any claim of any kind or nature arising in connection with the Material or arising in connection with this agreement,
such dispute will be submitted to binding arbitration. Each party hereby waives
any and all right(s) and benefit(s), which he or she or it may otherwise have or be entitled to under the laws of the Commonwealth
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 Commonwealth of Massachusetts,
and shall be governed by and subject to the laws of the Commonwealth 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 Commonwealth of Massachusetts applicable
to agreements executed and fully performed therein. Any request(s) for additional
writing services by Mr. Osborne 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 Author’s Full Name
Author’s Signature & Date
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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