Terms & Conditions
It is understood you (“Writer”) have read this agreement and you (“Writer”) hereby acknowledge and agree to all of the terms of the agreement as stated below.
You (“Writer”) have written a Screenplay, Pitch, Treatment, or other Creative Document (the “Work”) for a possible future theatrical motion picture production, television motion picture, TV series pilot, TV half hour or hour script, web series, or short film. Writer submits to GetMade Script Consulting (“GetMade”) the Work in the form of an electronic data file via e-mail, for GetMade’s evaluation and/or proofing and editing. The Work is being submitted under the terms and conditions stated herein (this “Terms and Conditions/Submission Agreement”).
Writer represents and warrants that he/she is at least eighteen (18) years of age, the sole owner and author of the Work; that Writer has full right to submit it to GetMade upon the terms and conditions stated herein; that the consent of no other person or entity is required to fully exploit the Work and none of the rights granted herein will libel or defame any third party or otherwise violate the rights of any third party, whether under copyright or otherwise. Writer will abide by all applicable copyright and other laws applicable to the GetMade’s consultation, including without limitation any notices or restrictions contained in this Terms and Conditions/Submission agreement.
Writer has no obligations to GetMade except as set forth in this Agreement, and no other obligations exist or shall exist or shall be deemed to exist between Writer and GetMade. There are no refunds for the GetMade’s screenplay consultation services.
GetMade acknowledges that Writer and or his/her heirs represent and warrant full ownership of the Work and all rights to the material.
It is Writer’s sole responsibility to protect the Work, including filing or registering the Screenplay with the Writers Guild of America or the United States Copyright Office. GetMade strongly recommends that Writer register the Screenplay with one or both of the aforementioned parties.
If the Work is submitted by more than one person, all instances of the word “Writer” herein shall be deemed changed to “Writers” and this Agreement will be binding jointly and severally upon all such persons (“Writers”).
NOW, THEREAFTER, in consideration of the premises and mutual covenants herein contained, the parties (GetMade and Writer) agree as follows:
1. All information disclosed by Writer to GetMade, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the Work, including the Work itself, shall be deemed confidential and shall constitute Confidential Information, and shall include:
(i) all documents generated by GetMade which contain, comment upon, or relate in any way to any Confidential Information received from Writer,
and (ii) any written samples of the Submission (“Screenplay”) or (“Treatment”) received from Writer together with any information derived by GetMade there from.
2. Confidential Information shall not include any information:
.(i) That GetMade can show by documentary evidence was known to GetMade or prior to the date of its disclosure to GetMade by Writer or
.(ii) That becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of GetMade or any other party having an obligation of confidentiality to Writer; or,
.(iii) That is subsequently disclosed by Writer to any person, firm or corporation on a non-confidential basis; or
.(iv) That GetMade can conclusively show by documentary evidence that such information was developed independent of any access to the Confidential Information.
3. Writer will disclose the Confidential Information to GetMade solely for the purpose of allowing GetMade to evaluate and edit the Work submission.
4. GetMade agrees to accept disclosure of the Confidential Information and to exercise the same degree of care to maintain the Confidential Information secret and confidential as is employed by the GetMade to preserve and safeguard his own materials and confidential information.
5. The Confidential Information shall remain the property of the Writer and shall not be disclosed or revealed by GetMade.
6. GetMade shall notify Writer of any determination it may arrive at with respect to the further development of the submission, provided, however, that, in doing so, GetMade shall not directly or indirectly disclose any Confidential Information to any third party, without the consent of Writer.
7. Nothing in this agreement shall be deemed a sale or offer for sale or option of the Work, and nothing contained herein shall in any way obligate Writer to grant to GetMade a license or any other rights, directly or by implication. GetMade’s creative ideas, notes and suggestions about the Writer’s Work, are given to the Writer as part of the consultation service and Writer is free to use or not to use the suggestions as desired. GetMade holds no claim over creative suggestions offered as part of the consultation service.
8. Because of GetMade’s position and the position of GetMade’s consultants in the entertainment industry, GetMade’s consultants are continuously exposed to screenplays, teleplays, novels, short stories, formats, treatments, outlines, pitches, loglines, presentations, stories, films, games and the like, which may be similar to those already developed by Writer or related parties, or to those otherwise related to Writer (and which may be based on underlying material owned or controlled by Writer), and often many similar ideas/stories relate to one or more common underlying themes in different projects that may already exist. Writer shall indemnify and hold harmless GetMade from and against any and all liability, judgments, claims, costs, damages, losses and expenses (including without limitation costs and attorneys’ fees whether or not in connection with litigation) arising out of or in connection with similar creative ideas.
9. No Professional Advice Guarantee or Promise: The information contained in or made available by GetMade in the consultation of your feature screenplay, short screenplay, story treatment, TV series pilot, TV half hour or hour script, TV movie script, web series script, or short film script will not place GetMade liable for any direct, indirect, consequential, special, exemplary or other damages, including economic loss, that may result from the use of, or the inability to use, the materials, information or strategies communicated through the consultation, or any products or services provided before or after the consultation, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will GetMade be liable for any special or consequential damages that result from Writer’s participation in the consultation. In other words: You, the Writer, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in the consultation, you agree not to attempt to hold GetMade liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this consultation at any time, now or in the future, under any circumstance.
10. The screenplay consultation services delivered to Writer by GetMade in the form of video consultation or an electronic data file via e-mail, may not be used or distributed or referred to in any public or private arena. Use or reference to these services or the use of GetMade’s name to endorse or promote any screenplays or projects, in any way without express permission of GetMade, is prohibited.
11. This agreement sets forth the entire agreement between the parties and may not be amended or modified except by a writing signed by all of the parties.
12. This Agreement may not be changed, modified, terminated or discharged except in writing signed by both Writer and GetMade. This Agreement, regardless of where executed or performed, shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to the conflict of law’s provisions thereof.