The Submission Release Agreement serves as a critical risk management tool in creative industries where unsolicited materials are frequently received. This document has become standard practice in the United States, particularly in entertainment hubs like California and New York, where intellectual property disputes are common. The agreement typically includes provisions for rights declaration, independent creation acknowledgment, and release of future claims. It's essential for companies to have this protection in place before reviewing any unsolicited creative materials.
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1. Parties: Identifies the submitting party and the receiving entity
2. Background: Explains context of submission and purpose of agreement
3. Definitions: Defines key terms including 'Submitted Materials', 'Intellectual Property Rights'
4. Submission Acknowledgment: Confirms voluntary nature of submission and no confidential relationship
5. Rights Declaration: Establishes submitter's ownership of materials and right to submit
6. Release of Claims: Waiver of future claims related to similar materials or projects
7. Independent Creation: Acknowledgment that receiving party may have similar projects in development
8. Governing Law: Specifies jurisdiction and applicable laws
1. Consideration: Details any payment or consideration for submission review
2. Confidentiality: Terms regarding confidentiality of submission process
3. Return of Materials: Provisions for return or destruction of submitted materials
4. Dispute Resolution: Specific procedures for handling disputes
1. Schedule A - Description of Submitted Materials: Detailed description of all materials being submitted
2. Schedule B - Submission Guidelines: Company's standard submission guidelines and procedures
3. Schedule C - Rights Documentation: Documentation proving ownership of submitted materials
Relevant legal definitions
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