IFP CHICAGO SCREENWRITER'S WORKSHOP TERMS OF SERVICE

 

1. I acknowledge that because of your position in the entertainment industry you receive 

numerous solicited and unsolicited submissions of ideas, formats, stories, suggestions and the 

like, and that many such submissions heretofore or hereafter received by you are similar to or 

identical to those developed by you or your employees or to those otherwise available to you. 

Further, I acknowledge that you have adopted the policy, with respect to unsolicited submission 

of material, of refusing to accept, consider or review such material unless the person submitting 

such material has signed an agreement in form substantially the same as this. Accordingly, I 

acknowledge that you would refuse to accept, consider or otherwise review the Material in the 

absence of my acceptance of each and all provisions of this agreement ("Agreement"). I 

acknowledge that no fiduciary or confidential relationship now exists between you and me, and I 

further acknowledge that no such relationships are established between you and me by reason of 

this Agreement or by reason of my submission to you of the Material. 

2. In consideration of your receipt of the Material, I hereby agree to execute this Agreement. I 

acknowledge that you have no obligations to me except as set forth in this Agreement, and that 

no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at 

this time you have no intent to compensate me in anyway and I have no expectation of receiving 

any compensation. 

3. I warrant that I am the sole owner and author of the Material and that I have full right to 

submit it to you upon the terms and conditions stated herein. I will indemnify you from and 

against any and all claims, expenses, losses or liabilities (including attorneys' fees) that may be 

asserted against you or incurred by you, at any time, in connection with the Material or any use 

thereof, arising from any breach or alleged breach of these warranties. 

4. I acknowledge that materials developed by you may contain similarities to the Material. I 

hereby waive and agree that I will never make any claim or demand or bring any action against 

you in connection with the use of the Material. In this connection, I hereby release and absolutely 

and forever discharge you of and from any and all claims, damages, legal fees, costs, expenses, 

debts, actions and causes of action of every kind and nature whatsoever, whether now known or 

unknown, suspected or unsuspected, asserted or unasserted, which I now have, or at any time 

heretofore ever had or which I may have in the future, against you which in any way arise out of 

or in connection with the Material. 

5. Any dispute concerning this Agreement, including, without limitation, the validity or effect of 

this Agreement shall be litigated in the courts located in the County of Cook, State of Illinois, 

and both parties consent to the jurisdiction and venue of such courts, and agree not to initiate any 

action against the other elsewhere. At your sole election, any such dispute may be submitted to 

arbitration in the County of Cook, State of Illinois, in accordance with the rules and regulations 

of the American Arbitration Association then in effect, provided that said arbitration shall be 

heard before a single arbitrator, selected pursuant to said rules and regulations. Said arbitrator 

shall be well acquainted with the entertainment business in the County of Cook. The arbitrator's 

decision shall be controlled by the terms and conditions of this Agreement and shall be final and 

binding. Judgment upon the award of the arbitrator may be enforced in any court of competent 

jurisdiction. The prevailing party shall be entitled to recover from the losing party, in addition to 

all other relief to which it may be entitled, its costs and expenses, including, without limitation, 

actual attorneys' fees and the costs of expert witnesses. In the event of any dispute concerning 

this Agreement, my sole remedy shall be to seek damages and in no event shall I be entitled to 

seek injunctive or other equitable relief. 

6. I have retained a copy of the Material, and I release you from any liability for loss or other 

damage to the copy or copies submitted by me. I understand that your returning the Material to 

me shall not terminate or affect any rights or obligations under this Agreement. You shall have 

the right, but not the obligation, to retain a photocopy of the Material for your files. Electus 

submission release form 3 

7. If said material is submitted by more than one person, the word “I” shall be deemed changed 

to “we” (and the corresponding verb changed to the first person plural), and this Agreement will 

be binding jointly and severally upon all such persons. 

8. Any provision or part of any provision which is void or unenforceable shall be deemed 

omitted, and this Agreement with such provision or part thereof omitted shall remain in full force 

and effect. This Agreement shall at all times be construed so as to carry out the purposes stated 

herein. 

9. This Agreement may not be changed, modified, terminated or discharged except in writing 

signed by both you and me. This Agreement, regardless of where executed or performed, shall be 

governed by, construed and enforced in accordance with the laws of the State of Illinois 

applicable to agreements executed and to be wholly performed therein. 

10. I hereby state that I have read and understand this Agreement; that no oral representations of 

any kind have been made to me; that there are no prior or contemporaneous oral agreements in 

effect between us pertaining to said material; and that this Agreement states our entire 

understanding. 

11. I understand that I have the right to seek the advice of independent counsel concerning my 

rights, the provisions hereof, and the advisability of executing this document. Further, I 

acknowledge that I have been advised by you, and you have given me the opportunity, to seek 

the advice of independent counsel, and I acknowledge that I am executing this Agreement 

voluntarily after consultation with independent counsel or after intentionally deciding not to do 

so.