Producer Submissions Release
Execution of this Release is a prerequisite to TPT’s review of submission materials which include, without limitation, all documents, ideas, correspondence, media, recordings, works, and any other materials Submitter provides to TPT (“Materials”). All references to TPT herein shall include any subsidiary or affiliated entities as well as TPT’s directors, officers, agents, employees, consultants, contractors, lessees, licensees, successors and assigns. Submitter provides this release on behalf of itself and all other persons or entities that may claim an interest in the Materials. Submitter and all such other persons or entities are collectively the “Submission Owner.”
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Submission Owner hereby agrees, represents, and warrants as follows:
- Neither submission of the Materials nor any previous or subsequent discussions with TPT about the Materials create any confidential or fiduciary relationship between TPT and Submission Owner. Submission Owner was not induced to submit the Materials to TPT and TPT is under no obligation to keep the materials confidential. TPT may disclose the Materials to various employees and individuals or entities outside TPT’s employ or control to determine the Materials’ value. Submission of Materials to TPT is voluntary and waives any claim that TPT misappropriated the Materials or any portion thereof. TPT shall not owe Submission Owner or any third party any payment or other compensation for receipt and consideration of the Materials.
- TPT’s receipt and consideration of the Materials is not an admission by TPT of the novelty, propriety or originality of the Material. TPT receives submissions from various sources and often receives similar or identical materials or ideas, and TPT’s employees and contractors also regularly create and develop material for TPT. TPT makes no claims, representations, warranties, promises or guarantees with respect to the submitted Materials and is under no obligation whatsoever to review or use the Materials or to enter into an agreement, aside from this Release, with Submission Owner pertaining to the Materials. TPT will contact a Submission Owner directly to enter into negotiations for TPT’s use of submitted Materials at TPT’s sole discretion.
- In the event TPT provides comments or feedback regarding the Material, Submission Owner shall rely on such comments or feedback at their own risk and expense. Such somments or feedback from TPT do not constitue a promise that TPT will use the Materials or enter into a separate agreement with Submission Owner regarding the Materials. Submission Owner waives any and all claims it may have against TPT for reimbursement of costs, expenses, liabilities or damages arising from acts or omissions taken in reliance on the submission or TPT’s comments or feedback. In addition, Submission Owner hereby forever releases TPT from any and all claims, damages, legal fees, costs, expenses, debts, and causes of action of any kind, whether in law or in equity, known or unknown, which Submission Owner has or may have against TPT arising from TPT’s (or TPT’s lack of) receipt, possession, use and/or disposal of the Materials or otherwise in connection with the Materials now or in the future. In the event of any dispute concerning this Release, Submission Owner’s sole remedy shall be to seek actual damages in an action at law and in no event shall Submission Owner be entitled to seek to enjoin or restrain the production, exhibition, distribution, or licensing of any of TPT’s programming, promotional or marketing plans, or any of the subsidiary rights in connection therewith.
- No ownership interest in the Materials is assigned or transferred to TPT by virtue of this Release or by submitting the Materials. Submission Owner grants TPT the right to possess, view, copy and share the Materials for the purpose of determining whether to act on the submission. Submission Owner may not use TPT’s name, logo or other trademarks for any reason or in any manner.
- Submission Owner hereby represents and warrants that:
- Submission Owner is either: (i) the sole originator and owner of the Materials, and that no other persons or entities have any right, title or interest therein or thereto; or (ii) the sole and exclusive authorized representative of the Materials and is authorized to sign this Release; and
- Neither the Materials nor the submission of the Materials and TPT’s review or use thereof shall: (i) violate any personal or property rights of any third party, including without limitation rights of droit moral, privacy, publicity, copyright, trademark, or other intellectual property or contract rights; or (ii) constitute defamation, libel or slander against any third party.
- Submission Owner agrees to indemnify, defend and hold harmless TPT from and against any claim, loss, obligation, liability or expense including reasonable attorney’s fees that may be asserted against or incurred by TPT in connection with the Materials submitted hereunder, any use of the Materials by TPT, or a breach of any representation, covenant or warranty made by Submission Owner.
- This Release constitutes the entire understanding between Submission Owner and TPT as of the date hereof. Any modification, waiver, or termination hereof must be in writing and signed by both parties. The invalidity of any provision hereof shall not affect the remaining provisions. This Release shall apply in perpetuity to all Materials Submission Owner submits to TPT.
- Submission Owner has retained a copy of the Materials and this Release and TPT shall not have any obligation to return the submitted copy of the Materials to Submission Owner. TPT shall not be liable for any loss or damage to the submitted copy.
- The laws of Minnesota govern all matters arising out of or relating to this Release without giving effect to conflicts of law principles thereof. The parties submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota for resolving any dispute arising out of or relating to this Release.