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DO NOT SEND YOUR
SCREENPLAYS WITHOUT READING THIS! THEY WILL BE THROWN AWAY UNREAD IF YOU DO NOT
FOLLOW THE PROCEDURES.
The Consideration Fee to be
accepted for a videotaped Screenplay Reading is $75, if accepted the Cost of Putting the
Reading Together and Filming It is $650 until July 19th, 2001, $1250 until January 19th,
2002 and $2,500 after that date.
You can send your screenplay via E-Mail
and your bank check or money order with the Consideration Fee of $75 to MSRG, P.O. Box
1091, Pacific Palisades, CA 90272 - 52 Screenplays will be read in the first year and 104
will be read in the second year, but please do not send 1st Drafts. Send Screenplays you
have faith can be shot with minor adjustments.
TERMS OF SUBMISSION
The Malibu Screenplay Reading Group whose URL is www.screenplayreadinggroup.com
(hereinafter referred to as the "MSRG") is created for your benefit and takes a
lot of work on our part.
You hold the MSRG and anyone related to the MSRG harmless from any and all
claims related to your Screenplay forever and throughout eternity. The sooner your
screenplay is published by broadcasting it, the safer you will feel.
You hereby agree to indemnify and hold harmless MSRG,
its subsidiaries and affiliates, and their directors, officers, employees, agents,
shareholders, partners, members and other owners, against any and all claims, actions,
demands, liabilities, losses, damages, judgments, settlements, expenses (including
reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred
to as "Losses") insofar as such Losses (or actions in respect thereof) arise out
of or are based on (i) any claim that our use of the your trademark(s) infringe on any
trademark, trade name, service mark, copyright, license, intellectual property, or other
proprietary right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, (iii) the development,
operation, maintenance and content of your Site and products and services offered from
your Site, or (iv) any claim related to your Site, including, without limitation, content
therein not attributable to us.
We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on our site. Modifications may include, for example, changes in
the scope of available referral fees, fee schedules, payment procedures, and Program
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
14. Relationship of Parties
You and we are independent contractors, and nothing in
this Agreement will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You will have no authority
to make or accept any offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that reasonably would contradict anything in
15. Limitation of Liability
We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, or data) arising in connection
with this Agreement or the Program, even if we have been advised of the possibility of
such damages. Further, our aggregate liability arising with respect to this Agreement and
the Program will not exceed the total referral fees paid or payable to you under this
We make no express or implied
warranties or representations with respect to the Program or any products sold through the
Program (including, without limitation, warranties of fitness, merchantability, non
infringement, or any implied warranties arising out of a course of performance, dealing,
or trade usage). In addition, we make no representation that the operation of our site
will be uninterrupted or error-free, and we will not be liable for the consequences of any
interruptions or errors.
17. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.