THE PROFESSIONAL PEN Agreement, Policies & Acknowledgement
The Writer has written a script, treatment, synopsis, pitch deck, logline, short story, novel, book, web series, show bible or other known forms of creative writing, known throughout this document as (Submission) for a possible future theatrical motion picture production, television motion picture production, feature or TV episode on spec, web series, or short film. The Writer has submitted in the form of an electronic data file via e-mail for TPP’s evaluation via one or more of the following services: script coverage, proofreading, formatting, revisions, rewrites, or pitch preparation. The Submission is being submitted under the terms and conditions stated herein.
The Writer represents and warrants that he/she is at least eighteen (18) years of age, the sole owner and author of the Submission; that the Writer has full right to submit the Submission to TPP upon the terms and conditions stated herein; that the consent of no other person or entity is required to fully exploit the Submission 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. The Writer will abide by all applicable copyright and other laws applicable to the TPP’s consultation, including without limitation any notices or restrictions contained in this Agreement.
The Writer has no obligations to TPP except as set forth in this Agreement, and no other obligations exist or shall exist or shall be deemed to exist between the Writer and TPP. There are no refunds for TPP’s consultation services.
TPP acknowledges that the Writer and/or his/her heirs represent and warrant full ownership of the Submission and all rights to the material.
It is Writer’s sole responsibility to protect the Submission, including filing or registering the Submission with the Writers Guild of America or the United States Copyright Office. TPP strongly recommends that the Writer register the Submission with one or both of the aforementioned parties.
If more than one person submits the Submission, all instances of the word “Writer” herein shall be deemed changed to “Writers” and this 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 (TPP and Writer) agree as follows:
1. All information disclosed by Writer to TPP, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the Submission, including the Submission itself, shall be deemed confidential and shall constitute Confidential Information, and shall include:
(i) All documents generated by TPP which contain, comment upon, or relate in any way to any Confidential Information received from the Writer, and (ii) any written samples of the Submission received from the Writer together with any information derived by TPP there from.
2. Confidential Information shall not include any information:
(i) That TPP can show by documentary evidence was known to TPP or prior to the date of its disclosure to TPP by the Writer or (ii) That becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of TPP or any other party having an obligation of confidentiality to the Writer; or, (iii) That is subsequently disclosed by the Writer to any person, firm or corporation on a non-confidential basis; or (iv) That TPP 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 TPP solely for the purpose of allowing TPP render services on the Submission.
4. TPP 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 TPP to preserve and safeguard her own materials and confidential information.
5. The Confidential Information shall remain the property of the Writer and shall not be disclosed or revealed by TPP.
6. TPP 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, TPP 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 Submission, and nothing contained herein shall in any way obligate the Writer to grant to TPP a license or any other rights, directly or by implication. TPP’s creative ideas, notes and suggestions about the Writer’s Submission are given to the Writer as part of the consultation service and the Writer is free to use or not to use the suggestions as desired. TPP holds no claim over creative suggestions offered as part of the consultation service.
8. Because of TPP’s position in the entertainment industry, her own ideas, Submissions, submission assignments, treatments, TV pilots, web series, books, screenwriting services, consultation services, submission editing, workshops, webinars, lectures and teaching, she is continuously exposed to Submissions, 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 the Writer or related parties, or to those otherwise related to the Writer (and which may be based on underlying material owned or controlled by the 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 TPP 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 TPP in the consultation of the Writer’s Submission will not place TPP 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 TPP be liable for any special or consequential damages that result from Writer’s participation in the consultation. To be clear: The Writer, alone, is responsible and accountable for his/her decisions, actions and results in life, and by his/her participation in the consultation, the Writer agrees not to attempt to hold TPP liable for any decisions, actions or results that the Writer makes or experiences in business or in life due to his/her participation in this consultation at any time, now or in the future, under any circumstance.
This sets forth the entire Agreement. The Agreement may not be changed, modified, terminated or discharged except in writing signed by both Writer and TPP. 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.
The Writer represents and warrants that he/she is at least eighteen (18) years of age, the sole owner and author of the Submission; that the Writer has full right to submit the Submission to TPP upon the terms and conditions stated herein; that the consent of no other person or entity is required to fully exploit the Submission 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. The Writer will abide by all applicable copyright and other laws applicable to the TPP’s consultation, including without limitation any notices or restrictions contained in this Agreement.
The Writer has no obligations to TPP except as set forth in this Agreement, and no other obligations exist or shall exist or shall be deemed to exist between the Writer and TPP. There are no refunds for TPP’s consultation services.
TPP acknowledges that the Writer and/or his/her heirs represent and warrant full ownership of the Submission and all rights to the material.
It is Writer’s sole responsibility to protect the Submission, including filing or registering the Submission with the Writers Guild of America or the United States Copyright Office. TPP strongly recommends that the Writer register the Submission with one or both of the aforementioned parties.
If more than one person submits the Submission, all instances of the word “Writer” herein shall be deemed changed to “Writers” and this 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 (TPP and Writer) agree as follows:
1. All information disclosed by Writer to TPP, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the Submission, including the Submission itself, shall be deemed confidential and shall constitute Confidential Information, and shall include:
(i) All documents generated by TPP which contain, comment upon, or relate in any way to any Confidential Information received from the Writer, and (ii) any written samples of the Submission received from the Writer together with any information derived by TPP there from.
2. Confidential Information shall not include any information:
(i) That TPP can show by documentary evidence was known to TPP or prior to the date of its disclosure to TPP by the Writer or (ii) That becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of TPP or any other party having an obligation of confidentiality to the Writer; or, (iii) That is subsequently disclosed by the Writer to any person, firm or corporation on a non-confidential basis; or (iv) That TPP 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 TPP solely for the purpose of allowing TPP render services on the Submission.
4. TPP 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 TPP to preserve and safeguard her own materials and confidential information.
5. The Confidential Information shall remain the property of the Writer and shall not be disclosed or revealed by TPP.
6. TPP 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, TPP 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 Submission, and nothing contained herein shall in any way obligate the Writer to grant to TPP a license or any other rights, directly or by implication. TPP’s creative ideas, notes and suggestions about the Writer’s Submission are given to the Writer as part of the consultation service and the Writer is free to use or not to use the suggestions as desired. TPP holds no claim over creative suggestions offered as part of the consultation service.
8. Because of TPP’s position in the entertainment industry, her own ideas, Submissions, submission assignments, treatments, TV pilots, web series, books, screenwriting services, consultation services, submission editing, workshops, webinars, lectures and teaching, she is continuously exposed to Submissions, 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 the Writer or related parties, or to those otherwise related to the Writer (and which may be based on underlying material owned or controlled by the 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 TPP 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 TPP in the consultation of the Writer’s Submission will not place TPP 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 TPP be liable for any special or consequential damages that result from Writer’s participation in the consultation. To be clear: The Writer, alone, is responsible and accountable for his/her decisions, actions and results in life, and by his/her participation in the consultation, the Writer agrees not to attempt to hold TPP liable for any decisions, actions or results that the Writer makes or experiences in business or in life due to his/her participation in this consultation at any time, now or in the future, under any circumstance.
This sets forth the entire Agreement. The Agreement may not be changed, modified, terminated or discharged except in writing signed by both Writer and TPP. 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.
Submitting Materials
1. All work must be original work of the writer unless otherwise noted as an adaptation. The writer must provide proof of rights.
2. All work must be in English and in standard screenwriting format, unless requesting formatting services.
3. Materials should be submitted at the time of purchase via the link in their confirmation email unless otherwise agreed upon. Any materials not received at the time of purchase are subject to a turnaround time that begins at receipt of the materials not the original purchase date.
2. All work must be in English and in standard screenwriting format, unless requesting formatting services.
3. Materials should be submitted at the time of purchase via the link in their confirmation email unless otherwise agreed upon. Any materials not received at the time of purchase are subject to a turnaround time that begins at receipt of the materials not the original purchase date.
Payments & Refund Policy
- Payments will only be accepted via PayPal and Stripe. You do not have to have a PayPal account to use PayPal. All major credit cards are accepted.
- All payments are made before services are rendered.
- There are no refunds. If you require a different or additional services, we will move forward accordingly.
- In the event a credit is offered, credits expire after 6 months. Pen Pals may contact us when ready to use their credit and receive a code for purchase. If a Pen Pal does not contact us before the expiration date, they will receive an email the week of expiration informing them to use or lose the funds by the expiration date.
Acknowledgement
I acknowledge and have read and agree to all of TPP's submission requirements and I understand and have complied with these requirements. To the best of my knowledge all of the statements herein are true and correct. I understand failure to adhere to TPP's submission requirements and complete, with accurate information, the above information, will result in refusal of service. As the sole owner and author of the Submission, I fully attest that the following is true and correct:
1. My Submission to TPP is for the Service(s) listed above for the predetermined rates. TPP agrees within a reasonable time from the date hereof to review and evaluate the Submission. I will receive the level of service I have requested in writing as specified above.
2. Furthermore, I indemnify TPP, any and all affiliates, sponsors, or contractors of the companies listed and from any claims, loss or liability that may be asserted against you or incurred by you or any associates, at any time in connection with said Submission.
3. I acknowledge that TPP receives 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 contractors 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 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 TPP.
4. I have retained at least two copies or duplicates of the Submission that I have submitted to you. I understand that your returning the Submission to me shall not terminate or affect any rights or obligations under this Agreement.
a) I agree that you have no obligations to me except as in this Agreement set forth in Paragraph 1., 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 any way and I have no expectation of receiving any compensation other than what's stated in Paragraph 1. b) If my Submission or any elements of my Submission is not new, unique, concrete or novel and/or is in the public domain and/or is not original with me, then as between you and me, I agree that you have the right to use such elements with out any obligation to me whatsoever. Without limiting the foregoing, I claim right in the title of the Submission only as regards to its use in connection with the Submission.
5. The parties will endeavor to resolve any disputes through mediation. However, if those efforts are unsuccessful, the parties agree that any and all disputes that may arise under this agreement will be subject to arbitration under the District of Columbia Uniform Arbitration Act. The parties will select one arbitrator to decide any disputes and if they are unable to agree upon an arbitrator then the District of Columbia shall appoint one. The prevailing party in any dispute shall be entitled to recover its attorneys’ fees, including any fees incurred in any appeal, confirmation, enforcement and collection proceeding, and all costs associated with the dispute. 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 cost and expenses, including, without limitation, actual attorney's fees and the costs of expert witnesses.
7. 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.
1. My Submission to TPP is for the Service(s) listed above for the predetermined rates. TPP agrees within a reasonable time from the date hereof to review and evaluate the Submission. I will receive the level of service I have requested in writing as specified above.
2. Furthermore, I indemnify TPP, any and all affiliates, sponsors, or contractors of the companies listed and from any claims, loss or liability that may be asserted against you or incurred by you or any associates, at any time in connection with said Submission.
3. I acknowledge that TPP receives 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 contractors 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 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 TPP.
4. I have retained at least two copies or duplicates of the Submission that I have submitted to you. I understand that your returning the Submission to me shall not terminate or affect any rights or obligations under this Agreement.
a) I agree that you have no obligations to me except as in this Agreement set forth in Paragraph 1., 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 any way and I have no expectation of receiving any compensation other than what's stated in Paragraph 1. b) If my Submission or any elements of my Submission is not new, unique, concrete or novel and/or is in the public domain and/or is not original with me, then as between you and me, I agree that you have the right to use such elements with out any obligation to me whatsoever. Without limiting the foregoing, I claim right in the title of the Submission only as regards to its use in connection with the Submission.
5. The parties will endeavor to resolve any disputes through mediation. However, if those efforts are unsuccessful, the parties agree that any and all disputes that may arise under this agreement will be subject to arbitration under the District of Columbia Uniform Arbitration Act. The parties will select one arbitrator to decide any disputes and if they are unable to agree upon an arbitrator then the District of Columbia shall appoint one. The prevailing party in any dispute shall be entitled to recover its attorneys’ fees, including any fees incurred in any appeal, confirmation, enforcement and collection proceeding, and all costs associated with the dispute. 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 cost and expenses, including, without limitation, actual attorney's fees and the costs of expert witnesses.
7. 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.