This agreement is for your review only, and will be part of the application process. You’ll find the actual agreement as a download accessed from the application. It must be printed, signed, and uploaded either via scan or a clear photo in order for your application to be submitted.
In connection with the Material submitted by me to the applicable Warner Bros. Television Writers’ Workshop, this constitutes the agreement between Warner Bros. Television (herein “you”) and me, the undersigned:
- Representations: Except to the extent based on a pre-existing Warner property (e.g., an existing series/program produced by you), I represent that the Material is original with me and created solely by me. I have full power and authority to submit said Material to you on the terms and conditions hereof.
- Review of Material: I acknowledge that the only obligation undertaken by you in consideration of my submission is to accept the Material for review, and consider me, based on the Material submitted, for the applicable Warner Bros. Television Writers’ Workshop, if and to the extent appropriate pursuant to your normal practices. No other obligation or duty on your part shall arise from or be implied by this submission.
- Use of Material: You acknowledge that if and to the extent the Material is protected by copyright law, I am not granting you the right to use the Material unless you exercise your option rights in accordance with paragraph 4 below. I acknowledge, however, that you are not agreeing to refrain from, or to compensate me for, the use of any elements of the Material which are not protected by copyright laws, including, by way of illustration only, ideas, historical or factual maters or other public domain elements or aspects of the Material. I acknowledge and agree that if and to the extent the Material is based on a pre-existing Warner property, I shall not have the right to exploit the Material in any manner, except in connection with (a) the applicable Warner Bros. Television Writers’ Workshop, or (b) private submissions to a third party producer, agent, studio, network or other third party entertainment entity solely as a writing sample.
- Option to Buy Material: I hereby grant you an irrevocable option to acquire the Material within three (3) years after the date of this agreement. If you choose to exercise the option, you must do so by sending me written notice before the expiration of the option, accompanied by payment of the purchase price. The purchase price shall be the required minimum payment for the type of material involved under the then applicable WGA Basic Agreement. If you exercise the option, this constitutes my assignment to you of all right, title and interest in the Material, including but not limited to the entire copyright therein.
- Dispute Resolution: If you determine that you have the independent legal right to use material containing features and elements similar or identical to those contained in the Material without the payment of compensation to me and you, or any other division or subsidiary of Warner Bros. Entertainment Group, proceeds to use the same, and if I disagree with your determination, I agree that the dispute between us shall be submitted to arbitration in Los Angeles, California. The arbitration shall be initiated and conducted according to the applicable of the JAMS Streamlined or the JAMS Comprehensive Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. I waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages, and any award favorable to me shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation normally paid by you for similar material submitted by writers of similar stature. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless we agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry.
- Return of Material: You may, but shall not be obligated to, return my material to me, but you shall not be liable in any way if it is lost, misplaced, stolen or destroyed.
- Right to Assign: You shall have the right to assign and/or license all or part of your rights under this agreement and, if acquired by you, in the Material to any person or entity.