Submission Agreement

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Subject: Shama Living Ideas

SHAMA LIVING
SUBMISSION AGREEMENT


In consideration of Shama Living LLC (“Shama”) evaluating for possible use by Shama my treatment, concept, idea, outline, description, project, product, item, invention or material (the “Material”) submitted herewith, I hereby enter into this submission agreement (this “Agreement”) with Shama and hereby agree as follows:

1. I understand that Shama is only willing to evaluate the Material subject to, in consideration of, and in reliance upon the conditions and representations set forth herein.


2. I acknowledge that the Material was created and written by me without any suggestion or request from Shama that I write or create the Material.


3. I represent that the Material is original with me and that I have the exclusive right to grant all rights in the Material. I hereby agree to indemnify and hold harmless Shama and its respective directors, officers, agents, employees, affiliates, successors and assigns from and against any and all claims which are in any way connected to the originality, title, or rights to the Material.


4. Shama may not use the Material submitted unless it first negotiates with me compensation for such use, but I understand and agree that use of material containing features and elements similar to or identical with those contained in the Material shall not obligate Shama to negotiate with me, nor entitle me to any compensation if Shama determines that it has an independent legal right to use such other material which is not derived from me, either because such features and elements were not new or novel, or were not originated by me, or because other persons, including without limitation Shama’s directors, officers, agents and employees, have submitted or may hereafter submit material containing similar or identical features and elements which Shama has the right to use.


5. I understand that Shama and any of its respective directors, officers, agents, employees, affiliates, successors and assigns may be in active development of material similar or identical in theme and content to the Material submitted by me, and that Shama and any of its respective directors, officers, agents, employees, affiliates, successors and assigns will continue to produce and develop such projects without any obligation to me of any kind whatsoever; in this regard, I waive and release Shama from any claims related to Shama’s use of features or elements similar or identical to those contained in the Material
6. I agree to give Shama written notice by certified or registered mail at the above address of any claim arising in connection with this matter, within the period of time prescribed by the applicable statute of limitations, but in no event more than ninety (90) calendar days after I acquire knowledge of such claim, or if it be sooner, within ninety (90) calendar days after I acquire knowledge of facts sufficient to put me on notice of any such claim, as an express condition precedent to the initiation of any legal action hereunder. My failure to so give Shama written notice will be deemed an irrevocable waiver of any rights which I might otherwise have with respect to such claim. Further, I will withhold filing any legal action for a period of thirty (30) calendar days after said written notice to allow Shama to investigate any claim.


7. I have retained a copy of the Material submitted, and release Shama from any liability for loss or other damage to the copy or copies submitted to it. I understand and agree that Shama will have no obligation to treat the Material as secret or confidential. 


8. I understand that Shama may, without obligation, evaluate the Material, and is not obligated to tell me they are not interested in the Material nor is Shama obligated to give me reasons for not being interested in the Material.


9. Although Shama may talk or correspond with me about the Material, this Agreement is our entire agreement and understanding relating to the Material, and it may not be changed except in writing agreed to by Shama.


10. I warrant and represent that I am at least 18 years old and am otherwise legally competent to enter into this Agreement. 


11. I hereby state that I have read and understand the above; that no oral representations of any kind have been made to me; that there are no prior or contemporaneous oral agreements in effect between the parties pertaining to the Material; and that this Agreement states the final expression of the entire understanding of the parties. Any provision or part of this Agreement 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.


12. This Agreement is governed by the laws of the State of California as applicable to agreements wholly performed within such State. I hereby submit irrevocably to the exclusive jurisdiction of the courts present in the State of California.
 

I agree to the above and here's my idea