Script Consultation – Submission Agreement

I’m a working screenwriter/script consultant, and script doctor with twenty years of professional experience working in the trenches of Hollywood. My films have opened festivals, premiered on Lifetime, LMN, HBO Canada, Fox, SyFy, HereTV, NBC Universal, The Movie Network, and have been distributed globally. I’ve been blessed to work with Academy Award® winning producers, veteran directors, and Academy Award®, Emmy®, and Golden Globe® acting nominees on my films.

I offer consultation on your feature or TV script to help push it to the next level—not traditional “coverage.” I also don’t offer promises to know what the studios are buying today (nobody truly knows), but if your script needs help, my real-world experience and insights can bring your project to the next level.  The only mantra to follow is: “Write from a place of honesty and truth and always do your best work—every time out.”

Please read my TERMS AND CONDITIONS SUBMISSION AGREEMENT BELOW.

BEFORE SCHEDULING A CONSULTATION WITH ME, PLEASE CAREFULLY READ THE AGREEMENT BELOW…

TERMS AND CONDITIONS / SUBMISSION AGREEMENT FOR SCREENPLAY CONSULTATION SERVICES

Please read carefully: by hiring Mark Sanderson (Editor) for his screenplay or treatment/outline consultation/editing services, You (Writer) and Mark Sanderson (Editor) automatically agree to the terms and conditions set forth below when you purchase the screenplay or outline/treatment consultation or edit or mentor package.

It is understood you (“Writer”) have read this agreement and you (“Writer”) hereby acknowledge and agree to all of the terms of the agreement as stated below.

Payment for Editor’s consultation or edit on Writer’s screenplay is payable upfront before the consultation/edit begins. The consultation or edit requires one week to complete after the full payment is received by Editor, unless Editor notifies Writer via-email that consultation or edit will take longer, and the Editor and Writer agree to the longer schedule. There is no refund for the Editor’s consultation or editing services on a screenplay or outline/treatment.

You (“Writer”) have written a screenplay or treatment/outline for a possible future theatrical motion picture production, television motion picture, TV series pilot, TV half hour or hour series, web series, video game, or short film.

(“Writer”) submits to Mark Sanderson (“Editor”) the Screenplay or Outline/Treatment in the form of an electronic data file via e-mail, for Editor’s evaluation (consultation) and or proofing and editing. The Screenplay or Outline/Treatment is being submitted under the terms and conditions stated herein (this “Terms and Conditions/Submission Agreement”).

Writer represents and warrants that he/she is at least eighteen (18) years of age, the sole owner and author of the Screenplay or Outline/Treatment; that Writer has full right to submit it to Editor upon the terms and conditions stated herein; that the consent of no other person or entity is required to fully exploit the Screenplay or Outline/Treatment 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. Writer will abide by all applicable copyright and other laws applicable to the Editor’s consultation, including without limitation any notices or restrictions contained in this Terms and Conditions/Submission agreement.

Writer has no obligations to Editor except as set forth in this Agreement, and no other obligations exist or shall exist, or shall be deemed to exist between Writer and Editor.

Editor acknowledges that Writer and or his/her heirs represent and warrant full ownership of the Screenplay or Outline/Treatment and all rights to the material.

It is Writer’s sole responsibility to protect the Screenplay or Outline/Treatment, including filing or registering the Screenplay or Outline/Treatment with the Writers Guild of America or the United States Copyright Office. Editor strongly recommends that Writer register the Screenplay or Outline/Treatment with one or both of the aforementioned parties.

If the Screenplay or Outline/Treatment is submitted by more than one person, all instances of the word “Writer” herein shall be deemed changed to “Writers” with both writer’s names listed and this Agreement 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 (Editor and Writer) agree as follows:

1. All information disclosed by Writer to Editor, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the Screenplay or Outline/Treatment, including the Screenplay or Outline/Treatment itself, shall be deemed confidential and shall constitute Confidential Information, and shall include:

(i) all documents generated by Editor which contain, comment upon, or relate in any way to any Confidential Information received from Writer,

and

(ii) any written samples of the Submission (“Screenplay”) or (“Outline”) or (“Treatment”) received from Writer together with any information derived by Editor there from.

2. Confidential Information shall not include any information:

(i) That Editor can show by documentary evidence was known to Editor or prior to the date of its disclosure to Editor by Writer or

(ii) That becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of Editor or any other party having an obligation of confidentiality to Writer; or,

(iii) That is subsequently disclosed by Writer to any person, firm or corporation on a non-confidential basis; or

(iv) That Editor 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 Editor solely for the purpose of allowing Editor to evaluate and edit the Screenplay or Outline/Treatment submission.

4. Editor 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 the Editor to preserve and safeguard his own materials and confidential information.

5. The Confidential Information shall remain the property of the Writer and shall not be disclosed or revealed by Editor.

6.  Editor 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, Editor 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 Screenplay or Outline/Treatment, and nothing contained herein shall in any way obligate Writer to grant to Editor a license or any other rights, directly or by implication. The Editor’s creative ideas, notes and suggestions about the Writer’s Screenplay or Outline/Treatment, are given to the Writer as part of the consultation service, and Writer is free to use or not to use the suggestions as desired. Editor holds no claim over creative suggestions offered as part of the consultation service.

8. Because of Editor’s position in the entertainment industry, his own ideas, his social media, creative collaborations, screenplays, screenplay assignments, outlines, treatments, pitches, loglines, TV pilots, video games, web series, short films, books, screenwriting services, screenplay and outline/treatment consultation and editing services, screenplay editing, workshops, webinars, blog articles, lectures, and teaching, he is continuously exposed to screenplays, teleplays, novels, short stories, blog articles, newspaper articles, social media, formats, treatments, outlines, pitches, loglines, presentations, stories, films, web series, video games, and the like, which may be similar to those already developed by Writer or related parties, or to those otherwise related to Writer (and which may be based on underlying material owned or controlled by Writer), and often many similar ideas or stories relate to one or more common underlying themes in different projects that may already exist. Writer shall indemnify and hold harmless Editor 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 Editor in the consultation or edit of your screenplay or outline/treatment for your theatrical movie, TV movie, TV half hour or hour series, web series, video game, or short movie, will not place Editor 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 edit, 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 Editor be liable for any special or consequential damages that result from Writer’s participation in the screenplay or outline/treatment consultation or edit.
To be clear: You, the Writer, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in the screenplay or outline/treatment consultation or edit, you agree not to attempt to hold Editor liable for any decisions, actions, or results that you make or experience in business or in life due to your participation in this screenplay or outline/treatment consultation or edit at any time, now, or in the future, under any circumstance.

10. The screenplay or outline/treatment consultation or editing services (notes) delivered to Writer by Editor in the form of an electronic data file via e-mail, may not be used or distributed or referred to in any public or private arena. Use or reference to Editor’s screenplay or outline/treatment consultation or editing services (consultation notes) or the use of Mark Sanderson’s name to endorse or promote any of the Writer’s screenplays, outlines, treatments, or loglines in any way is prohibited.

11. This agreement sets forth the entire agreement between the parties and may not be amended or modified except in writing signed by all of the parties.

12. This Agreement may not be changed, modified, terminated or discharged except in writing signed by both Writer and Editor. 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.