I am submitting to you herewith the following portfolio artwork (the “Portfolio”) for your consideration of my creative talents and abilities. I represent that I have created the Portfolio, am the lawful owner of the same, and have the full power and authority to submit the same to you, or that I created some of all of the material for third- parties who now won the materials and control its use, but have authorized this submission for the purpose of providing you with exemplars of my work.
1. I understand that you will be evaluating the Portfolio as a basis for potential employment of my services. I further understand that you have adopted the policy of refusing the submission of creative materials for employment evaluation unless the submitter signs an agreement defining the conditions of such a submission. I enter into this agreement (the “Agreement”) with the express understanding that you will evaluate the Portfolio solely and completely in reliance upon this Agreement and my covenants and warranties herein. I specifically acknowledge that you would refuse to consider reviewing the Portfolio and employing me in the absence of my acceptance of each and every provision of this Agreement. No confidential relationship is established by my submitting the Portfolio to you.
2. I warrant and represent that to the best of my knowledge the Portfolio and all elements thereof, including without limitation any Portfolio provided to you, are my original creations.
3. I understand that you will not use the Portfolio or any part thereof for any purpose unless you shall hereafter enter into a written agreement with the lawful owner of the Portfolio for the acquisition of rights therein and you shall not become obligated to pay anything to me or any other person, firm or corporation in the absence of such written agreement executed by you.
I understand and agree that your use of material containing elements similar to or identical with protectable property contained in the Portfolio shall not obligate you to me in any manner if you shall have obtained such material either heretofore or hereafter from sources other than form me.
4. I understand that any dispute concerning your alleged unauthorized use of the Portfolio, or arising out of or with reference to my submission or the Agreement, its validity, construction, or performance shall be submitted to arbitration for determination. If the arbitrators determine that you used legally protectable portions of the Portfolio without my consent, I agree that the amount of any award to me shall not exceed the consideration normally paid by you for similar material or an amount equal to the fair market value thereof as of the date of this Agreement.
I have retained at least one copy of the Portfolio, and I hereby release you of all liability for loss of, or damage to, the copy of copies of said Portfolio. I understand that you have retained copies of the Portfolio and will do so even if you decide not to employ me in order that there be a record of exactly what I submitted and the date of my submission.
5. This Agreement shall inure to the benefit of, and be binding upon, each of us and our respective heirs, successors, representatives, assigns and licensees.
I hereby state that I have read and understand this agreement, that no oral representations of any kind have been made to me, and that this Agreement states our entire understanding of this Agreement be void or unenforceable, such provision or part thereof shall be deemed omitted, and replaced by a legal provision which most closely reflects the parties’ intent as expressed herein. As so modified, this Agreement shall remain in full force and effect. This Agreement shall be construed according to the internal substantive laws of the State of California without reference to conflicts of law provisions.
