Submit Material

The Kaufman Company has a long history of discovering material in unusual places.  In 1993, we were one of the first production companies to  post on AOL for scripts and story ideas.  Since, we have developed many relationships with screenwriters all over the country.

We are looking for finished screenplays or  detailed treatments.  If you have a script or treatment and would like to submit it, please read the disclaimer below and if you agree to it's terms, your story will be sent to us.  Depending on how busy we are, we will  respond, via e-mail within 4 weeks.

Please Read the following disclaimer form and if you agree to it, click I agree to go to the submission form.  Thank you. 

 

To The Kaufman Company:

We desire to submit to you, The Kaufman Company ("The Kaufman Company" or "you" or "your") for your consideration material (herein called "submitted  material") written or controlled by the me (hereinafter individually and collectively "me", "we" or "us") intended to be used by you as the basis for one or more feature films,  mini-series, motion pictures for television,  television programs or series

We recognize the possibility that the submitted material may be identical or similar to material already in development or identical or similar to material which has or may come to you  from other sources, including your own employees.  Such similarity in the past has given rise to litigation so that unless The Kaufman Company can obtain adequate protection in advance, it will refuse to consider the submitted  material.  The protection for The Kaufman Company must be sufficiently broad to protect you, your related corporations, and your and their employees, agents, licensees and assigns and all parties to whom you submit  material.  Therefore, all references to "you" includes each and all the forgoing.

As an inducement to you to examine the submitted material, and in consideration of your so doing, we represent, warrant and  agree as follows:

1. We acknowledge that the submitted material is submitted by us voluntarily, on an unsolicited basis, and not in confidence, and that no confidential relationship is intended or created between  The Kaufman Company and us by reason of the submission of the submitted material.  Nothing in this Agreement, nor the submission of the submitted material, shall be deemed to place you in any different position from any other  member of the public in respect to the submitted material.  Accordingly, any part of the submitted material, which could be freely used by any member of the public may be used by you without liability to us.

2.  You agree that you shall not use the submitted material unless you shall first negotiate with us and agree upon compensation to be paid to us for such use, but we understand and agree that your use of material containing features  or elements similar to or identical with those contained in the submitted material shall not obligate you to negotiate with us nor entitle us to any compensation if you determine, in your sole and absolute discretion, that you have  an independent legal right to use such other material which is not derived from us (either because such features or elements were not new or novel, or were not originated by us, or were or may hereafter be independently created and  submitted to you  by other persons, including your employees), provided that in the event that we dispute your determination with respect to such independent legal right, the terms of paragraph 4 below shall apply.

3. Except for published materials, which we agree you may use fully without negotiating with us (except to the extent we own or have contractual rights to said published materials), we represent and warrant that we  own the submitted material free of all claims or encumbrances, and have the exclusive right to offer all rights in the Submitted Material to you.  We acknowledge that all the important features of the Submitted Material have  been disclosed to you and that no other features have been disclosed to you.  We warrant that the Submitted Material is novel and original with us and does not constitute defamation against, and does not violate any rights of,  any person.

4. In the event that there is a dispute under paragraph 2 above, the dispute shall be determined by submitting the matter to arbitration in accordance with this section.  The arbitration shall be  conducted by an arbitrator with knowledge of the film and television industry, to be determined jointly by The Kaufman Company and us.  In the event we are unable to agree upon an arbitrator, we shall select a designee, and  you shall select a designee, and these designees shall jointly select an arbitrator whom we both agree shall arbitrate the dispute.  In the event that the arbitration is concluded in our favor, we agree that the only award  which may be given by the arbitrator to us is an award fixing compensation for your use of the submitted material, which compensation shall be in keeping with industry standards, taking into consideration our stature in the  community, the nature of the material used, the type of program produced and the extent to which the arbitrator has concluded the submitted material was used by you.  Each party shall bear their own costs of the proceeding,  including legal fees, and any award determination made by the arbitrator shall remain confidential.

5. We agree that no obligation of any kind is assumed or may be implied against you by reason of your consideration  of the submitted material or any discussions or negotiations we may have with respect thereto, except pursuant to any express written agreement hereafter executed by you and me which, by its terms, will be the only contract between  us.

6. We confirm that we have retained a copy of the submitted material and we release you from any liability for any loss of the submitted material, irrespective of whether it is lost, stolen or destroyed in  transit, or while in your possession, or otherwise.

7. Except as specifically set forth in this Agreement, we hereby release you of and from any and all claims, demands and liabilities of every kind whatsoever,  known or unknown,  that may arise in relation to the submitted material or by reason of any claim now or hereafter made by us that you have used or appropriated the submitted material, except for fraud or willful injury on  your part.

8. Should any provision of this Agreement be void or unenforceable, such provision shall be deemed omitted, and this Agreement with such provision omitted shall remain in full force and effect.

9. This  Agreement is entire. No statements or representations have been made except those expressly stated in this Agreement.  This Agreement may be modified only subsequent written agreement signed both by you and us.

 10. This Agreement will be interpreted in accordance with the laws of California.

11. You may freely assign your rights under this Agreement.

12. We hereby agree expressly for the benefit of The  Kaufman Company and all subsidiaries and affiliates thereof, that we will not claim that other divisions or subsidiaries of The Kaufman Company, their employees, agents, studios or financiers with which The Kaufman Company has an  agreement, has had, or may in the future have access to the submitted material other than through you; and this Agreement applies to all access of the submitted material had by any such party, even if you never submit the submitted  material to such party.

13. We further understand that we shall have no right to use the name of The Kaufman Company or its subsidiaries or affiliates, or any of their officers, employees or representatives, or  otherwise announce or publicize to any member of the public that our submission is being reviewed by you.