This
Agreement is by and between [submitter’s email address
here] ("Assignor") and Lou Gallio ("Assignee
Author").
WHEREAS,
Assignor has authored certain ideas or works which are described below (the
"Story Idea"); and
WHEREAS,
Assignee Author, wishes to acquire the entire rights, title, and interest in
the Story Idea.
NOW, the
parties agree as follows:
1.
Assignment Assignor does hereby irrevocably assign to Assignee Author all
rights, title, and interest (including but not limited to, the copyright, all
rights to prepare derivative Story Idea, all goodwill and all moral rights), in
and to the Story Idea, whether it is accepted for publication or not.
2.
Consideration In consideration for the assignment set forth in Section 1,
Assignee Author shall pay Assignor the sum of $1.00, payable upon written
acceptance of such Story Idea.
3.
Representations and
Warranties Assignor represents and warrants to Assignee
Author:
(a)
Assignor
has the right, power and authority to enter into this Agreement;
(b)
Assignor
is the exclusive owner of all right, title and interest, including all
intellectual property rights, in the Story Idea;
(c)
The
Story Idea are free of any liens, security interests, encumbrances or licenses;
(d)
The
Story Idea do not infringe the rights of any person or entity;
(e)
There
are no claims, pending or threatened, with respect to Assignor's rights in the
Story Idea;
(f)
This
Agreement is valid, binding and enforceable in accordance with its terms; and
(g)
Assignor
is not subject to any agreement, judgment or order inconsistent with the terms
of this Agreement.
4.
Attorney's Fees Should either party hereto, or any heir, personal representative,
successor or assign of either party hereto, resort to litigation to enforce
this Agreement, the party prevailing in such litigation shall be entitled, in
addition to such other relief as may be granted, to recover its or their
reasonable attorneys' fees and costs in such litigation from the party against
whom enforcement was sought.
5.
Entire Agreement This Agreement, contains the entire understanding and agreement
between the parties hereto with respect to its subject matter and supersedes
any prior or contemporaneous written or oral agreements, representations or
warranties between them respecting the subject matter hereof.
6.
Only a writing signed by
both parties may amend amendment This Agreement.
7.
Severability If any term, provision, covenant or condition of this Agreement,
or the application thereof to any person, place or circumstance, shall be held
by a court of competent jurisdiction to be invalid, unenforceable or void, the
remainder of this Agreement and such term, provision, covenant or condition as
applied to other persons, places and circumstances shall remain in full force
and effect.
8.
Agreement to Perform
Necessary Acts Assignee Author agrees to
perform any further acts and execute and deliver any documents that may be
reasonably necessary to carry out the provisions of this Agreement.
9.
Governing Law This Agreement shall be construed in accordance with, and the
laws of the State of Texas shall govern all actions arising hereunder.
[Here is where the text box will be
located]