THESE SUBMISSION TERMS & CONDITIONS, INCLUDING ANY POLICIES, RULES AND OTHER TERMS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, INCLUDING THE TERMS OF USE AND PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”), SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU (WHETHER AN INDIVIDUAL, GROUP OF INDIVIDUALS OR ENTITY) (“YOU” OR “YOUR”) AND CREATIVE ARTS AGENCY, LLC (“CAA”, “WE” OR “US”).  YOU UNDERSTAND AND AGREE THAT BY CLICKING TO ACCEPT THIS AGREEMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  ADDITIONALLY, ANY SUBMISSION OF TEXT, CREATIVE MATERIALS, KNOW-HOW, INFORMATION OR LITERARY WORKS (“MATERIALS”) THROUGH HTTPS://CREATIVEARTISTSAGENCY.SUBMITTABLE.COM/SUBMIT (THE “SUBMISSION PAGE”) IS SUBJECT TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO THIS AGREEMENT DO NOT CLICK TO ACCEPT IT AND DO NOT SUBMIT ANY MATERIALS THROUGH THE SUBMISSION PAGE.

1. No Obligation. You acknowledge that if you fail to accept and agree to be bound by the terms of this Agreement or seek to otherwise submit your Materials, we will not review, evaluate, consider or accept any such Materials and in the event of any incidental actions by us with regard to the Materials or any interactions between us relating to the Materials shall not be deemed an admission by us of the novelty or originality of such Materials and we will have no obligations, express or implied, to you or with regard to the Materials.  We may retain a copy of the Materials and you agree to release us from any obligation or liability for loss or damage thereto or with regards to you.  You understand and agree that you are under no obligation of any kind to submit your Materials to CAA and that doing so does not constitute any obligation, promise, or agreement, whether expressed or implied, by CAA to review, evaluate, accept or maintain confidentiality of such Materials. 

2. Additional Terms.  CAA’s Terms of Use (https://www.caa.com/terms-of-use) (“Terms of Use”) govern your use of CAA’s website, which includes submitting your Materials through the Submission Page. CAA’s Privacy Policy (https://www.caa.com/privacy-policy) (“Privacy Policy”) governs the processing of all personal data collected from you in connection with your use of the CAA website, which includes any personal information you submit in relation to submitting your Materials through the Submission Page. The terms and provisions of the Terms of Use and Privacy Policy are hereby incorporated and made part of this Agreement by this reference.  In the event of a conflict between the terms of the Submission Terms & Conditions and any terms in the Terms of Use or Privacy Policy, the terms of the Submission Terms & Conditions will control with regard to any subject matter covered herein (e.g., submission of Materials to the Submission Page) unless the terms of the Submission Terms & Conditions expressly state otherwise.

3. Ideas.  CAA is neither required nor obligated to keep confidential any ideas submitted as a part of the Materials. By submitting Materials, you acknowledge and agree that CAA and each of its respective officers, directors, employees, licensees, assigns or other authorized agents, which may include without limitation, related entities, affiliates, individuals, clients and each of their licensees or assigns (collectively, the “Released Parties”) may previously have independently created, developed, produced, used, exploited or acquired ideas that duplicate, resemble or contain elements that are similar or identical to the ideas contained within the submitted Materials. You also acknowledge that the Released Parties may later independently create, develop, produce, use, exploit or acquire ideas that may duplicate, resemble or contain elements that are similar or identical to the ideas contained within the Materials. You agree that the Released Parties’ creation, development, production, use, exploitation or acquisition of any ideas that duplicate, resemble or contain elements that are similar or identical to the ideas within the Materials will not entitle you to any credit, compensation or other consideration whatsoever, and you waive and agree not to interfere or assert any claim or demand of any kind in connection with any of the foregoing.

4. No Compensation. CAA has no obligation to compensate you. You understand that no agreement for compensation shall be implied by CAA’s consideration, evaluation or review of the submitted Materials or any related ideas thereof.  If we are interested in the Materials, we may approach you to put a separate, written, signed agreement in place between CAA and you with regard to the Materials.

5. Representations and Warranties.  You represent and warrant that: (a) when clicking to accept this Agreement or submitting your Materials to the Submission Page, you understand and agree to be fully bound by this Agreement and all provisions contained herein; (b) you are at least eighteen (18) years of age; (c) the Materials you submit are your own original work and that you: (i) are the sole author of the Materials, (ii) did not use, rely on or incorporate any artificial intelligence or similar technology in any aspect of drafting, creating or developing the Materials, (iii) have exclusive right and authority to make the Materials available to us, and (iv) have the right to grant us the rights in this Agreement; (d) the Materials have not previously been published in any media or otherwise exploited; (e) the Materials do not contain any material that: (i) violates or infringes upon the rights of any third party (including, without limitation, any copyright, trademark, patent or right of privacy, publicity or other property rights), or (ii) is unlawful, in violation of, or contrary to any applicable law or regulation; (f) any use of the Materials by the Company shall not require a license by, permission from or payment to any third party; (g) you have reviewed, understand and agree to be bound by CAA’s website Terms of Use and Privacy Policy; and (i) you have carefully read and fully understand all of the provisions and effects of this Agreement, are voluntarily entering into this Agreement free of any duress or coercion, and have had the opportunity to consult with legal counsel of your choosing with respect to the execution and legal effect of this Agreement.

6. Release, Discharge, Defend, Indemnify and Hold Harmless.  In exchange for CAA’s consideration of the Materials and its willingness to provide feedback (if any), on your behalf and on behalf of your successors, assigns, agents and representatives, you hereby release, discharge and agree to indemnify, defend and hold harmless the Released Parties from any and all claims, suits, actions, demands, liabilities and damages (including reasonable attorneys’ fees) of any kind whatsoever arising out of or in connection with (a) your violation or breach of this Agreement, including by any successors, assigns, agents or representatives, or (b) our use of the Materials or any component thereof, including, without limitation, any and all claims for copyright infringement, patent infringement, invasion of privacy, unjust enrichment, misappropriation, breach of contract or confidence, conversion, violation of the right of publicity and/or defamation.  You understand and acknowledge that we are relying upon the foregoing release in permitting you to submit Materials for evaluation.  You understand and acknowledge that you will not have any right to, and agree not to seek to, terminate or rescind the release contained herein.  The obligations in this section will continue after you have submitted the Materials. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.  Moreover, should we take such action, you shall cooperate at your own expense in such settlement or defense.

7. Third-Party Sites. You acknowledge and agree that the Submission Page may include links and pointers to websites, resources, and/or services maintained, owned, or controlled by others (“Third-Party Sites”) that are not affiliated with us and that your access and use of such Third-Party Sites is at your own risk and subject to our Terms of Use.

8. Mandatory Arbitration; Waiver of Class Actions. You agree that: (a) any and all disputes between you and CAA arising out of or relating to any Materials, the Submission Terms & Conditions, or the breach thereof (collectively, “Submission Disputes”), shall be resolved by confidential, binding and individual arbitration and (b) you waive your right to participate in a class action lawsuit or class-wide arbitration or to seek punitive damages or an injunction.  Your rights to bring any Submission Disputes shall be governed by the Terms of Use terms, which include without limitation, terms regarding arbitration initiation, arbitration administration requirements, limitation on time to file claims and payment of filing and attorneys’ fees.

9. Modifications.  We may revise and update the terms of the Submission Terms & Conditions from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all Materials submitted to the Submission Page thereafter.    

10. Entire Agreement.  This Agreement, consisting of the Submission Terms & Conditions along with the Terms of Use and Privacy Policy, sets forth the entire agreement of the parties with respect to the submitted Materials and any matters arising from or related thereto, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements, verbal or written, between the parties. In agreeing to accept this Agreement, you are not relying on any promises, representations or other statements that are not contained in this Agreement.