The person below (the
"Submitter") desires to submit a t-shirt idea (the "Design") to CharGrilled
Ltd (the "Company") to evaluate and review. The parties understand and
acknowledge as follows:
1. The Company is continuously engaged in active design and development
programs which may have ideas, features, or other aspects that are similar
or identical to the ideas, features, or other aspects of the Design.
2. Other persons, including the Company's own employees, may have submitted
to the Company or to others, or may in the future originate and submit,
Design which is similar or identical to the Design. It is agreed that no
compensation will be paid to the Submitter for use of the Design because of
the Company's use of such other similar or identical Design not created by
the Submitter.
3. Submitter agrees that the Company assumes no obligation to (i) return the
Design submitted, (ii) compensate the Submitter in any way for the
non-commercial use of the Design in accordance with the EVALUATION specified
herein, (iii) proceed with negotiations of any kind respecting the Design,
or (iv) furnish Submitter with any information respecting the results of the
Company's evaluation or its reasons for not proceeding further.
4. Inasmuch as the disclosure to the Company of information that is
considered by Submitter or a third party to be confidential could have an
adverse impact on the Company's rights in products or ideas arising out of
the Company's design and development program, the Company is not interested
in gaining access to information that is considered by Submitter or a third
party to be confidential. In order to ensure that there is no future
misunderstanding of the respective rights of the Company and Submitter, the
Company has developed a policy under which it will not undertake to review
or evaluate ideas that we claimed to be confidential by any person or entity
outside the Company.
5. The Company agrees that it will not use the Design for any purpose other
than evaluation hereunder without entering into a formal written agreement
with Submitter giving permission to the Company to do so. The foregoing does
not apply to any Design which is similar to or identical to the Design, but
which was independently designed (without the use of the Design) by the
Company or a third party.
6. Submitter has retained at least one copy of the Design, and releases the
Company from any and all liability for loss of or damage to the copy or
copies of the Design submitted to the Company hereunder.
7. Submitter represents that the Design is original to Submitter, that
Submitter is the owner of the Design, that Submitter has the exclusive right
to submit the Design to the Company, and that Submitter has the power and
authority to grant the Company any and all rights in the Design.
8. Submitter agrees that Submitter will not use the potential interest of
the Company with respect to any Design submitted to the Company in any
promotional activity nor disclose to any other person that the Company is
evaluating the Design.
9. Submitter hereby acknowledges and agrees that there are no prior or
contemporaneous oral or written agreements in effect between Submitter and
the Company pertaining to the Design submitted hereunder or any other Design
(including, but not limited to, agreements pertaining to the submission by
Submitter of any ideas, formats, plots, characters or the like). Submitter
further agrees that no other obligations exist or shall exist or shall be
deemed to exist unless and until a formal written agreement has been
prepared and executed by both Submitter and the Company, and then
Submitter's rights and obligations, and the Company's rights and
obligations, shall be only such as are expressly set forth in such formal
written agreement.
10. Nothing contained in this Agreement shall be construed as creating any
obligation or an expectation on the part of either party to enter into a
business relationship with the other party, or an obligation to refrain from
entering into a business relationship with any third party. Nothing
contained in this Agreement shall be construed as creating a joint venture,
partnership or employment relationship between the Company and Submitter, it
being understood that the Company and Submitter are independent contractors
vis-à-vis one another. Except as specified herein, no party shall have the
right, power or implied authority to create any obligation or duty, express
or implied, on behalf of any other party hereto.
11. Submitter agrees that the terms of this document shall control the
rights and obligations of the Company and Submitter respecting the Design,
however disclosed or provided to the Company, including verbal disclosure
thereof, and notwithstanding any legends, markings, or other restrictions
embodied in, attached to, or accompanying such Design. The terms of this
document may not be amended or superseded except by written amendment that
refers to this document and is signed by both parties.
12. In the event that the Company decides to use the t-shirts bearing the
Design, the Company shall forthwith pay to Submitter the value of one
full-priced t-shirt. In consideration of the payment of the value of one t-shirt,
Submitter shall forthwith be deemed to have assigned to Company the Copyright,
Design Rights and all other Intellectual Property Rights in and to the Design to
the intent and purpose that Company shall be the sole and absolute owner thereof.
13. In the event that the Company sells 30 items bearing the Design within 30 days of the t-shirt first appearing on the website, the
Company shall forthwith pay to Submitter the sum of £100 cash.
14. Submitter agrees that no oral representations of any kind have been made
to Submitter.
15. This Agreement sets forth the entire understanding and agreement of the
parties with respect to the subject matter hereof and supersedes all other
oral or written representations and understandings. The formation, interpretation
and performance of this Agreement shall be governed by the laws of England and Wales.
In the event that any provision hereof is found invalid or unenforceable, the
remainder of this Agreement shall remain valid and enforceable according to its terms.
16. Submitter certifies that Submitter has read this Agreement and that Submitter
understands it. SUBMITTER UNDERSTAND THAT THE COMPANY IS RELYING UPON THIS AGREEMENT
IN AGREEING TO ACCEPT submitter's SUBMISSION OF THE DESIGN AND WOULD NOT ACCEPT submitter's
DESIGN WITHOUT IT.