I am hereby submitting to Jacoby Entertainment Ltd. ("Producer") certain information and materials relating to my personal, factual experience searching for a mother, father, sister, brother or other blood relative.

In consideration of Producer's examination of this material, I hereby represent, warrant, acknowledge and agree, as follows:

1. I acknowledge that because of Producer's position in the entertainment industry Producer receives or may receive numerous submissions of ideas, formats, stories, suggestions and the like and that many such submissions heretofore or hereafter received by Producer are similar to or identical to those developed by me or otherwise available to me. I acknowledge that no fiduciary or confidential relationship now exists between Producer and me, and I further acknowledge that no such relationships are established between Producer and me by reasons of this agreement or by reason of my submission to Producer of this material. I request that Producer read and evaluate said material however; Producer shall have no obligation to do so or to inform me of Producer's evaluation, if any.
2. I represent and warrant that I am at least eighteen (18) years-old, and either the author or exclusive owner of all rights to said material or the duly authorized agent of the exclusive, lawful owner of said material and that I have full power and authority to submit said material to Producer on the terms and conditions hereof, each and all of which shall be binding not only on me but on any and all persons for whom I am acting (hereinafter collectively, "Submitting Parties"). This agreement shall inure to Producer's benefit and to the benefit of Producer's parent, subsidiary, and affiliated corporations and each of their directors, officers, employees and agents. I/we hereby agree to and do hereby indemnify, save, and hold Producer harmless from all damages, liabilities, costs, losses and expenses (including legal costs and reasonable attorney's fees) arising out of or connected with any claim, demand, or action by a third party which is inconsistent with any of my/our warranties, representations, or covenants.
3. Said material has been and is hereby submitted with the understanding that, except as set out in paragraph 4 below,Producer will not use the same or any part thereof unless either: (a) Producer shall hereafter enter into a written agreement with the lawful owner of the material or rights involved for the acquisition of rights therein, it being understood that in no event shall any agreement be implied in fact or in law; and that Producer shall not become obligated to pay anything to me or to any Submitting Party or any other person, firm, or corporation in the absence of such written agreement executed by Producer; or (b) Producer shall determine in good faith that Producer have the right to use all or any part of the material without obtaining clearance, either because the material so used it is not new or novel, or is in the public domain, or is not otherwise legally protected or protectable, or was not reduced to concrete form or was obtained by Producer from other sources, including Producer's employees, or for any other reason, it being understood and acknowledged that this submission is not being made in confidence.
4. Producer shall have the right (a) to summarize and/or display a Submitting Party's personal story on our web site for promotional purposes, but without disclosing their name or email address, and/or (b) to disclose to third parties a Submitting Party's personal story for the purposes of the development and sale of an audio-visual work such as a television series, film or other media project.
5. Should Producer proceed under 3(b) above, and should a Submitting Party dispute Producer's right to do so, the Submitting Party agrees to undertake the burden of proof of originality, access, copying and all other elements necessary to establish Producer's liability and agree that my/our submission of said material shall not give rise to a presumption of inference of copying or taking, or a presumption or inference that anyone, other than the particular individual to whom such material is delivered by me/us, had access to the material or examined the same.
6. Should I or a Submitting Party bring any action against Producer for wrongful appropriation of this material or any part thereof, such action shall be limited to an action at law for damages, which shall in no event, under any theory exceed the fair market value of the material on the date thereof and I/we hereby agree that I/we shall in no event seek an injunction or any other equitable relief, or be entitled to an injunction or any other equitable relief. As a condition precedent to any such action, I/we will give Producer our written notice of our contention that Producer have no right to proceed under 3(b) above, stating the particulars in complete detail, and any such action shall be, and is hereby, waived and barred unless filed within six (6) months after Producer's first public release or use of the material, or thirty (30) days after Producer notifies us in writing that Producer deny liability to us, whichever is earlier.
7. I/we have retained a copy of the material that I/we am/are submitting to Producer and I/we release Producer from any and all liability for loss of or damage thereto. Therefore, Producer may, but shall not be obligated to, return this material to me/us and shall not be liable in any way if it is lost, stolen, or destroyed.
8. This agreement constitutes our entire understanding. Any modification or waiver hereunder must be in writing, signed by both parties. The invalidity of any provision hereof shall not affect the remaining provisions. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules. In the event of any disagreement or dispute between the parties hereto arising out of or relating to the subject of this agreement, such dispute shall be submitted to arbitration before the American Arbitration Association in the City of New York pursuant to the expedited rules promulgated by said Association. The determination of the arbitrators shall be conclusive and binding upon the parties and judgment may be entered on any finding of the arbitrators in any court having jurisdiction.