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Terms & Conditions

WRITING SERVICES AGREEMENT

Please read in full before submitting any materials, participating in a writing workshop, or course, or scheduling any writing coaching services listed on this website. By hiring Paul Kalburgi (the “editor”) in a professional capacity, as a writing coach, teaching artist, or script reader, you (the “client”) automatically agree to the following terms and conditions of service:

The editor is an independent contractor and not an employee of the client. It is understood that you, the client have read this agreement and understood this agreement and hereby acknowledge and agree to all of the terms of the agreement, as stated below.

The client has written a play, screenplay, or treatment (the “script”) for a possible future production on stage or screen, not limited to the television motion picture, TV series pilot, TV half-hour or hour series, web series, video game, short film, stage play, radio play, or video. In submitting the script to the editor in the form of a digital file (accepted script formats include digital files types only: .doc, .rtf, .pdf, .fdx.) or hardcopy for the purpose of evaluation, feedback, proofing, and editing, the works comprised in the script are being submitted under the terms and conditions stated herein this “Writing Services Agreement”.

The editor will read the client’s script and provide the notes, feedback, evaluation, critique, editing, or report (the “Service”) as advertised, to a professional standard and to his best ability. This does not constitute an ongoing editor-client relationship and no follow-up services are to be provided unless expressly stated upon engaging the service. The service shall be considered started once payment has been received.

Payment of fees shall be requested and made via PayPal. All are due upfront and are to be received by the editor before the commencement of any service. No scripts should be sent by the client to the editor prior to the commencement of the service. There are no refunds for the editor's service and a reasonable time (not longer than two weeks) shall be afforded the editor to provide the service unless otherwise agreed prior to the commencement of the service. Should delays in providing the service occur, the editor shall communicate this to the client no less than five working days prior to the expected service delivery date.

The client represents and warrants that he/she is at least eighteen (18) years of age, the sole owner and author of the script; that the client has full right to submit it to the editor upon the terms and conditions stated herein; that the consent of no other person or entity is required to fully exploit the script and none of the rights granted herein will libel or defame any third party or otherwise violate the rights of any third party, whether under the copyright or otherwise. The client will abide by all applicable copyright and other laws applicable to the editor’s service, including without limitation any notices or restrictions contained in this Writing Services Agreement. The client has no obligations to the editor except as set forth in this agreement, and no other obligations exist or shall exist, or shall be deemed to exist between the client and the editor. The editor acknowledges that the client and or his/her heirs represent and warrant full ownership of the script and all rights to the material. It is the client’s sole responsibility to protect the script, including filing or registering any such documents with the Writers Guild or Copyright Office operating in their home territory. The editor strongly recommends that the client register the script with a professional body or party.

If the script is submitted by more than one writer (client), all instances of the word “client” herein shall be deemed changed to “clients” with both writer’s names listed, and this agreement will be binding jointly and severally upon all such persons (“Clients”). NOW, THEREAFTER, in consideration of the premises and mutual covenants herein contained, the parties (client and editor) agree as follows:

1. All information disclosed by the client to the editor, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the script, including the script itself, shall be deemed confidential and shall constitute Confidential Information, and shall include: (i) all documents generated by the editor, which contain, comment upon, or relate in any way to any confidential information received from the client, and (ii) any written samples of the script received from the client together with any information derived by the editor therefrom.

2. Confidential Information shall not include any information: (i) That the editor can show by documentary evidence was known to the editor or prior to the date of its disclosure to the editor by the client or (ii) That becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of the editor or any other party having an obligation of confidentiality to the client; or, (iii) That is subsequently disclosed by the client to any person, firm or corporation on a non-confidential basis; or (iv) That the editor can conclusively show by documentary evidence that such information was developed independent of any access to the confidential information.

3. The client will disclose confidential information to the editor solely for the purpose of allowing the editor to evaluate and edit the script.

4. The editor agrees to accept disclosure of the confidential information and to exercise the same degree of care to maintain the confidential information secret and confidential as is employed by the editor to preserve and safeguard his own materials and confidential information.

5. The confidential information shall remain the property of the client and shall not be disclosed or revealed by the editor.

6. The editor shall notify the client of any determination it may arrive at with respect to the further development of the submission, provided, however, that, in doing so, the editor shall not directly or indirectly disclose any confidential information to any third party, without the consent of the client.

7. This professional consultation is a work-for-hire. Nothing in this agreement shall be deemed a sale or offer for sale or option of the script, and nothing contained herein shall in any way obligate the client to grant to the editor a license or any other rights, directly or by implication. The editor’s creative ideas, notes, edits, mentor services, and suggestions about the client’s script, are given to the client as part of the consultation service, and the client will retain the title and rights to the work and suggestions/ideas created by the editor for the client. The editor holds no claim over creative suggestions offered to the client as part of the consultation service.

8. Because of the editor’s position in the entertainment industry, his own ideas, his social media accounts, creative collaborations, screenplays, screenplay assignments, outlines, treatments, pitches, loglines, TV pilots, video games, web series, short films, books, screenwriting services, screenplay and outline/treatment consultation and editing services, screenplay editing, workshops, webinars, blog articles, lectures, podcasts, and teaching, he is continuously exposed to screenplays, teleplays, novels, short stories, blog articles, newspaper articles, social media, formats, treatments, outlines, pitches, loglines, presentations, stories, films, web series, video games, and the like, which may be similar to those already developed by the client or related parties, or to those otherwise related to the client (and which may be based on underlying material owned or controlled by the client), and often many similar ideas or stories relate to one or more common underlying themes in different projects that may already exist. The client shall indemnify and hold harmless the editor from and against any and all liability, judgments, claims, costs, damages, losses, and expenses (including without limitation costs and attorneys’ fees whether or not in connection with litigation) arising out of or in connection with similar creative ideas.

9. No Professional Advice Guarantee or Promise: The information contained in or made available by the editor in the consultation or edit of the client’s script, will not place the editor liable for any direct, indirect, consequential, special, exemplary, or other damages, including economic loss, that may result from the use of, or the inability to use, the materials, information or strategies communicated through the consultation or edit, mentor services, or any products or services provided before or after the consultation, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will the editor be liable for any special or consequential damages that result from the client’s participation in the script consultation or services, from the editor. To be clear: the client is responsible and accountable for his/her decisions, actions, and results in life, and by participation in the script consultation or services, the client agrees not to attempt to hold the editor liable for any decisions, actions or results that the client makes or experiences in business or in life due to the client’s participation in the editor’s screenplay or outline/treatment consultation or edit, or mentor services, at any time, now, or in the future, under any circumstance.

10. All notices from the editor to the client regarding the service will be via e-mail and receipt of the editor’s e-mail constitutes notice as being delivered.

11. Neither the editor nor the client has the authority to enter into agreements on behalf of the other party.

12. This agreement sets forth the complete and only agreement between the editor and the client, and may not be amended or modified except in writing and signed by all parties.

13. This agreement may not be changed, modified, terminated, or discharged except signed in writing by either the client or the editor.

14. This agreement, regardless of where executed or performed, shall be governed by, construed, and enforced in accordance with the laws of the editor’s home territory (United Kingdom), without regard to the conflict of law’s provisions thereof.


WRITING WORKSHOP AGREEMENT

Please read in full before completing your registration.

1. Cancellation Policy: If the organiser cancels the workshop for any reason, registered participants will receive a full refund of the workshop fee. Registered participants who cancel their enrolment not less than 45 days before the workshop start date are eligible for a full refund of the workshop fee. A 50% refund of the workshop fee will be offered for cancellations made 30 days before the workshop start date. No refund will be provided for cancellations made less than 30 days before the workshop start date.

2. Payment: Payment for the workshop must be made in full at the time of registration to secure a place in the workshop. Payment of fees shall be requested and made via PayPal. Places will not be reserved without full payment.

3. Participant Responsibility: Participants are responsible for their travel arrangements, accommodations, and any other associated expenses. It is the participant's responsibility to inform the organiser of any accessibility requirements or special accommodations that will assist their learning, involvement, and participation in the workshop.

4. Workshop Changes: The organiser reserves the right to make changes to the workshop schedule, content, guest speakers, associated presentations, or performances as necessary. Registered participants will be notified of any changes in advance.

5. Liability: The organiser is not liable for any personal injury, loss, or damage to property incurred during the workshop.

6. Recording and Photography: By attending the workshop, participants consent to be photographed, filmed, or recorded for promotional purposes. Participants who do not wish to be photographed must inform the organiser.

7. Code of Conduct: Participants are expected to conduct themselves respectfully and professionally towards instructors and fellow participants. Sessions will start on time, and prompt arrival is strongly encouraged. The organiser reserves the right to remove any participant who violates this code of conduct without a refund.

8. Privacy Policy: Personal information collected during registration will be used solely to administer the workshop and will not be shared with third parties without consent.

9. Intellectual Property Rights: Participants retain full copyright ownership of all work created by them during the course or workshop. Before registering for the workshop, participants are encouraged to review the organiser's Writing Services Agreement, which outlines additional terms and conditions regarding script coverage and feedback services provided by the organiser.

10. Acceptance of Terms: By registering for the workshop, participants agree to abide by these terms and conditions.