Monday, November 16, 2009

Why I Will Never Submit to

I have a holiday piece that is Cracked-esque, but ran across this gem in their "Submission Agreement":

3. You hereby agree to indemnify, defend and hold harmless CRACKED, and its subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands, expenses, losses or liabilities including but not limited to reasonable attorney's fees and punitive damages that may be asserted against or incurred by CRACKED at any time in connection with the Submission, or any use thereof, including, without limitation, those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you to CRACKED.

Uhhhh.... no.

Not that they would have accepted my piece for use, but my point is this: I'll never submit to them, simply because I'm not a big fan of indemnification agreements.

Your humble and obed’t Serv’t,
B. Freret


Christian Bell said...

A standard indemnity clause--never between friends, as says Willy Wonka.

Maggie said...

sad. I deal with those all the time in contracts - never seen one while submitting writing, however. would definitely turn me off as well.