Disclosure Form

I recently received this form from a company in response to my question about their idea submission policy. I have read it and it seems to be a reasonable and honest document, even if it offers more to the company than to me. Does it seem OK? Does this seem like a worthwhile agreement to sign? This is a large, nationwide company with good public name recognition.

Thanks.




Address

Date: _________________________
RE: Disclosure To Acme regarding: ____________________ __________________
_________________ (“Submitter”) hereby acknowledges its understanding that Acme, Inc., a Toontown corporations (“Acme”), will review and consider its idea, development or invention (collectively, the “Information”), which have identified been above, only under a non-confidential relationship, and only after its express agreement to the following terms and conditions:
1. NO CONFIDENTIAL RELATIONSHIP. I agree that Acme has never at any time represented, agreed or implied that a confidential relationship exists, or shall exist, between us with respect to any disclosure of Information that I have communicated or otherwise disclosed to Acme, or that I may communicate or disclose to Acme in the future. I further agree that in any event no confidential relationship exists or shall exist in connection with my disclosure or submission of any Information to Acme, or Acme’s consideration thereof, or any use thereof by Acme. I hereby disclaim any confidential relationship of any kind, either express or implied, or any other relationship with Acme in connection with any Information that I have disclosed or will disclose to Acme.
2 WAIVER AND RELEASE. Further, I hereby waive all rights, whether contract, tort or otherwise, except patent rights, and waive and release all claims against Acme, that I may have now or at any time in the future, whether or not presently known or foreseeable, and I waive all damages and losses, direct or consequential, known or unknown, foreseen, and unforeseen, with respect to any appropriation, use or disclosure of any of my Information by Acme or by any party to which Acme may disclose any Information.
3. COPYING AND RETENTION OF THINGS. Acme is free to make copies of any Information or documents that I provide to it. Duplicates of all material supplied to Acme in making disclosures to Acme will be retained by me and Acme is free of any requirement, responsibility or liability with respect to return or retention of such Information, documents, or other material, or any part thereof.
4. NO OBLIGATIONS. Acme shall not have any obligation to evaluate any Information or to communicate the results of any evaluation, Acme’s interest in the Information, or related activity of Acme, or any reasons for any rejection of interest in my Information to me.
5. PATENT RIGHTS. I do not hereby give Acme any rights in my Information under any patents I now have or may later obtain covering the same. However, I will promptly notify Acme of any patent applications, and the issuance of any patents disclosing, claiming or otherwise related to any Information; and Acme will have no liability for any infringement thereof prior to my notification to Acme, of such issued patent(s).
6. WARRANTY AND INDEMNITY. I hereby warrant and represent to Acme that I own all rights in my Information, except as I have indicated in writing below, and that I have the full right and authority to disclose the Information to Acme and to sign this agreement, and to undertake the obligations herein, including the disclaimer, waiver and release, and I agree to indemnify and hold harmless Acme with respect to any claims that the Information is the property of any third person, or was wrongfully disclosed to Acme by me, or wrongfully disclosed or used by Acme in reliance upon my agreement hereto.
7. AMENDMENT. The terms of this Express Disclaimer of Confidential Relationship can be changed only by a formal written agreement signed by an officer of Acme.
The Submitter fully understands the foregoing provisions. The Submitter has either sought the advice of counsel as to the meaning and significance of this Express Disclaimer of Confidential Relationship, or decided to forego seeking the advice of counsel. The Submitter has not been coerced or induced by Acme to sign this agreement. Acme has not made any representations to the Submitter of any kind, either express or implied, and, in consideration of Acme’s receipt of the Information the Submitter hereby agrees to all of the foregoing terms and provisions.


Submitter: Other Owners of Information:
(Identify Fully)


Signature:___________________________ Signature:___________________________

Print Name:__________________________ Print Name:__________________________

Title:________________________________ Title:_______________________________

Address:____________________________ Address:____________________________
_____________________________ ___________________________________

Date:_______________________________ Date:_______________________________

I am not a lawyer and this is not legal advice only my opinion. First, unless you have some form of protection you are submitting your idea/product to them at your own risk since they say "only under a non-confidential relationship" and in section 2. it seems to me in my opinion that they have their butt covered against any issues that may arise with this statement

waive and release all claims against Acme, that I may have now or at any time in the future, whether or not presently known or foreseeable, and I waive all damages and losses, direct or consequential, known or unknown, foreseen, and unforeseen, with respect to any appropriation, use or disclosure of any of my Information by Acme or by any party to which Acme may disclose any Information.

I would also ask them to explain this statement, It seems to contradict itself. On one end it says you are not giving them any rights to your patents, but then says you will notify them of any applications and issuances. Why?

5. PATENT RIGHTS. I do not hereby give Acme any rights in my Information under any patents I now have or may later obtain covering the same. However, I will promptly notify Acme of any patent applications, and the issuance of any patents disclosing, claiming or otherwise related to any Information; and Acme will have no liability for any infringement thereof prior to my notification to Acme, of such issued patent(s).

My best advice, don't sign it and don't give them your ideas. If you believe in your invention, protect the intellectual property rights by filing for a provisional patent. Otherwise, you are giving away your ideas for free.

gmcgogney