This Agreement is entered into by and between Shannan E. Johnson, LLC d/b/a The Professional Pen (“TPP”), including its employees, agents, and independent contractors acting on its behalf, and the individual or individuals submitting materials (“Writer” or “Writers,” jointly and severally, as applicable).

1. Submission of Materials

The Writer has written a literary material — including, without limitation, story ideas, a script, treatment, synopsis, pitch deck, logline, show bible, or other screenwriting material or oral consultation — hereinafter referred to as the “Submission,” for a possible future theatrical motion picture production, television motion picture production, feature, or television episode on spec.

The Writer has submitted the Submission in the form of an electronic data file via TPP’s website for the purpose of screenwriting services (“Services”), which may include, without limitation, development notes, proofreading, formatting, or pitch preparation. The Submission is being submitted under the terms and conditions stated herein.

2. Representations and Warranties

The Writer represents and warrants that:

• The Writer is at least eighteen (18) years of age;

• The Writer is the sole owner and author of the Submission, with full rights to submit it to TPP;

• No other person or entity’s consent is required for such submission;

• None of the rights granted herein will libel, defame, or infringe the rights of any third party; and

• The Writer will comply with all applicable copyright and related laws in connection with TPP’s consultation, including notices or restrictions contained in this Agreement.

If more than one person submits the Submission, all such persons are deemed “Writers,” and this Agreement shall be binding jointly and severally upon them.

3. Confidentiality

All information disclosed by the Writer to TPP in connection with the Submission, whether in writing or otherwise, including the Submission itself and any related materials, shall be deemed “Confidential Information.” Confidential Information also includes any documents, notes, or analyses generated by TPP that reference or relate to such information.

Confidential Information does not include information that:
(i) was lawfully known to TPP prior to disclosure by the Writer;
(ii) becomes public through no fault of TPP;
(iii) is disclosed by a third party without breach of any confidentiality obligation; or
(iv) is independently developed by TPP without reference to the Writer’s Confidential Information.

TPP shall use the Confidential Information solely to provide Services on the Submission and shall exercise at least the same degree of care in protecting the Confidential Information as it uses for its own confidential materials. All Confidential Information shall remain the property of the Writer. TPP shall not disclose Confidential Information to any third party without the Writer’s prior written consent.

4. Ownership of Submission

Nothing in this Agreement shall be deemed a sale, offer for sale, or option of the Submission, and nothing herein shall obligate the Writer to grant TPP a license or any other rights, directly or by implication.

TPP’s creative ideas, notes, and suggestions regarding the Writer’s Submission are provided solely as part of the consultation service. The Writer is free to use or disregard such suggestions, and TPP makes no claim of ownership in them.

5. Acknowledgment of Similar Materials

Because of TPP’s position in the entertainment industry, TPP and its representatives are continuously exposed to and/or independently develop literary and creative materials of every kind and nature, whether now known or hereafter devised (“Materials”). Such Materials may be similar to those submitted by the Writer and may be based on underlying material owned or controlled by the Writer.

The Writer acknowledges and agrees that similarities of theme, idea, plot, or other elements may exist, and shall indemnify and hold harmless TPP and its employees, agents, and independent contractors from and against any and all liability, judgments, claims, costs, damages, losses, and expenses (including attorneys’ fees, whether or not incurred in litigation) arising out of or in connection with such similarities.

6. No Professional Advice Guarantee or Liability

The information, strategies, and Services provided by TPP in connection with the Writer’s Submission are for educational and consultative purposes only. TPP makes no guarantees or promises regarding outcomes, and shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages (including economic loss) arising from the Writer’s use of, or inability to use, such information or Services, even if advised of the possibility of such damages.

The Writer remains solely responsible for all decisions, actions, and results arising from participation in any consultation, and agrees not to hold TPP or its representatives liable under any circumstances.

7. Payments and Refund Policy

Payments for Services are due in full at the time of purchase, via TPP’s authorized payment processor(s). All sales are final, and there are no refunds. If TPP offers a credit, such credit will expire six (6) months from the date of issue, unless otherwise stated in writing.

8. Governing Law & Entire Agreement

This Agreement sets forth the entire understanding between the parties with respect to the Submission and Services. It may not be changed, modified, terminated, or discharged except in writing signed by both parties.

This Agreement, regardless of where executed or performed, shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles.

Terms of use

These Terms of Use (“Terms”) govern your access to and use of the website theprofessionalpen.com and related services provided by Shannan E. Johnson, LLC d/b/a The Professional Pen (“TPP,” “we,” “us,” “our”).

By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Scope of Services: The Site provides information about TPP and may allow you to purchase screenwriting-related services and products (“Services”). If you purchase Services, such purchases will also be governed by the applicable Writer Agreement or service-specific Policy. In the event of a conflict, the Writer Agreement shall control.

2. Intellectual Property: All content on the Site (including designs, graphics, text, videos, trademarks, and software) is owned by or licensed to TPP and is protected by law. You are granted a limited, revocable license to access and use the Site for personal or internal business purposes only.

3. Purchases & Payments: Payments for Services must be made at the time of order through TPP’s authorized payment processor(s). All sales are final unless otherwise stated in a separate Policy or Writer Agreement.

4. Client Materials vs. Public Contributions:

• Client Materials: Any creative materials submitted for Services (e.g., scripts, treatments, outlines, bibles, pitch decks, loglines) are governed solely by the Writer Agreement, not by these Terms.

• Public Contributions: If you leave a public review, comment, or testimonial on the Site, you grant TPP a non-exclusive, worldwide, royalty-free license to display and reproduce that content for marketing or operational purposes.

5. Prohibited Use: You agree not to misuse the Site, including attempting to: (i) use it for illegal purposes; (ii) infringe IP rights; (iii) scrape or harvest data; (iv) upload malware; (v) harass or harm others; or (vi) interfere with Site security.

6. Third-Party Links: The Site may link to third-party websites. TPP is not responsible for such sites or their content. Use at your own risk.

7. Disclaimer: The Site and Content are provided “as is” without warranties of any kind, express or implied. TPP does not guarantee accuracy, reliability, or availability.

8. Limitation of Liability: To the fullest extent permitted by law, TPP and its representatives will not be liable for indirect, incidental, consequential, or special damages. In any event, TPP’s liability is limited to the lesser of: (i) the amount you paid to TPP for Site-based purchases in the six (6) months preceding the claim, or (ii) $1,150.

9. Indemnification: You agree to indemnify and hold harmless TPP and its employees, agents, and contractors from any claims, damages, or expenses arising from your misuse of the Site or breach of these Terms.

10. Governing Law: These Terms are governed by California law. Disputes will be resolved in the state or federal courts located in Los Angeles, California.

11. Contact:

Shannan E. Johnson, LLC d/b/a The Professional Pen
11304 Chandler Blvd., #897
North Hollywood, CA 91601
Email: info@theprofessionalpen.com

Privacy Notice

This privacy notice for Shannan E. Johnson, LLC (doing business as The Professional Pen) ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our website theprofessionalpen.com and any pages that link to this notice, and our sales, marketing, and events (together, the “Services”).

Questions or concerns? Contact us at info@theprofessionalpen.com.

Information we collect:

• You provide: name, email, account credentials, billing details (address, card last-4 via our payment processor), and any materials you submit for services.

• Automatically: IP address, device/browser info, pages viewed, timestamps, and similar usage data (via cookies/pixels).

• Payments: We use Stripe and PayPal to process payments; they receive your full payment details. See their privacy notices: stripe.com/privacy and paypal.com/privacy.

How we use information: To operate and secure the Services; create/manage accounts; deliver purchases and client services; communicate (service messages, updates, marketing if you opt in); process payments; analyze and improve the Services; comply with law; prevent fraud and abuse.

Sharing: We share information only with:

• Service providers (e.g., hosting, analytics, email, payment processors) under contracts that limit their use to our instructions;

• Legal/Compliance when required by law or to protect rights, safety, or security;

• Business transfers if we sell or restructure our business.

We don’t sell your personal information.

Cookies & similar tech: We use cookies/pixels to run the site and understand usage. You can control cookies in your browser settings; some features may not work without them.

Data retention: We keep personal information only as long as needed for the purposes above, to comply with legal requirements (e.g., tax), or to resolve disputes. When no longer needed, we delete or de-identify it.

Security: We use administrative, technical, and physical safeguards appropriate to the nature of the data. No system is 100% secure; use the Services at your own risk and report concerns to us.

Children: Our Services are for 18+. We don’t knowingly collect data from children under 18. If you believe a minor provided data, contact us to remove it.

Your choices & rights:

• Marketing: You can unsubscribe from marketing emails at any time (links in emails).

• Access/Update/Delete: Email us at info@theprofessionalpen.com. We’ll respond as required by applicable law.

• Do Not Track: We currently don’t respond to browser DNT signals.

International users: If you access the Services from outside the U.S., you consent to processing and storage in the U.S., which may have different data protection laws than your home jurisdiction.

Changes: We may update this notice; the “Last updated” date reflects the latest version. Material changes will be highlighted on the site or emailed when practical.

Last updated: September 2025

California Privacy Addendum

If you’re a California resident, the California Consumer Privacy Act (as amended) gives you rights to:

• Know/Access the categories and specific pieces of personal information we collected about you.

• Delete personal information (with legal exceptions).

• Correct inaccurate personal information.

• Limit use/disclosure of sensitive personal information (we only use payment credentials via processors to complete transactions).

• Non-discrimination for exercising your rights.

How to exercise: Email info@theprofessionalpen.com with “California Request” and specify access, deletion, or correction. We’ll verify your identity before fulfilling requests. You may use an authorized agent with valid written authorization.

Categories collected in the last 12 months: identifiers (name, email, IP), customer records (billing info), commercial information (orders, transactions), internet/usage data (pages, timestamps), and sensitive payment credentials processed by Stripe/PayPal. We do not sell or share personal information for cross-context behavioral advertising.