In exchange for my right to participate in a Long Bet and for other good and valuable consideration, receipt of which is acknowledged, I agree to the following terms with The Long Now Foundation, a California nonprofit public benefit corporation (with any successor, "the Foundation"):
The purpose of the Long Bets program is to encourage accountability in long range thinking and predictions. The role of the Foundation is to be the caretaker and arbiter of all Long Bets, and to make public the Bets and their outcomes in order to advance this purpose. To do this over the long term, the Foundation needs certain legal rights. To avoid any doubt, these rights are being confirmed in writing by this Agreement.
I hereby donate the sum of:
US $_______________
("donation") to the Foundation. So that this donation is currently tax deductible, I agree that this donation is a completed and irrevocable charitable contribution to the Foundation and that no amount will or can be repaid to me at any time.
I agree to participate in a "bet" between myself and:
_________________________________________
on the outcome of a certain issue or event to be determined at a specified date in the future, on the subject of:
_________________________________________
(the "Long Bet"). I have submitted a written argument to the Foundation discussing the issue or event subject to the Long Bet and my prediction of the outcome. I understand that the other participant to the Long Bet will submit his or her or its own written argument to the Foundation taking the contrary position and will donate an equal amount to the Foundation. I represent and warrant that my written argument and other submissions made by me to the Foundation are my own work and do not violate the copyrights or trademarks of others; and do not contain any defamatory or unlawful material.
I understand that none of (a) the Long Bet or (b) my written argument or (c) this Agreement can be revoked or modified or reneged by me or my heirs or devisees or representatives at any time.
The Foundation has the sole right and authority to decide the outcome of the Long Bet in its unilateral judgment, based on such criteria as it may consider relevant. The Foundation may, but is not obligated to, delegate its decision to a committee set up for that purpose. The Foundation also may, but is not obligated to, decide the outcome at an earlier date if the outcome is obvious. I agree that all interpretations and decisions made by the Foundation will be final, binding and conclusive on me and my heirs and devisees and representatives and on all other persons.
I understand that the Foundation and others will widely publicize and may summarize or characterize the Long Bet, the written arguments, other materials and commentary, and the decision on the outcome of the Bet; and I irrevocably consent to the same.
I also grant to the Foundation (and its successors and assigns) the nonexclusive right to use and reproduce my name, picture, likeness and/or biographical information in connection with the Long Bets program, including all rights of publicity or privacy under applicable law now or later in existence. These rights will be irrevocable and perpetual throughout the universe and include but are not limited to the right to sublicense to others, including but not limited to Wired Magazine, and the right to identify me publicly as the winner or loser of the Long Bet.
I also understand that there will be public comments about the Long Bet or its participants published on the Foundation website and elsewhere, and that some comments may be negative. I agree that the Foundation is not responsible for such comments and has no obligation to censor or edit or remove them.
After the date that the Long Bet is decided, the Foundation will make a grant or grants based on the Long Bet to one or more charitable organizations selected and determined by the Foundation, with appropriate terms and conditions. While I wish that the Foundation make such a grant to the organization indicated below if I prevail on my Long Bet, I understand that my recommendation is advisory only and not binding on the Foundation. I agree that all decisions regarding the grant or grants will be made solely by the Foundation in its discretion. The grant or grants will equal the amount of the donations comprising the Long Bet plus 50 percent of the net investment returns attributable to the donations; subject to any investment losses. I agree that the Foundation is not acting as a trustee and that such donations and investment returns may be combined with other Foundation assets. The donations and any investment returns need not be segregated or allocated in any manner.
In order to manage the Long Bet over the long term, the Long Bet and all submissions made by me will be owned solely by the Foundation. I irrevocably assign and transfer to the Foundation and its successors all of the copyrights, moral rights, and all other intellectual property rights in and to each of (a) the Long Bet, (b) my written argument and (c) any other submissions made by me; including but not limited to the exclusive right to reproduce, distribute, publish, display, edit or modify, create any and all derivative works from, rights to renew or extend and all other rights in and claims related to the any of the foregoing under the laws of any jurisdiction; whether now or later in existence. These transferred rights will be exclusive and perpetual throughout the universe for the Foundation and its successors.
The Foundation is free to accept other Long Bets, whether similar or identical to or different from my Long Bet.
I have been granted no rights or licenses in the name "Long Bets" or other trademarks or intellectual property of the Foundation.
I represent and warrant that I have the full right, power and authority to enter into this agreement and grant all of the rights provided. I also agree to execute and deliver any other documents that may be necessary to perfect the rights of the Foundation under this Agreement, without additional compensation.
I will fully indemnify and hold harmless the Foundation and its officers, directors, employees, agents, successors, licensees and assigns against any claim, loss or damages resulting from any breach of this Agreement or any statement, act or omission by me or my agent or representative.
This is a legally binding agreement governed by California law. This is our entire agreement concerning the subject matter and supersedes all prior or current agreements and understandings and discussions and summaries. This agreement may not be amended except by a writing signed by the Foundation, the other participant and me. All actions to enforce or interpret this agreement or any rights hereunder will be brought exclusively in the federal or state courts located in San Francisco, California, USA, and such courts will have exclusive jurisdiction and venue for any actions; and both of us submit to the same. If a competent court determines that any provision of this Agreement is invalid or unenforceable, the rest of this Agreement shall remain in full force and effect.
This agreement is not assignable or transferable by me or my heirs or devisees or representatives or successors. The Foundation may assign or transfer or license or sublicense this agreement or any of its rights. Subject to the foregoing, this agreement will benefit and be binding upon each of us and our respective officers, directors, members, employees, agents, heirs, devisees, spouses, executors, administrators, legal representatives, successors and permitted licensees and assigns.
I also understand and agree that the other participant in the Long Bet is engaging in such Bet in reliance upon this Agreement.
