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Fill and Sign the Agreement Series Form

Fill and Sign the Agreement Series Form

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Agreement with Writer to Write for Television Series Agreement made on the _______________ (date), between ________________ (Name of Writer) of _____________________________________________________ _____________________ (street address, city, state, zip code) , referred to herein as Writer , and __________________________ (Name of Production Company), a corporation organized and existing under the laws of the state of ______________, with its principal office located at _______________________________________________ _________________________ (street address, city, state, zip code) , referred to herein as Company. Company hereby employs Writer and Writer accepts such employment to write scripts for a television Show (the Show) known as ________________________ (name of Show) , under the terms and conditions set forth below: 1. Use of Scripts The scripts for the Show may be used for the advertisement or promotion of any products in (designate geographic area) _______________________________, and the dialogue may be in English or in any foreign language. 2. Delivery of Scripts Writer shall deliver scripts suitable for a _____________ (broadcast or telecast) of _______ (number) episodes each week during the term of this Agreement, and each episode shall last approximately _______ (number) minutes, except as otherwise designated by Company. 3. Time of Delivery Writer shall furnish and deliver scripts so that Company shall be in possession of them not less than _____ (number) weeks prior to the beginning of the week in which they are scheduled to be broadcast. 4. Synopsis of Future Shows Writer shall furnish and deliver to Company on the _________ (first) day of each month a brief synopsis of the action to take place in the Show during the next following month. 5. Duties of Writer Writer shall prepare and write such scripts and synopses in a competent manner to the best of literary ability. Company shall have the right to make or suggest changes in any of the scripts or synopses submitted by Writer. 6. Date of Performance The date of the first scheduled ___________ (broadcast or telecast) under this Agreement shall be _______________ (date). This Agreement shall be for a term of _______ (number) consecutive weeks, commencing on _____________ (date), and ending on ________________ (date). Company shall have the right to terminate this Agreement as of ______________ (date), and subsequently, at the end of any (specify time period or cycle) _________________, upon giving ______ (number) days' written notice to Writer. When Company seeks to terminate the Agreement pursuant to this provision at the end of any (e.g., time period or cycle) ______________________ in which a suspension period pursuant to Section 14 ends, the notice of termination shall be given no later than _________________ (time period) before the date of the beginning of the suspension period. Company may adjust the cycles of this Agreement to coincide with those of the broadcasting facilities contracts, provided no one adjustment alters the termination date of any one cycle of this Agreement by more than one week. 7. Breach of Contract; Failure of Performance A. If Writer at any time commits a breach of any provision of this Agreement, or at any time fails or refuses to deliver any script or scripts under this Agreement, or if Writer delivers an unsatisfactory script and fails or refuses to furnish another script which is satisfactory, Company, in addition to other legal and equitable remedies, may immediately terminate this Agreement. B. If the failure of Writer to deliver scripts is due to illness, injury, or accident, Company may not terminate this Agreement and may engage only a temporary substitute Writer. However, if such illness, injury, or accident continues for ______ (number) or more consecutive _______________ (broadcasts or telecasts) , Company may terminate this Agreement on _____ (number) days notice. C. It is understood that the services of Writer are special, unique, unusual, extraordinary, and of an intellectual character, giving them such peculiar value, that Company in the event of such breach by Writer shall be entitled, in addition to any other remedies that Company may have, to equitable relief by way of injunction. 8. Content and Use of Script Company shall be under no obligation to cause the content of the scripts of Writer to be ________________ (broadcast or telecast) or otherwise to use such scripts. The only obligation of Company to Writer shall be to make payments of compensation required under this Agreement. 9. Compensation A. As full compensation for furnishing and delivering scripts under this Agreement, and for all rights, properties, and privileges vested in Company under the terms of this Agreement, Company shall pay to Writer $____________ per script. Such compensation shall be payable by Company to Writer on or before (designate day) ______________ of the (e.g., week) _____________ next following the week in which such scripts are scheduled to be _______________ (broadcast or telecast) . B. Company shall not pay Writer for any scripts that Company rejects as unsatisfactory or that Writer fails or refuses to deliver. If, for any cause beyond the reasonable control of Company, such as government or network action, partial or total failure or impairment of facilities, strike, delays in transmission, illness, accident, or any other cause beyond the reasonable control of Company, any one or more of the scheduled _____________ (broadcasts or telecasts) are not made, or the program production for any one or more of the scheduled ________________ (broadcasts or telecasts) is not accomplished, and the scripts of Writer are not used by Company, Company shall pay Writer $____________ per script for such unused script or scripts, but otherwise Writer shall not be entitled to payment for the script or scripts. If any such cause beyond the reasonable control of Company omission continues for _____ (number) or more weeks, Company may on ___________ (number of days) notice to Writer terminate this Agreement. 10. Warranty of Writer Writer warrants and represents to Company, producer, network, and stations over which the Show may be broadcast that in the making or performance of this Agreement he will not violate any laws, orders, or regulations, or the rights, legal or equitable, of any person, and that he has full right to perform those services called for by this Agreement. 11. Property Rights A. All scripts and synopses to be written and delivered by Writer under this Agreement shall be and remain the absolute property of Company. Writer acknowledges that he has no right or claim either under this Agreement or otherwise, to any copyright, title, or any other interest in the _________________ ____________ (name of Show) , including, but not limited to, the title, copyright, ideas, story, characters, plot, names, themes, or the other characteristics and incidents of the Show; all such rights are to be vested in Company. B. Work for Hire 1. Company shall own all rights in perpetuity in the Scripts, including all copyrights and trademarks therein, in all media, in all forms and by every method now known or hereafter created, and in all of the results and proceeds of Writer’s services hereunder (the Work). Writer acknowledges that the Work is a work specially ordered by Company for use as part of the television production, and, therefore, the Work shall be deemed “work made for hire” under section 101 of the Copyright Act of 1976 as amended; but in the event it is determined that the Work in whole or in part is not “work made for hire,” Writer hereby irrevocably assigns, conveys, and transfers to Company all proprietary rights he may own, including all copyrights and trademarks throughout the world in perpetuity in and to such Work and any and all rights of, and titles and interest in and to all proprietary rights in the Work throughout the world in perpetuity. Such assignment shall also include the goodwill associated with any trademarks assigned herein. 2. Without in any way limiting the generality of the foregoing, the rights herein granted to Company shall include all motion picture, television, radio, dramatic, publication, merchandising, and all other rights in and to the Work, including the sole and exclusive right to photograph, perform, exhibit, not exhibit, distribute, reproduce, transmit, broadcast or otherwise communicate the same. Company shall have unlimited re-release, foreign release, theatrical exhibition, supplemental market and all other rights to the Work. Company, and Company’s licensees and assigns shall have the right to adapt, change, revise, delete from, add to, and rearrange the Work or any part thereof submitted by Writer hereunder, and to combine the same with other materials in the Work or any other related work, or otherwise, to any extent, and in this connection Writer hereby waives any so-called “moral rights.” 12. Employment by Competitor A. During the term of this Agreement, Writer shall not conceive, prepare, write, or furnish scripts, synopses, or continuity for any program sponsored on behalf of any competitor of Company. Writer shall not render, directly or indirectly, any services to or in connection with any Show, or any other entertainment media, which is similar in title, plot, theme, characters, or ideas to the Show required by this Agreement. B. During the term of this Agreement, Writer shall not permit the use of his name, likeness, or endorsement in advertising or publicizing any product competitive with the Company. 13. Publicity by Company Company shall have the right to use and to license others to use the name, biographical material, and likeness of Writer for publicity, advertising, and trade purposes in connection with the Show. This right shall terminate with the termination of this Agreement, except for any material authorized or released by Company or its licensees prior to the termination of this Agreement. Writer shall not release, or authorize the release by anyone other Company, of any advertising material or publicity of any form with reference to the Show or any of its component parts without prior written approval of Company. 14. Suspension of Obligations of Writer Company may, at its option, suspend the obligations of Writer to supply scripts under this Agreement for a period of not more than _______ (number) consecutive weeks during the first and each subsequent _____________ (specify time period) of the term of this Agreement, by giving Writer not less than ______ (number) days' written notice to that effect. In the event of such suspension, Writer shall not be entitled to any compensation for the period of suspension. 15. Extension or Renewal; Other Employment Writer shall not, during the term of this Agreement, enter into any Agreement or arrangement with anyone other than Company which will prevent the extension or renewal of this Agreement, unless Writer shall have first notified Company in writing during the last ______________ (specify time period) of the term of this Agreement and shall have given Company within _______________ (specify time period) after receipt of such notice the first opportunity to engage the professional services of Writer on at least the same terms offered by such other party. 16. Termination by Company If Writer, at any time, commits any act or becomes involved in any situation or occurrence tending to bring Writer into public disrepute, contempt, scandal, or ridicule, or tending to shock, insult, or offend the community or any group or class of the community, or reflecting unfavorably on the reputation of Company, then Company shall have the right to terminate this Agreement immediately. 17. Correspondence All letters, mail, and other correspondence received from listeners or viewers in connection with this Show shall be the property of Company. 18. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 19. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 20. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 21. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 22. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 23. Mandatory ArbitrationAny dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 24. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 25. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 26. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 27. Confidentiality Writer and Company both acknowledge that all information and materials furnished from the Company concerning this Agreement and the performance of it is confidential and may not be used for any purpose other than in connection with this Agreement. 28. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 29. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 30. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated.____________________________ (Name of Production Company) ________________________ By:_________________________ (Printed Name of Writer) __________________________ ________________________ (Printed name & Office in Corporation) (Signature of Writer) __________________________ (Signature of Officer)

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