Fill and Sign the Agreement to Produce Motion Picture Form

Agreement to Produce Motion Picture Agreement made on the ___________________ (date), between ________________________ (Name of Producer) of __________________________ ________________________________________________ (street address, city, state, zip code) , referred to herein as Producer, and _______________________ (Name of Client) , 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 Client .For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Production of FilmA. Description of Film. Producer shall produce for Client, pursuant to the terms and conditions of this Agreement, a (describe film) __________________ __________________________________________________________________________________________________________________ (the Production).B. Length and Type of Film. The Production shall be photographed with (specify size) _____________, _______________ (black and white or color) film, and shall be approximately __________ (number) minutes in final edited length.C. Script. The script for the Production shall be supplied by Client and shall be completed not later than __________________ (date).D. Technical Details. Producer shall conform to technical advice furnished by Client from time to time and shall consult with Client on matters pertaining to technical information contained in the script or otherwise necessary for the Production.E. Control of Production. Producer shall at all times have complete charge of the preparation, filming, and developing of the Production.F. Ownership of Copyright. The entire right, title, and interest in the Production and in the copyright in the Production when completed shall, subject to other provisions of this Agreement, remain in Client, and Client shall be entitled to assign the copyright with all its rights and obligations under and pursuant to this Agreement.2. Producer’s Compensation A. Amount and Terms of Payment. Client shall pay Producer, and Producer shall accept for all of its services under and pursuant to this Agreement, $____________, payable as follows:1. ______% on execution of this Agreement;2. ______% on completion of principal photography of the Production; and 3. the balance on delivery of the Production.B. Changes and Revisions. The above sum is based on the script as originally supplied and approved by Client. If changes or revisions of any kind are subsequently made at Client's request, then Producer shall be entitled to additional payment, the amount of which shall be mutually agreed upon between Producer and Client, in writing, prior to proceeding with such changes or revisions.C. Producer's Lien. Producer shall have a lien on the negative of the Production and its duplicates until the above sums and all further indebtedness pertaining to any and all work performed by Producer in connection with such negative, including prints from such negative, for Client's account, have been paid in full.3. Completion and Delivery of ProductionA. Completion Date. Subject to the contingencies referred to in Paragraph C of this Section, Producer shall deliver the completed Production to Client on or before ________________ (date).B. Storage of Negative. The Production shall be deemed completed when Producer delivers to Client one composite print of the film. The negative of the Production shall be retained by Producer at all times in its vault. Client shall carry such insurance on such negative as it may desire. Producer shall be under no obligation to insure the negative, and shall hold the same at Client's risk.C. Postponement of Delivery. If Producer is materially delayed in the preparation, Production, or completion of the Production by reason of fire, casualty, lockout, strike, labor conditions, unavoidable accident, riot, war, act of God, or by the enactment of any municipal, state, or federal ordinance or law, or any other legally constituted authority, or any other cause of similar kind or character, the occurrence of any such event shall excuse Producer's failure to deliver the Production on the above-stated date. Producer shall, however, complete and deliver such Production as expeditiously as possible after the cessation of any such event. D. Liquidated Damages. Subject to the provisions of Paragraph C of this Section, for each day the Production contemplated in this Agreement shall remain uncompleted beyond the time set for its completion, Producer shall pay to Client $_________, as liquidated damages. Such sum may be deducted by Client from money due or to become due to Producer as compensation under this Agreement.E. Additional Prints. After the Production is completed, if Client desires additional prints, Client shall order the same from Producer, and Producer shall furnish such prints to Client in a quality substantially equal to that furnished by Producer at the time of delivery of the Production, at Producer's then usual per foot charge for similar prints.4.SeverabilityThe 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. 5.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. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 7. Notices 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. 8.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. 9. 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. 10.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. 11. 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. 12.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. 13.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. 14. 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 Client) ________________________ By:_________________________ (Printed Name of Producer) _______________________ ________________________ (Printed name & Office in Corporation) (Signature of Producer) _______________________ (Signature of Officer)