Executive Producer Agreement Form

EXECUTIVE PRODUCER AGREEMENT

This Executive Producer Agreement (the "Agreement") is entered into as of Effective Date: by and between Production Company Name: (an entity of type Corporation LLC Individual ) with principal address: (hereinafter "Company"), and Executive Producer Name: , address: (hereinafter "Executive Producer").

RECITALS

WHEREAS, Company is producing a motion picture, television program, or other audiovisual production currently entitled: (the "Production");

WHEREAS, Company desires to engage Executive Producer to provide services set forth herein, and Executive Producer is willing to provide such services on the terms and conditions contained in this Agreement;

WHEREAS, the parties intend by this Agreement to set forth their respective rights and obligations with respect to the services, compensation, credit and ownership of materials created in connection with the Production.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Company hereby engages Executive Producer, and Executive Producer accepts such engagement, to perform the services described in Section 1.2 on the terms and conditions of this Agreement.

1.3 Standard of Performance. Executive Producer shall perform services in a timely, professional manner, using commercially reasonable efforts consistent with industry standards and in coordination with Company's production schedule.

2. TERM

The term of this Agreement shall commence on Commencement Date: and shall continue through Completion Date: , unless earlier terminated as provided herein. Time is of the essence with respect to the performance deadlines set forth in the Production schedule.

3. COMPENSATION

3.1 Fee. As full compensation for the services to be performed hereunder, Company shall pay Executive Producer a fee in the amount of USD (the "Fee"), payable in accordance with the schedule set forth in Section 3.2.

3.3 Participation. If applicable, Executive Producer shall be entitled to a backend participation equal to % of Net Profits, defined as gross receipts less customary deductions and agreed distribution expenses. Any participation shall be subject to accounting and audit rights as set forth below.

4. CREDIT; PUBLICITY

Company shall accord Executive Producer a screen credit of the form: , which shall appear on the main title card or end credits in a manner no less favorable than other producers of similar status. All promotional materials referencing Executive Producer shall be subject to reasonable approval rights of Company for accuracy.

5. OWNERSHIP; INTELLECTUAL PROPERTY

5.1 Work for Hire. Executive Producer acknowledges and agrees that all deliverables, materials, ideas, and contributions created by Executive Producer under this Agreement (the "Materials") shall be considered "works made for hire" to the fullest extent permitted by law. To the extent any Materials are not deemed works made for hire, Executive Producer hereby assigns to Company all right, title and interest in and to such Materials, including copyrights and all renewals and extensions thereto, throughout the world in perpetuity.

5.2 License to Pre-Existing Materials. Executive Producer shall grant Company a perpetual, irrevocable, royalty-free, worldwide license to incorporate any pre-existing materials necessary for the Production. Executive Producer warrants that incorporation will not infringe any third party rights.

6. CONFIDENTIALITY

Executive Producer acknowledges that during the term of this Agreement Executive Producer will receive Confidential Information of Company. Executive Producer shall maintain all such Confidential Information in strict confidence and shall not use or disclose it except as required to perform services hereunder. The confidentiality obligations shall survive for a period of years after termination.

7. REPRESENTATIONS AND WARRANTIES

Executive Producer represents and warrants that: (a) Executive Producer has full power and authority to enter into this Agreement; (b) the performance of services and the delivery of Materials will not violate any agreement with a third party; and (c) Executive Producer will perform all services in a professional and workmanlike manner.

8. INDEMNIFICATION

Executive Producer shall indemnify, defend and hold harmless Company and its officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of a breach by Executive Producer of any representation, warranty or covenant in this Agreement or any claim of infringement arising from Materials provided by Executive Producer.

9. INSURANCE

Executive Producer shall, at Executive Producer's expense, maintain during the term of this Agreement customary industry insurance, including commercial general liability and errors and omissions insurance with minimum limits of , and shall provide certificates of insurance upon request.

10. TERMINATION

Either party may terminate this Agreement for material breach by the other party upon written notice and a cure period of days. Company may terminate immediately for convenience upon payment of fees earned to date and reimbursement of pre-approved, non-cancellable expenses.

11. NOTICES

All notices required or permitted hereunder shall be in writing and sent to the addresses below by certified mail, courier, or personal delivery and shall be effective upon receipt.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver by either party of any breach shall be effective unless in writing. This Agreement may be executed in counterparts and delivered by electronic transmission, each of which shall be deemed an original.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The parties acknowledge that they have read this Agreement, understand its terms, and have executed it voluntarily and with full authority to bind the respective parties.

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