Film Production Contract

FILM PRODUCTION CONTRACT

This Film Production Contract (the "Agreement") is entered into as of Effective Date: by and between Producer: with principal place of business at and Production Services Provider: with principal place of business at . Each of Producer and Production Services Provider is herein a "Party" and collectively the "Parties."

RECITALS

WHEREAS, Producer intends to finance, develop, produce and exploit a motion picture currently entitled (the "Picture"); and

WHEREAS, Provider has expertise in film production services, including but not limited to crew, equipment, locations, post-production coordination and delivery of masters; and

WHEREAS, Producer desires to engage Provider, and Provider agrees to render such services, on the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Delivery Materials" means all finished picture elements, sound elements, closed-caption files, masters, rushes, digital files, dailies, and any other materials delivered by Provider to Producer pursuant to this Agreement. 1.2 "Territory" means worldwide. 1.3 "Term" means the period beginning on Production Commencement Date and ending upon Final Delivery and acceptance, unless earlier terminated as provided herein.

2. SERVICES

2.1 Provider shall provide all production services reasonably necessary to produce the Picture (the "Services"), including but not limited to pre-production, principal photography, post-production coordination, provision of crew and equipment, procurement of locations and permits, and delivery of Delivery Materials in formats reasonably requested by Producer. Provider shall perform the Services in a professional manner consistent with industry standards.

2.2 Provider shall comply with all applicable laws, union rules, guild agreements and third-party contractual obligations disclosed in writing to Producer prior to execution of this Agreement. Provider shall not enter into agreements on Producer's behalf without Producer's prior written consent.

3. PRODUCTION SCHEDULE

3.1 Production Commencement Date: . Estimated Principal Photography Completion Date: . Any change to these dates shall be documented in a written schedule signed by both Parties.

3.2 Provider shall provide Producer with a detailed shooting schedule, production call sheets and location schedules as they become available.

4. COMPENSATION; PAYMENT SCHEDULE

4.1 Producer shall pay Provider a total production fee of (the "Fee"), payable in accordance with the following schedule: Deposit on execution: ; Progress payment upon commencement: ; Final payment upon Final Delivery Acceptance: .

4.2 All payments shall be made in U.S. Dollars within thirty (30) days of receipt of invoice unless otherwise specified. Late payments shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Producer may withhold payment for Services not performed in accordance with this Agreement until cured.

5. OWNERSHIP; INTELLECTUAL PROPERTY

5.1 All right, title and interest in and to the Picture and the Delivery Materials, including copyright and all ancillary rights, shall be owned exclusively by Producer. To the extent any rights in the Services or Delivery Materials are deemed to vest in Provider, Provider hereby irrevocably assigns and transfers such rights to Producer, and agrees to execute all documents reasonably necessary to effectuate such assignment.

5.2 Provider grants to Producer a perpetual, irrevocable, exclusive, worldwide license to use, exploit, modify and distribute the Delivery Materials in any and all media now known or hereafter devised, in perpetuity.

6. CREDITS AND PROMOTION

6.1 Producer shall accord Provider a credit in the main titles or end titles of the Picture in substantially the following form: . The placement and size of such credit shall be at Producer's sole discretion, consistent with industry practice.

6.2 Provider shall cooperate with Producer in promotional activities reasonably requested by Producer, including provision of behind-the-scenes materials and participation in publicity events, subject to reasonable scheduling.

7. WARRANTIES AND REPRESENTATIONS

7.1 Provider represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement; (b) the Services will be provided in a professional and workmanlike manner; (c) the Delivery Materials will be original to the extent provided by Provider and will not infringe any third-party rights; and (d) Provider will obtain and, upon request, deliver to Producer written releases from cast, crew and suppliers granting Producer the necessary rights to exploit the Picture.

8. INSURANCE

8.1 Provider shall maintain, at its expense, production insurance customary in the industry, including general liability, workers' compensation, employer's liability and "all risks" property insurance covering equipment and negative/masters. Provider shall provide Producer with certificates of insurance naming Producer as additional insured upon request.

9. INDEMNIFICATION

9.1 Provider shall indemnify, defend and hold harmless Producer, its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Provider's breach of this Agreement, negligence, willful misconduct, or any claim that the Delivery Materials infringe the rights of a third party.

10. CONFIDENTIALITY

10.1 Each Party shall keep confidential and not disclose to any third party any nonpublic information received from the other Party relating to the Picture, the budget, the business plans and other proprietary information, except as required by law or as necessary to perform the Services. Confidential information shall not include information that is or becomes publicly known through no breach of this Agreement.

11. TERMINATION

11.1 Either Party may terminate this Agreement for material breach by the other Party if such breach is not cured within thirty (30) days after written notice. Upon termination, Producer shall pay Provider for Services performed through the effective date of termination and any non-cancellable obligations reasonably committed to by Provider prior to termination.

12. FORCE MAJEURE

12.1 Neither Party shall be liable for delays or failures to perform resulting from causes beyond its reasonable control, including acts of God, pandemic, strikes, governmental action, fire, flood, acts of war or civil unrest. The affected Party shall provide prompt written notice and use commercially reasonable efforts to resume performance.

13. NOTICES

Producer Notice Address:

Provider Notice Address:

13.1 All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered in person, by nationally recognized overnight courier, or three (3) business days after deposit in the U.S. mail, postage prepaid, addressed to the Party at its notice address above or such other address as either Party may designate by notice in accordance with this Section.

14. ASSIGNMENT

14.1 Neither Party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other Party, except that Producer may assign this Agreement to an affiliate or to a purchaser of substantially all of Producer's assets or rights in the Picture.

15. AMENDMENT; WAIVER

15.1 This Agreement may be amended, modified or supplemented only by a written instrument signed by both Parties. No failure or delay by either Party in exercising any right shall operate as a waiver of that right.

16. GOVERNING LAW

16.1 This Agreement shall be governed by and construed in accordance with the laws of the State of without giving effect to conflict of laws principles that would result in the application of the laws of any other jurisdiction.

17. ENTIRE AGREEMENT

17.1 This Agreement, together with any exhibits and schedules attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings and negotiations between the Parties.

18. SEVERABILITY

18.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

19. COUNTERPARTS

19.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be binding.

20. SPECIAL PROVISIONS

Additional Provisions (if any):

Sign Now