Film Production Film Overlap

FILM PRODUCTION FILM OVERLAP AGREEMENT

Parties and Recitals

This Film Production Film Overlap Agreement (the "Agreement") is entered into as of the date of final signature below by and between Production A: , with principal address , and Production B: , with principal address (each a "Party" and collectively the "Parties").

WHEREAS, Production A is engaged in the development, pre-production, production and post-production of a motion picture currently entitled: ; and

WHEREAS, Production B is engaged in the development, pre-production, production and post-production of a motion picture currently entitled: ; and

WHEREAS, the Parties anticipate overlap in time and/or location of filming activities and desire to allocate scheduling, liability, insurance, and compensation responsibilities in order to reduce disruption and protect their respective productions.

Scope of Overlap and Services

Overlap Period: Commencing on and concluding on , unless otherwise amended in writing signed by authorized representatives of both Parties.

Scheduling Priority and Conflict Resolution

The Parties agree scheduling priority for any conflicting activity will be determined as follows (select one):

Production A shall have scheduling priority on specific overlapping dates and locations as set forth in the Scope of Overlap.
Production B shall have scheduling priority on specific overlapping dates and locations as set forth in the Scope of Overlap.
The Parties shall coordinate and share access, with priority determined in good faith by the Parties’ production managers and escalated to the producers if unresolved.

Escalation Contact for Production A: , Phone:

Escalation Contact for Production B: , Phone:

Payment Terms

Overlap Compensation Amount to be paid by: . Amount: $ .

Late Payment Fee: on any overdue amount calculated monthly and compounded in accordance with applicable law.

Term and Termination

Term Commencement Date: . Term End Date: .

Either Party may terminate this Agreement for material breach by the other Party if such breach is not cured within days after written notice. Termination for convenience requires days written notice.

Confidentiality

Each Party shall keep confidential and shall not disclose to any third party any non-public information concerning the other Party’s production, creative materials, business plans, cast and crew lists, locations, or technical specifications learned in connection with the overlap, except to the extent such disclosure is: (a) required by law; (b) necessary to perform obligations under this Agreement; or (c) already in the public domain other than by breach of this Agreement. Confidential information shall be used solely for the purpose of coordinating the overlap.

Insurance and Indemnity

Each Party represents that it maintains commercial general liability insurance and, where applicable, workers’ compensation insurance in amounts customary for motion picture productions. Minimum commercial general liability coverage shall be $ per occurrence.

Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Party"), its officers, agents and employees from and against all claims, liabilities, losses, damages and expenses (including reasonable attorneys’ fees) arising out of the Indemnifying Party’s negligent acts or willful misconduct in connection with the overlap, except to the extent caused by the Indemnified Party’s negligence or willful misconduct.

Certificate of Insurance required: Provided prior to commencement of overlapping activities.

Representations and Warranties

Each Party represents and warrants that it has full right, power and authority to enter into and perform this Agreement, that performance will not violate any other agreement or obligation, and that it will obtain any required permits and approvals for the overlapping activities.

Notices

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located within that State, and the Parties submit to the exclusive jurisdiction and venue of those courts.

This Agreement, together with any attachments or written amendments signed by authorized representatives of both Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Miscellaneous Provisions

Amendments or modifications to this Agreement must be in writing and signed by authorized representatives of both Parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party, except to a successor in interest by merger or acquisition.

Signatory Authority: The undersigned represent and warrant that they are duly authorized to execute this Agreement on behalf of the Party for which they sign.

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