Film Production Graphics Template

Film Production Graphics Template

This General Business Agreement ("Agreement") is made effective as of between Production Company: with address and Graphics Provider: with address .

WHEREAS

WHEREAS, Production Company is producing a motion picture or audiovisual project titled (the "Project") and requires graphics, motion design, and associated artwork for use in the Project and for ancillary promotion; and

WHEREAS, Graphics Provider represents that it has the experience and capability to prepare, deliver and, if applicable, install the graphics and related deliverables described in this Agreement in a professional manner consistent with industry standards; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the development, delivery, licensing and payment for such graphics and related services.

SCOPE OF WORK

Graphics Provider shall perform the services and deliver the items described below (the "Services" and "Deliverables"). Services include design, animation, file preparation, color-correction and delivery of master and versioned assets as required by Production Company.

DELIVERABLES & SPECIFICATIONS

Deliverables shall include the items checked below and any additional items described in the Detailed Scope of Work. All digital deliverables must comply with the technical specifications provided.

Title sequence / opening graphics

Lower-thirds / on-screen graphics

Logo animation / ident

Marketing assets (posters, social media)

PAYMENT TERMS

Production Company shall pay Graphics Provider the total fee set forth below in exchange for the Services and Deliverables, subject to the terms of this Agreement. Partial or milestone payments shall be made according to the schedule below.

Late payments shall accrue interest at % per month on any unpaid balance, or the maximum rate permitted by law, whichever is lower. Graphics Provider may suspend delivery of outstanding Deliverables if amounts due are more than days overdue.

TERM AND TERMINATION

The term of this Agreement begins on and shall continue until , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure such breach within days after receiving written notice specifying the breach. Production Company shall pay Graphics Provider for all work performed and Deliverables properly delivered through the date of termination, subject to offsets for breach.

INTELLECTUAL PROPERTY & LICENSE

Ownership of and rights in the Deliverables shall be governed as follows unless otherwise agreed in writing:

Upon full and final payment of all amounts due hereunder, Graphics Provider assigns to Production Company all right, title and interest in the final, delivered graphics created specifically for the Project, including copyrights, to the extent assignable. Graphics Provider retains ownership of pre-existing materials, tools, libraries, templates and methodologies developed independently of this Agreement. For any pre-existing or third-party materials incorporated in a Deliverable, Graphics Provider shall identify such materials and shall secure and maintain all necessary rights and licenses at Graphics Provider's expense.

Notwithstanding assignment of final Deliverables, Graphics Provider may retain and use low-resolution archival copies for its portfolio, provided such use does not disclose confidential information or material not otherwise publicly released by Production Company prior to such use.

REVISIONS

Production Company is entitled to rounds of revisions as described in the Scope of Work. Additional revisions will be billed at per revision or at Graphics Provider's then-current hourly rate.

CONFIDENTIALITY

Each party shall hold in confidence and not disclose any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information shall not include information that: (a) was already known to the receiving party without obligation of confidentiality; (b) becomes publicly available through no breach of this Agreement; or (c) is independently developed without use of Confidential Information.

The obligations set forth in this Confidentiality section shall survive termination of this Agreement for years, except with respect to trade secrets, for which protection shall continue as provided by applicable law.

WARRANTIES & INDEMNIFICATION

Graphics Provider warrants that the Deliverables will be original to Graphics Provider and will not infringe the intellectual property rights of any third party. Graphics Provider shall indemnify, defend and hold harmless Production Company from and against any claims, liabilities, losses, damages and expenses arising from breach of the foregoing warranty, except to the extent such claim arises from Production Company's use of the Deliverables in combination with other materials or alterations not authorized by Graphics Provider.

CREDITS & PROMOTION

Production Company shall provide credit to Graphics Provider in the Project's credits and promotional materials where reasonably practicable. The credit line shall read:

INSURANCE & COMPLIANCE

Graphics Provider shall maintain at its expense appropriate insurance coverage, including general liability and professional liability as applicable, and shall comply with all laws and guild/union requirements applicable to the Services. Upon request, Graphics Provider shall provide certificates of insurance and evidence of compliance.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved in the courts located within that state, unless the parties mutually agree otherwise in writing.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether oral or written. Any modification of this Agreement must be in writing and signed by both parties.

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