Film Screenplay Template

FILM SCREENPLAY COMMISSION AGREEMENT

This Film Screenplay Commission Agreement ("Agreement") is entered into as of by and between Producer Name: (hereinafter "Producer") and Writer Name: (hereinafter "Writer").

WHEREAS

WHEREAS, Producer seeks to commission a motion picture screenplay for a project currently identified as Project Title: and Writer represents that Writer has the skill and ability to prepare such screenplay; and

WHEREAS, Writer agrees to deliver original screenplay material in accordance with the schedule, deliverables and payment terms set forth in this Agreement, and Producer agrees to compensate Writer subject to the terms herein.

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

SCOPE OF WORK

PAYMENT TERMS

Total Fee (USD): payable according to the schedule below. All payments are exclusive of applicable taxes which shall be borne by the payor unless otherwise agreed in writing.

Late Payment: Any undisputed amount not paid when due shall accrue interest at the rate of or the maximum rate permitted by law, whichever is lower. Producer shall be responsible for reasonable collection costs on past-due amounts.

TERM AND TERMINATION

Term Commencement Date: . Termination Date (if any): . Unless earlier terminated as provided below, this Agreement continues until the final obligations hereunder are satisfied.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach. Producer may terminate for convenience upon days' written notice, subject to payment for work performed and reimbursement of agreed non-cancellable expenses.

CONFIDENTIALITY

Writer and Producer shall keep confidential all non-public information and materials disclosed in connection with the development and delivery of the screenplay (collectively, "Confidential Information"). Confidential Information shall not include information that is or becomes public through no breach of this Agreement or which is independently developed by the receiving party. Confidential Information shall be used solely for performance under this Agreement and shall not be disclosed to any third party except to those employees, agents or contractors with a need to know and who are bound by confidentiality obligations no less protective than those herein.

REPRESENTATIONS AND WARRANTIES

Writer represents and warrants that Writer is the sole author of the screenplay material to be delivered, that such material will be original to Writer and will not infringe the rights of any third party, and that Writer has full right and authority to enter into this Agreement and grant the rights set forth herein. Producer represents that Producer has the authority to engage Writer under the terms set forth.

INTELLECTUAL PROPERTY AND RIGHTS GRANTED

Unless otherwise agreed in writing, Writer hereby grants Producer the exclusive option for to purchase all rights in the delivered screenplay including motion picture, television and ancillary exploitation, subject to payment of the fees set forth in this Agreement. Specific grant mechanics, credit, and underlying rights shall be set forth in a separate option/purchase agreement if exercised.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State/Jurisdiction of without regard to principles of conflicts of law. Any dispute arising out of or related to this Agreement shall be resolved as set forth herein.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, proposals, negotiations and communications, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

DELIVERY FORMAT AND TECHNICAL REQUIREMENTS

INDEMNIFICATION

Each party agrees to indemnify, defend and hold harmless the other party from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of any breach of the representations, warranties or obligations contained in this Agreement, except to the extent caused by the indemnified party's own gross negligence or willful misconduct.

MISCELLANEOUS

Notices required under this Agreement shall be delivered in writing to the addresses provided by the parties. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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