Contract for the Production of a Motion Picture
Agreement made on the ______________ (date) , between _________________
(Name of Producer) of __________________________________________________
___________________ (street address, city, state, zip code) , referred to herein as
Producer , and ___________________ (Name of Client) , a corporation organized and
existing under the laws of the state of ______________, with its principal office located
at ____________________________________________________________________
(street address, city, state, zip code) , referred to herein as Client .
1. Production of Film
A. Description of Film.
Producer shall produce for Client, pursuant to the terms and conditions of
this Agreement, a (describe film) _____________________________________
__________________________________________________ (the Production ).
B. Length and Type of Film.
The Production shall be photographed with ____________ (specify size)
color film, and shall be approximately _____ (number) minutes in final edited
length.
C. Script.
The script for the Production shall be written and supplied by
__________________ (Name) of _____________________________________
__________________________ (street address, city, state, zip code) , subject
to the approval of Client and Producer, and shall be completed not later than
______________ (date) .
D. Technical Details.
Producer shall conform to technical advice furnished by Client from time to
time and shall consult with Client on matters pertaining to technical information
contained in the script or otherwise necessary for the Production.
E. Control of Production.
Producer shall at all times have complete charge of the preparation,
filming, and developing of the Production.
F. Ownership of Copyright.
The entire right, title, and interest in the Production and in the copyright in
the Production when completed shall, subject to other provisions of this
Agreement, remain in Client, and Client shall be entitled to assign the copyright
with all his rights and obligations under and pursuant to this Agreement.
2. Producer’s Compensation
A. Amount and Terms of Payment.
Client shall pay Producer, and Producer shall accept for all of its services
under and pursuant to this Agreement, $__________, payable as follows:
1. _____% on execution of this Agreement;
2. _____% on completion of principal photography of the Production;
and
3. The balance on delivery of the Production.
B. Changes and Revisions.
The above sum is based on the script as originally approved by Client and
Producer. If changes or revisions of any kind are subsequently made at Client's
request, then Producer shall be entitled to additional payment, the amount of
which shall be mutually agreed upon between Producer and Client, in writing,
prior to proceeding with such changes or revisions.
C. Producer's Lien .
Producer shall have a lien on the negative of the Production and its
duplicates until the above sums and all further indebtedness pertaining to any
and all work performed by Producer in connection with such negative, including
prints from such negative, for Client's account, have been paid in full.
3. Completion and Delivery of Production
A. Completion Date .
Subject to the contingencies referred to in Paragraph C of this Section,
Producer shall deliver the completed Production to Client on or before
_______________ (date) .
B. Storage of Negative.
The Production shall be deemed completed when Producer delivers to
Client one composite print of the film. The negative of the Production shall be
retained by Producer at all times in its vault. Client shall carry such insurance on
such negative as it may desire. Producer shall be under no obligation to insure
the negative, and shall hold the same at Client's risk.
C. Postponement of Delivery.
If Producer is materially delayed in the preparation, Production, or
completion of the Production by reason of fire, casualty, lockout, strike, labor
conditions, unavoidable accident, riot, war, act of God, or by the enactment of
any municipal, state, or federal ordinance or law, or any other legally constituted
authority, or any other cause of similar kind or character, the occurrence of any
such event shall excuse Producer's failure to deliver the Production on the
above-stated date. Producer shall, however, complete and deliver such
Production as expeditiously as possible after the cessation of any such event.
D. Liquidated Damages .
Subject to the provisions of Paragraph C of this Section, for each day the
Production contemplated in this Agreement shall remain uncompleted beyond
the time set for its completion, Producer shall pay to Client ____________
(dollar amount) , as liquidated damages. Such sum may be deducted by Client
from money due or to become due to Producer as compensation under this
Agreement.
E. Additional Prints.
After the Production is completed, if Client desires additional prints, Client
shall order the same from Producer, and Producer shall furnish such prints
to Client in a quality substantially equal to that furnished by Producer at the
time of delivery of the Production, at Producer's then usual per foot charge
for similar prints.
4. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
5. No Waiver
The failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
6. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of _____________.
7. Notices
Unless provided herein to the contrary, any notice provided for or concerning this
Agreement shall be in writing and shall be deemed sufficiently given when sent by
certified or registered mail if sent to the respective address of each party as set forth at
the beginning of this Agreement.
8. Attorney’s Fees
In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.
9. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third
arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by
the rules of the American Arbitration Association then in force and effect.
10. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.
11. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if placed in writing and
signed by each party or an authorized representative of each party.
12. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
13. Counterparts
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
14. Compliance with Laws
In performing under this Agreement, all applicable governmental laws,
regulations, orders, and other rules of duly-constituted authority will be followed and
complied with in all respects by both parties.
15. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
_________________________
(Name of Client)
________________________ By:_____________________________
(P rinted Name of Producer) ______________________
(P rinted Name & Office in Corporation)
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