Playwright Contract Agreement

PLAYWRIGHT CONTRACT AGREEMENT

This Playwright Contract Agreement (the "Agreement") is entered into as of by and between Producer Name: (hereinafter "Producer"), and Playwright Name: (hereinafter "Playwright"). Producer and Playwright may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Producer is engaged in the development, production and exploitation of theatrical works and desires to commission and produce an original play; and

WHEREAS, Playwright is a professional dramatist possessing skill and experience in the creation of dramatic works and is willing to write, deliver and, where applicable, assign certain rights in such work to Producer under the terms set forth herein; and

WHEREAS, the Parties wish to set forth their respective rights and obligations regarding the commissioned play and its exploitation.

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

1. ENGAGEMENT AND WORK

1.1 Engagement. Producer hereby engages Playwright, and Playwright accepts engagement, to write an original full-length play currently entitled: (the "Work") in accordance with the schedule and terms in this Agreement.

1.2 Scope. The Work shall be a stage play of approximately and shall include all dialogue, stage directions, and ancillary materials necessary for production unless expressly excluded in writing.

2. DELIVERY; SCHEDULE

2.1 Delivery Dates. Playwright shall deliver the following to Producer: first draft due on , revised draft due on , and final draft due on . Time is of the essence with respect to these delivery dates.

2.2 Failure to Deliver. If Playwright fails to timely deliver any required draft, Producer may, after providing written notice and a cure period of days, terminate this Agreement for material breach and pursue any and all remedies available at law or in equity.

3. GRANT OF RIGHTS

3.1 Assignment/License. Subject to Section 3.3 below, Playwright hereby grants and assigns to Producer (or its designees) the exclusive right, throughout the world and for the full duration of copyright, to produce, perform, reproduce, adapt, publish, license, and exploit the Work in all media now known or hereafter invented.

3.2 Reservation of Rights. Playwright expressly reserves the right to use the underlying ideas, themes, and concepts contained in the Work in subsequent works so long as such subsequent works do not substantially replicate or derive from the Work as delivered under this Agreement.

3.3 Work for Hire. To the extent permitted by law, the Parties agree that the Work shall be considered a work made for hire and ownership vests in Producer upon creation. To the extent any portion does not qualify as work made for hire, Playwright hereby irrevocably assigns all right, title and interest in and to the Work to Producer.

4. COMPENSATION

4.1 Fees. As full compensation for Playwright's services and the rights granted herein, Producer shall pay Playwright a total fee of USD, payable as follows:

4.2 Additional Compensation. In the event the Work is produced commercially beyond the initial production contemplated, Playwright shall be entitled to additional compensation as agreed in writing or as set forth in an applicable royalty schedule below.

5. CREDITS AND MORAL RIGHTS

5.1 Credit. Producer shall accord Playwright a credit on playbills and advertising consistent with industry customs. The credit shall read:

5.2 Moral Rights. To the extent permitted by law, Playwright hereby waives any moral rights to the Work that would prevent Producer from revising, editing, translating or adapting the Work for production and exploitation as provided in this Agreement.

6. REVISIONS AND APPROVAL

6.1 Revisions. Producer shall have the right to request reasonable revisions. Playwright shall provide up to rounds of revision at no additional fee. Additional revisions requested by Producer shall be compensated at a mutually agreed rate.

6.2 Approval. Except where expressly reserved, Producer shall have final approval over elements necessary for production including titles and structure for the production rendition of the Work.

7. WARRANTIES, REPRESENTATIONS AND INDEMNIFICATION

7.1 Warranties. Playwright represents and warrants that (a) Playwright is the sole author of the Work and owns all rights therein; (b) the Work is original and does not infringe any third party rights; (c) there are no pending claims, actions or agreements that would limit the rights granted to Producer.

7.2 Indemnification. Playwright shall indemnify, defend and hold Producer harmless from and against any and all third-party claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of a breach of the foregoing warranties. Producer shall provide prompt written notice of any claim and may participate in the defense; however, Playwright shall control the defense and settlement, provided no settlement shall impose obligations on Producer without Producer's prior written consent.

8. CONFIDENTIALITY

8.1 Confidential Information. The Parties acknowledge that information exchanged in connection with the development and production of the Work may be confidential. Each Party shall hold such information in confidence and shall not disclose it to third parties except as necessary to effectuate the terms of this Agreement or as required by law.

9. INSURANCE

Producer shall maintain customary production insurance and, where applicable, name Playwright as an additional insured or loss payee with respect to claims arising from the production. Specific limits requested by Playwright should be set forth here:

10. TERM, TERMINATION AND REMEDIES

10.1 Term. This Agreement shall commence on the effective date set forth above and shall continue until completion of all obligations hereunder unless earlier terminated pursuant to this Section.

10.2 Termination for Cause. Either Party may terminate this Agreement upon material breach by the other Party if the breaching Party fails to cure such breach within days after written notice. Termination shall be without prejudice to any remedies available at law or equity.

10.3 Remedies. Upon termination by Producer for Playwright's uncured breach, Producer may retain any and all deposits and shall have the right to engage a substitute writer to complete the Work, with reasonable credit adjustments to reflect contributions.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or by nationally recognized overnight courier, to the address of the Party set forth below or to such other address as a Party may designate by written notice to the other.

12. ASSIGNMENT

Producer may assign its rights under this Agreement to a successor or affiliate without Playwright's consent. Playwright shall not assign or transfer Playwright's obligations or rights hereunder without Producer's prior written consent, which shall not be unreasonably withheld.

13. AMENDMENT; WAIVER

No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties. The waiver by either Party of any breach of any provision of this Agreement shall not operate as a waiver of any subsequent breach.

14. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The Parties submit to the exclusive jurisdiction of the state and federal courts located in that State for any dispute arising out of this Agreement.

15. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any exhibits or schedules attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. COUNTERPARTS; ELECTRONIC SIGNATURES

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. Electronic signatures or scanned counterparts shall be binding and have the same effect as original signatures.

OTHER PROVISIONS

Playwright is engaged as an independent contractor and not as an employee of Producer. Choose applicable status: Individual Entity

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