Playwright Contract Template

PLAYWRIGHT CONTRACT TEMPLATE

Parties

Recitals

WHEREAS, Producer engages in the development, production and/or presentation of theatrical works and wishes to acquire certain rights in the play entitled ""; and

WHEREAS, Playwright is the sole author of the Work and is willing to grant Producer the limited rights described in this agreement in consideration of the payments and obligations set forth below; and

WHEREAS, Producer and Playwright desire to set forth their entire agreement concerning delivery, rights, compensation, and other material terms.

Scope of Work

Playwright shall deliver to Producer a completed script (the "Work") conforming to the specifications agreed below. Delivery shall include all playable dialogue, stage directions and any agreed supplemental materials.

Delivery Deadline:   Revisions included: revision(s).

Rights Granted

Subject to full payment and compliance with this agreement, Playwright grants Producer an exclusive license to produce, perform, market and record the Work for the Term set forth below. Unless otherwise stated in writing, Playwright retains all rights not expressly granted. Producer's rights are limited to the Territory described:

Payment Terms

Total Fee: $ payable as set forth below.

Late Payment: Any unpaid amount shall accrue interest at compounded monthly, and Producer shall be responsible for reasonable collection costs and attorneys' fees incurred to enforce payment.

Term and Termination

Term Commencement Date: . Termination Date (if applicable): .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days of receipt of written notice. Termination shall not relieve either party of obligations accrued prior to termination, including payment obligations.

Confidentiality

Each party shall keep confidential all non-public business, creative, technical and financial information disclosed in connection with this Agreement and shall not use such information except to perform its obligations hereunder. Confidential information does not include information that is or becomes publicly known through no wrongful act of the receiving party, is already lawfully known to the receiving party, or is independently developed without reference to the disclosing party's confidential information.

Upon termination or upon written request, each party shall promptly return or certify destruction of the other party’s confidential materials, except that Producer may retain one archival copy for legal and recordkeeping purposes.

Representations, Warranties and Indemnity

Playwright represents and warrants that (a) Playwright is the sole author of the Work and has full right and authority to enter into this Agreement, (b) the Work is original and does not infringe the rights of any third party, and (c) there are no outstanding agreements or obligations inconsistent with the rights granted hereunder.

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

Credit; Publicity

Playwright shall receive appropriate credit in all programs, advertising and publicity for productions of the Work in a form consistent with industry practice. Producer shall submit publicity materials bearing Playwright's credit for Playwright’s prior approval, which shall not be unreasonably withheld.

Assignment

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Producer may assign to a successor producing entity in connection with the transfer of production rights, provided such assignee assumes all Producer obligations hereunder.

Governing Law; Dispute Resolution

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 agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation prior to instituting litigation. If mediation does not resolve the dispute, either party may pursue any remedies available at law or in equity.

Entire Agreement; Amendments

This Agreement (including any exhibits or schedules signed by the parties) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements. Any amendment or modification must be in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Headings are for convenience only and shall not affect interpretation.

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