Production Management Plan

PRODUCTION MANAGEMENT PLAN

Producer Name:    Client Name:

Production Title:    Effective Date:

RECITALS

WHEREAS, Producer is engaged in the planning, coordination and management of motion picture, video and related production services and has the personnel, equipment and expertise required to perform production management services for the Production identified above; and

WHEREAS, Client desires to retain Producer to perform production management services on the terms and conditions set forth in this Production Management Plan and Producer desires to perform such services for Client; and

WHEREAS, the parties intend this document to govern the management, scheduling, budgeting and delivery of production services and related responsibilities during the Term set forth below.

SCOPE OF WORK

Description of services to be performed by Producer, including but not limited to budgeting, scheduling, staffing, location coordination, permits, vendor procurement, on-set management, wrap logistics and post-production coordination. The Producer shall perform the services described below in a professional manner consistent with industry standards.

PRODUCTION DETAILS

Anticipated Production Start Date:    Anticipated Production End Date:

SCHEDULE & MILESTONES

DELIVERABLES

PERSONNEL & RESPONSIBILITIES

EQUIPMENT, FACILITIES & PERMITS

PAYMENT TERMS

Producer Fee Amount:

Late Payment Fee:

All invoices issued by Producer shall be due and payable within the period specified in the Payment Schedule. Unpaid amounts shall accrue interest at the late payment rate set forth above and Client shall also reimburse Producer for reasonable collection costs and attorney fees incurred to recover unpaid amounts.

TERM AND TERMINATION

Term Commencement:    Term Expiration:

Notice Period for Termination: days.

Either party may terminate this Plan for material breach by the other party if the breaching party fails to cure the breach within fifteen (15) days after receipt of written notice specifying the breach. Client may terminate for convenience upon providing the Notice Period and shall be responsible for payment for services performed and non-cancellable obligations incurred through the effective date of termination, plus reasonable wind-down costs as set forth in the Payment Schedule.

CONFIDENTIALITY

Each party (the "Receiving Party") shall keep confidential all non-public information disclosed by the other party (the "Disclosing Party") that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that: (a) was in the public domain at the time of disclosure; (b) becomes part of the public domain through no fault of the Receiving Party; (c) is lawfully obtained from a third party without breach of an obligation of confidentiality; or (d) is independently developed by the Receiving Party without use of Confidential Information.

The Receiving Party shall not disclose Confidential Information except to employees, contractors and agents who have a need to know for the performance of this Plan and who are bound by confidentiality obligations at least as protective as those contained herein. Upon termination or upon written request, the Receiving Party shall return or destroy the Disclosing Party's Confidential Information and certify such return or destruction.

INTELLECTUAL PROPERTY; DELIVERABLES

Unless otherwise agreed in writing, Client shall own the final deliverables created under this Plan upon final payment. Producer hereby assigns to Client all right, title and interest in and to the deliverables, subject to Producer's retained rights in pre-existing materials and third-party materials. Producer shall, at Client's request and expense, execute documents reasonably necessary to evidence or effectuate such assignment.

Producer warrants that deliverables delivered to Client will be original to Producer and will not infringe third-party rights. To the extent that any third-party licenses are required, Producer shall obtain and maintain them at Producer's expense unless otherwise agreed in writing.

INSURANCE & INDEMNITY

Producer shall maintain, at its expense, commercial general liability insurance, employer's liability and workers' compensation as required by law and other insurance customary in the industry for the size and nature of the Production. Producer shall provide certificates of insurance upon reasonable request.

Each party shall indemnify, defend and hold harmless the other party and its officers, directors, agents and employees from and against any third-party claims, damages, losses and expenses (including reasonable attorney fees) arising out of the indemnifying party's negligence, willful misconduct, or material breach of this Plan.

SAFETY, COMPLIANCE & PERMITS

Producer shall comply with all applicable laws, rules, regulations and permit requirements in connection with performance of services and shall be responsible for obtaining required permits unless the parties agree otherwise in writing. Producer shall implement safety plans and protocols and shall ensure that crew and vendors comply with such protocols.

CHANGE ORDERS

Any changes to the Scope of Work, schedule or budget shall be authorized in writing by a signed change order describing the change, adjustment to compensation and any extension of time. No change shall be effective unless approved in writing by authorized representatives of both parties.

REPORTING AND MEETINGS

GOVERNING LAW; DISPUTE RESOLUTION

This Plan shall be governed by and construed in accordance with the laws of: without regard to conflict of law principles. The parties shall attempt in good faith to resolve disputes promptly by negotiation. If negotiation fails, disputes shall be resolved by binding arbitration conducted in accordance with the rules agreed by the parties at the time of dispute, or if no rules are agreed, by a reputable arbitration body selected by mutual agreement.

ENTIRE AGREEMENT

This Production Management Plan, including all exhibits and change orders signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any modification or amendment must be in writing and signed by authorized representatives of both parties.

NOTICES

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