Production Supertitles Operator Document

PRODUCTION SUPERTITLES OPERATOR AGREEMENT

Parties

Recitals

WHEREAS, Producer is producing the live event or production titled (the "Production") to be presented at on .

WHEREAS, Producer requires the provision of supertitle services (live captioning / surtitles / projected translations) in the language(s) and Operator represents that it has the technical skill, personnel and equipment to provide such services as described below.

Scope of Work

Operator shall provide all labor, operators, software and on-site control for the display of supertitles and shall coordinate with Producer's stage management and technical staff. Operator is responsible for preparing cue scripts, timing, and live operator supervision for rehearsals and performances except where specific elements are designated as Producer-supplied below.

Display hardware    Control workstation    Supertitles software

Projector / video feed    Network connectivity / feed    Performance script

Payment Terms

Compensation for the services described in this Agreement shall be as follows: Total Fee: $ .

A deposit of the amount shown above is due upon execution of this Agreement. The balance is due within days of invoice, unless otherwise agreed in writing.

Late payments shall bear interest at % per month on the outstanding balance, calculated monthly, and Producer shall be responsible for reasonable collection costs and attorney fees incurred to collect overdue amounts.

Term and Termination

This Agreement shall commence on and shall terminate on unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon providing days' prior written notice to the other party. Either party may terminate immediately for material breach by the other party that is not cured within fourteen (14) days after written notice of such breach. Termination shall not relieve Producer of its obligation to pay for services rendered prior to termination.

Confidentiality

During the Term and for a period of two (2) years after termination, each party shall hold in confidence and not disclose to any third party any confidential information of the other party, including but not limited to cue scripts, translations, proprietary software configurations, pricing, and technical drawings, except to the extent such information: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was known to the receiving party prior to receipt from the disclosing party; or (c) is required to be disclosed by law or court order (provided the receiving party gives prompt notice to the disclosing party to permit a protective order or other relief). The receiving party shall use at least the same degree of care to protect confidential information as it uses to protect its own confidential information, but in no event less than reasonable care.

Warranties; Independent Contractor

Operator warrants that services will be provided in a professional manner in accordance with industry standards. Operator is an independent contractor and not an employee, agent, or partner of Producer. Operator shall be solely responsible for payment of all taxes, insurance and benefits for its personnel and shall maintain with commercially reasonable limits workers' compensation and general liability insurance covering its performance under this Agreement.

Limitation of Liability

Except for breaches of confidentiality or willful misconduct, neither party shall be liable to the other for consequential, incidental or punitive damages. The aggregate liability of either party arising out of or related to this Agreement shall not exceed the total fees paid to Operator under this Agreement for the specific Production.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law. The parties shall attempt in good faith to resolve disputes by negotiation prior to pursuing litigation.

Entire Agreement; Amendments

This Agreement, together with any attachments or addenda signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Producer may assign to an affiliate or successor in interest upon notice to Operator.

Sign Now