This agreement is made on this day ___ of 20
Name of Film Producing Company (the “Company”),
Writer’s Name (the “Writer”).
This Agreement will set forth the terms under which Company has agreed to engage Writer to render services to Company in connection with Screenplay currently titled Name of Screenplay (hereafter referred to as the “Screenplay”).
NOW THEREFORE, it is agreed among the parties:
(a) Writer shall render services to Company in the capacity of Writer. Services shall be rendered on the Screenplay commencing on a date as Company shall specify in advance. Services shall continue until the completion of principal photography, or until such later date as Company shall specify.
(b) Writer shall render all services as Company may require in connection with the capacity listed above regarding the Screenplay. Said services shall be rendered at the times and places required by Company and in a conscientious and professional manner.
(c) In connection with the exploitation of the Screenplay, Company shall also have the right to record, produce, reproduce, amplify, enlarge, broadcast, use, perform, and distribute Screenplays of Writer’s work or product of any kind or nature, whether the same shall have been created by Writer or others.
In the event that the film is purchased for major distribution, the Writer shall receive (percentage or amount) in the form of compensation. If Company never receives full reimbursement of all expenses and costs incurred in connection with the Screenplay, then Writer shall never receive the stated compensation. Writer understands that the possibility exists that Writer may never receive any portion of the stated compensation, and Writer expressly agrees to these terms. If Company receives full reimbursement for all expenses and costs incurred in connection with the Screenplay, Writer shall receive the stated compensation in a manner proportionate to all other persons who are entitled to compensation.
Provided Writer substantially renders the services contemplated in the Agreement on the Screenplay, renders them in a professional manner satisfactory to Company and further provided that Writer is not in breach of any of the terms of this Agreement, then Writer shall be accorded credit on the master(s) in a manner customary within the Screenplay industry. The size and placement of such credit shall be at the sole discretion of Company.
As Writer is an independent self-employed party, Writer shall be solely liable for the payment of all income and other taxes that may be due on the compensation that Company has paid for Writer.
- RESULTS AND PRODUCT
(a) In addition to Writer’s services rendered hereunder, Company shall solely and exclusively own all results, product, and proceeds thereof (including, but not limited to, all rights of whatever kind and character throughout the world, in perpetuity in any and all languages of production, manufacture, recordation, reproduction, performance, and exhibition in any manner and by any art, device, or method, now known or hereinafter devised), whether such results, product, and proceeds consist of literary, dramatic, musical, motion Screenplay, mechanical or any other form of works, themes, ideas, compositions, creations or products. Company’s acquisition hereunder shall also include all rights generally known in the field of literary and musical endeavor as the “moral rights of the authors” in and/or to any musical and/or literary proceeds of Writer’s services. Company shall also have the right in respect to such product, to add to, subtract from, change, arrange, revise, adapt, rearrange, translate into any and all languages, change the sequence, change the characters and the descriptions thereof, change the title of the same, record and photograph the same with or without sound (including spoken words, dialogue and music synchronously recorded), use said title or any of its components in connection with works or motion Screenplays wholly or partially independent thereof, to vend, copy, and publish the same as Company may desire. Writer hereby assigns to Company all of the foregoing without reservation, conditions or limitation and no right of any kind, nature, or description is reserved by Writer.
(b) Company shall always have the sole and exclusive right, but only in connection with the Screenplay or in connection with the services rendered by Writer with regard to the Screenplay, to use and display Writer’s name and likeness in advertising, publicizing and exploiting the Screenplay, including without limitation souvenir programs, commercial tie-ups, paperback editions of the literary property directly related to and on which the Screenplay is based, or any sound recordings.
- PUBLICITY AND ADVERTISING
Writer hereby specifically grants to Company the right to use Writer’s name, likeness, and biography in connection with the production, exhibition, advertising, and other exploitation of the Screenplay. Writer shall not circulate, publish, or otherwise disseminate any news stories or articles, books, or other publicity containing Writer’s name relating directly of indirectly to Writer’s services, the subject matter of this Agreement, the Screenplay or the services to be rendered by Writer or others for the Screenplay unless the same are first approved by Company.
If Writer fails or refuses to perform or comply with any material terms or conditions for any reason including but not limited to Writer’s physical or mental incapacity, then Company shall have the right to terminate this Agreement upon written notice thereof to Writer. Except as indicated below, prior to termination of this Agreement by Company based upon Writer Default, Company shall notify Writer, specifying the nature of the Writer Default. Writer shall have [hours] after the giving of such notice to cure the Default. If the Writer Default is not cured within the [hour] period, Company may terminate this Agreement forthwith. However, if Writer’s default is that Writer has failed to appear for a scheduled shoot for which Writer has been given prior notice, then Company may terminate this Agreement without sending Writer written notice of the default. Such termination, solely in this case, shall be effective immediately upon the giving of notice of termination by Company.
- EFFECT OF TERMINATION
Whether by lapse of time, mutual consent, operation of law, exercise of a right of termination or otherwise shall terminate Company’s obligation to pay Writer any further compensation. Neither Company nor Writer shall be deemed to have waived any other rights they may have or alter Company’s rights or any of Writer’s agreements or warranties in connection with the rendition of Writer’s services prior to termination.
- WRITER STATUS
All of Company’s obligations herein are expressly conditioned upon Writer’s warranty and guarantee to Company that Writer is properly licensed to do business in India and render the services contemplated in the Agreement. By signing this Agreement, Writer does so warrant/guarantee the same to Company. Writer acknowledges that Company has informed Writer that the Screenplay will be a non-union shoot. Writer further warrants and guarantees Company that this will not prevent Writer from rendering the Company the services specified under the terms of this Agreement. Writer agrees to indemnify and hold the Company harmless from any costs (including attorney fees) incurred by Company as a result of any claim that are inconsistent with the promises made by Writer to Company in this Agreement.
- ENTIRE AGREEMENT
This Agreement shall replace and supersede all previous arrangements, understandings, representation, or agreements, either oral or written, regarding the subject matter hereto and expresses the entire agreement between the Writer and Company with reference to the terms and conditions for the rendition of Writer’s services for Company for Company in connection with the Screenplay.
- PROMOTIONAL COPIES
Writer may purchase, at Company’s cost, one full copy of the Screenplay. Writer agrees to use this copy of the Screenplay solely for promotional use. Writer will not duplicate or copy the Screenplay in any manner. Writer will ensure that full credit for Company is given with regard to the usage of the copy of the Screenplay.
By signing in the spaces provided, Writer and Company accept and agree to all terms and conditions of this Agreement.
ALL TERMS ACCEPTED AND AGREED
Date ______________________ Date _______________________
By _______________________ WRITER ______________________
on behalf of the corporation
Witness 1. ________________
Witness 2. _________________