This agreement (hereinafter referred to as the “Agreement”) is between Name of Production Company (the “Company”), and Creator’s Name (the “Script/Storyboard Creator”). This Agreement will set forth the terms under which Company has agreed to engage Script/Storyboard Creator to render services to Company in connection with the motion picture currently titled Name of Picture (hereafter referred to as the “Picture”).
1. SERVICES (a) Script/Storyboard Creator shall render services to Company in the capacity of Script/Storyboard Creator. Services shall be rendered on the Picture commencing on a date that is prior to the beginning of shooting, or such other 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) Script/Storyboard Creator shall render all services as Company may require in connection with the capacity listed above regarding the Picture. 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 picture, Company shall also have the right to record, produce, reproduce, amplify, enlarge, broadcast, use, perform, and distribute pictures of Script/Storyboard Creator’s work or product of any kind or nature, whether the same shall have been created by Script/Storyboard Creator or others.
In the event that the film is purchased for major distribution, the Script/Storyboard Creator shall receive ten percent (10%) of net profits of the initial purchase of the picture, up to one hundred thousand dollars ($100,000) for the initial purchase, and 3% of all profit royalties after the initial purchase, with no cap on royalty payout. This total compensation shall be paid entirely as deferred compensation. If Company never receives full reimbursement of all expenses and costs incurred in connection with the Picture, then Script/Storyboard Creator shall never receive the stated deferred compensation. Script/Storyboard Creator understands that the possibility exists that Script/Storyboard Creator may never receive any portion of the stated deferred compensation, and Script/Storyboard Creator expressly agrees to these terms. If Company receives full reimbursement for all expenses and costs incurred in connection with the Picture, Script/Storyboard Creator shall receive the stated deferred compensation in a manner proportionate to all other person who are entitled to deferred compensation. While Company shall be obligated to pay such deferred compensation once all expenses and costs incurred by Company in connection with the Picture have been fully reimbursed, the actual frequency of the payment of such deferred compensation shall be at the discretion of the Company.
Provided Script/Storyboard Creator substantially renders the services contemplated in the Agreement on the Picture, renders them in a professional manner satisfactory to Company and further provided that Script/Storyboard Creator is not in breach of any of the terms of this Agreement, then Script/Storyboard Creator shall be accorded credit on the master(s) in a manner customary within the motion picture industry. The size and placement of such credit shall b at the sole discretion of Company.
4. TAXES As Script/Storyboard Creator is an independent self-employed party, Script/Storyboard Creator 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 Script/Storyboard Creator.
All payments and notices to Script/Storyboard Creator shall be personally delivered or mailed via United States mail to Script/Storyboard Creator at the following address:
Script/Storyboard Creator shall be responsible for notifying Company in writing of any change in Script/Storyboard Creator’s address.
6. RESULTS AND PRODUCT
(a) In addition to Script/Storyboard Creator’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 picture, 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 Script/Storyboard Creator’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 pictures wholly or partially independent thereof, to vend, copy, and publish the same as Company may desire. Script/Storyboard Creator 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 Script/Storyboard Creator.
(b) Company shall always have the sole and exclusive right, but only in connection with the Picture or in connection with the services rendered by Script/Storyboard Creator with regard to the Picture, to use and display Script/Storyboard Creator’s name and likeness in advertising, publicizing and exploiting the Picture, including without limitation souvenir programs, commercial tie-ups, paperback editions of the literary property directly related to and on which the Picture is based, or any sound recordings.
7. PUBLICITY AND ADVERTISING Script/Storyboard Creator hereby specifically grants to Company the right to use Script/Storyboard Creator’s name, likeness, and biography in connection with the production, exhibition, advertising, and other exploitation of the Picture. Script/Storyboard Creator shall not circulate, publish, or otherwise disseminate any news stories or articles, books, or other publicity containing Script/Storyboard Creator’s name relating directly of indirectly to Script/Storyboard Creator’s services, the subject matter of this Agreement, the Picture or the services to be rendered by Script/Storyboard Creator or others for the Picture unless the same are first approved by Company.
8. SCRIPT/STORYBOARD CREATOR DEFAULT
If Script/Storyboard Creator fails or refuses to perform or comply with any material terms or conditions for any reason including but not limited to Script/Storyboard Creator’s physical or mental incapacity, then Company shall have the right to terminate this Agreement upon written notice thereof to Script/Storyboard Creator. Except as indicated below, prior to termination of this Agreement by Company based upon Script/Storyboard Creator Default, Company shall notify Script/Storyboard Creator, specifying the nature of the Script/Storyboard Creator Default. Script/Storyboard Creator shall have 48 hours after the giving of such notice to cure the Default. If the Script/Storyboard Creator Default is not cured within the 48-hour period, Company may terminate this Agreement forthwith. However, if Script/Storyboard Creator’s default is that Script/Storyboard Creator has failed to appear for a scheduled shoot for which Script/Storyboard Creator has been given prior notice, then Company may terminate this Agreement without sending Script/Storyboard Creator written notice of the default. Such termination, solely in this case, shall be effective immediately upon the giving of notice of termination by Company.
9. EFFECT OF TERMINATION of this Agreement, 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 Script/Storyboard Creator any further compensation. Neither Company nor Script/Storyboard Creator shall be deemed to have waived any other rights they may have or alter Company’s rights or any of Script/Storyboard Creator’s agreements or warranties in connection with the rendition of Script/Storyboard Creator’s services prior to termination.
10. REMEDIES CUMULATIVE
(a) All remedies accorded herein or otherwise available to either Company or Script/Storyboard Creator shall be cumulative, and no one such remedy shall be exclusive of any other. Without waiving any rights or remedies under this Agreement or otherwise, Company or Script/Storyboard Creator may from time to time recover, by action, any damages arising out of any breach of this Agreement by Script/Storyboard Creator or Company, as applicable, and may constitute and maintain subsequent actions for additional damages which may arise from the same or other breaches. In particular, Company may recover from Script/Storyboard Creator all costs incurred by Company as a result of Script/Storyboard Creator failing to appear for a scheduled shoot for which Script/Storyboard Creator is given advance notice. This shall be one, but not the sole measure of damages to Company. The commencement or maintaining of any such action or actions by Company shall not constitute or result in the termination of Company’s use of Script/Storyboard Creator’s services hereunder unless Company shall expressly so elect by written notice to Script/Storyboard Creator. The pursuit of Company of a remedy under this Agreement or otherwise shall not be deemed to waive any other or different remedy which may be available under this Agreement or otherwise, either at law or in equity. If any litigation is commenced in connection with this Agreement, the prevailing party in such litigation shall be entitled to an award of the court costs, expenses and attorney fees incurred in such litigation, in addition to any other damages or legal relief awarded.
(b) Script/Storyboard Creator agrees that in the event of breach by Company, Script/Storyboard Creator’s sole remedy shall be limited to the right to recover damages, if any, in an action at law. Script/Storyboard Creator agrees that in no event shall Script/Storyboard Creator be entitled by reason of such breach by Company to terminate this Agreement or seek or be entitled to enjoin or restrain in any manner the exhibition or other usage of the Picture in any manner.
11. ASSIGNMENT This Agreement at Company’s election, shall inure to the benefit of its successors, assigns, licensees, grantees, and associated, affiliated and subsidiary companies, and Script/Storyboard Creator agrees hat Company and any subsequent assignee may freely assign this Agreement and grant the rights obtained hereunder, in whole or in part, to any person, firm or corporation.
12. GOVERNING LAW AND VENUE The Agreement shall be construed in accordance with the laws of the State in which the Production Company is based. Both Script/Storyboard Creator and Company agree that the venue for any litigation regarding this Agreement shall be in the County and State the Production Company is based out of. Both Script/Storyboard Creator and Company agree to be subject to the jurisdiction of the courts of the County and State the Production Company is based out of.
13. SCRIPT/STORYBOARD CREATOR STATUS
All of Company’s obligation herein are expressly conditioned upon Script/Storyboard Creator’s warranty and guarantee to Company that Script/Storyboard Creator is properly licensed to do business in the State in which the Production Company is based and render the services contemplated in the Agreement. By signing this Agreement, Script/Storyboard Creator does so warrant guarantee the same to Company. Script/Storyboard Creator acknowledges that Company has informed Script/Storyboard Creator that the Picture will b a non-union shoot. Script/Storyboard Creator further warrants and guarantees Company that this will not prevent Script/Storyboard Creator from rendering the Company the services specified under the terms of this Agreement. Script/Storyboard Creator 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 Script/Storyboard Creator to Company in this Agreement.
14. 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 Script/Storyboard Creator and Company with reference to the terms and conditions for the rendition of Script/Storyboard Creator’s services for Company for Company in connection with the Picture.
15. PROMOTIONAL COPIES Script/Storyboard Creator may purchase, at Company’s cost, one full copy of the picture. Script/Storyboard Creator agrees to use this copy of the Picture solely for promotional use. Script/Storyboard Creator will not duplicate or copy the Picture in any manner. Script/Storyboard Creator will ensure that full credit for Company is given with regard to the usage of the copy of the Picture.
By signing in the spaces provided, Script/Storyboard Creator and Company accept and agree to all terms and conditions of this Agreement.
ALL TERMS ACCEPTED AND AGREED
Date ______________________ Date
By _______________________ SCRIPT/STORYBOARD CREATOR
on behalf of the corporation