PRODUCTION AGREEMENT
Production Agreement (“Agreement”) effective as of the DATE, by and between COMPANY NAME
AND ADDRESS (“Company”) and NAME AND ADDRESS (“Client”) to produce a video for Client (the
“Picture”).
In consideration of the mutual covenants set forth herein, Client and Company agree to the following terms
and conditions:
1.
Engagement; Services
Company agrees to produce one VIDEO DESCRIPTION, based on pre-approved concepts and ideas, and
to consult with Client throughout the Term on a regular basis. This includes: Company agrees to deliver a
preliminary rough cut of the Picture for Client’s approval, it being understood that Company will deliver a
2nd rough cut within seven (7) days of Client’s feedback on the preliminary rough cut; upon receiving
Client’s notes on the 2nd rough cut, Company will deliver a 3rd cut within (7) days, which shall be
considered the final edit of Picture; any additional edits will be above budget, at $500 per revision.
2.
Term
The Term of this Agreement shall commence on or about DATE, and shall continue through completion of
3rd edit of the Picture and transfer of final deliverables (the "Term"). Company agrees to deliver final
product no later than DUE DATE (BE LIBERAL HERE).
3.
Compensation
For the due performance of all of Company’s services, Client shall pay to Company and Company shall
accept as full compensation the following (collectively, “Compensation”):
WRITTEN TOTAL AMOUNT (NUMERAL TOTAL AMOUNT USD), to be delivered in three (3)
installments: the first of which, at 1/3rd, shall be delivered upon receipt of the treatment; the second
installment, at 1/3rd, shall be delivered upon completion of principal photography; the final installment, at
1/3rd, shall be due within 30 days of invoicing upon Company’s delivery of the final edit of the Picture and
transfer of final deliverables and any and all digital file formats requested.
4.
Ownership, Rights and Uses
Client grants Company an exclusive, worldwide, sub licensable, transferable, royalty free license to all
media produced during the course of the contracted work. All rights to media used in delivered project will
be transferred to Client upon final payment. Company will retain all rights to any captured media not used
in delivered project. Company will store the master materials and other applicable materials relating to the
Picture in a safe environment for a period of up to one (1) calendar year from the date of final delivery.
Company may showcase the Picture on Company’s respective websites under the pretense of showcasing
past services rendered, or used in a services reel, not to be limited to Company’s website, to be comprised
of other work as well. With Client’s permission, Company will promote the video on Company’s social
media channels, film festivals, and award competitions.
5.
Promotion
Company reserves the right to approve any usage of their name, likeness, and biographical material by
Client and other persons and entities designated by Client for promotional and advertising purposes in
connection with the Picture and any version or derivative works thereof.
6.
Confidentiality; Liability
Company and Client will not at any time disclose to any third party any information relating to this
Agreement.
Client has the legal right and authority to enter into this Agreement and to observe and perform fully
Client’s obligations as set forth herein; Client shall not do anything or make any commitments or
agreements which would conflict with, interfere with or violate any commitment, agreement or
understanding Client has made hereunder; and all material furnished or secured by Client in connection
with the Picture will not violate or infringe upon the rights of any person or entity whatsoever, or create any
liability of any kind. Company has the legal right and authority to enter into this Agreement and to observe
and perform fully its obligations as set forth herein; Company shall not do anything or make any
commitments or agreements which would conflict with, interfere with or violate any commitment,
agreement or understanding Company has made hereunder; and all material furnished or secured by
Company in connection with the Picture will not violate or infringe upon the rights of any person or entity
whatsoever, or create any liability of any kind.
Client shall defend, indemnify, and hold Company harmless from and against all claims, alleged claims,
actions, losses, costs, expenses, settlements, demands, and liabilities of every kind, including reasonable
attorneys' fees and expenses, arising out of or incurred by reason of the inaccuracy, alleged breach, or
actual breach of any representation, warranty, covenant, agreement, or undertaking made by Client herein.
7.
Termination
Client shall have the right to terminate this Agreement if Company commits a material breach of the
Agreement. The term “material breach” as used in this Paragraph 7 shall mean: (i) a representation,
warranty, agreement, undertaking, or covenant made by the Company is or becomes false or misleading in
any material respect; or (ii) a default by Company in any material respect in the performance or observance
of any of his obligations hereunder. Provided that such breach is capable of being cured, Company shall
have fifteen (15) days to cure such breach before Client may terminate the Agreement. In all other
instances, termination shall be effective immediately upon receipt of written notice.
Company shall have the right to terminate this Agreement if Client commits a material breach of the
Agreement. Provided that such breach is capable of being cured, Client shall have fifteen (15) days to cure
such breach before Company may terminate the Agreement. In all other instances, termination shall be
effective immediately upon receipt of written notice.
8.
Miscellaneous
This Agreement is complete and embraces the entire understanding between the parties. All prior
understandings in connection with the subject matter herein contained, either oral or written, are null and
void unless expressly set forth herein. No alteration, modification, or waiver, in whole or in part, of any
provision of this Agreement shall be of any effect unless set forth in writing and signed by both parties
hereto. A waiver by either party of any breach or default by the other party shall not be construed as a
waiver of the same or any other breach or default by such party. If any provision of this Agreement shall
be held void, voidable, invalid, or inoperative, no other provision of this Agreement shall be consequently
affected, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect,
as though such void, voidable, invalid, or inoperative provision had not been contained herein.
AGREED AND ACCEPTED as of the date first hereinabove shown:
CLIENT
COMPANY
___________________________________
__________________________________
CLIENT NAME
NAME
CLIENT COMPANY
COMPANY, LLC