Professional Documents
Culture Documents
___
/___
/
2012
The
Purpose
of
this
document
is
to
establish
a
contract
between
Emely
Martinez,
hereinafter
referred
to
as
PRODUCER,
and
CLIENT:
__________________
hereinafter
referred
to
as
CLIENT
for
the
production
of
the
music
video
titled
_______________________________,
hereinafter
referred
to
as
the
PROJECT.
2.
PRODUCER
offers
to
produce
the
PROJECT
for
CLIENT
in
exchange
for
valuable
consideration
as
specified
in
Paragraph
6
below.
3.
PRODUCER
insures
to
provide
a
finished
version
of
the
PROJECT
to
the
CLIENT
within
a
reasonable
time
frame.
Scheduled
Date:
____/
____/
2012
5.
PRODUCER
insures
to
provide
the
finished
version
of
the
PROJECT
to
the
CLIENT
in
the
fashion
of:
[a]
Five
authored
DVD
copies
[b]
Two
data
DVD
copies
containing:
(1)
large
web
QuickTime
version,
(1)
small
web
QuickTime
version,
(1)
iPod
version
6. The grand total of the production budget for PROJECT approved by the CLIENT is Amount (US): $_____________ as this is work for hire. CLIENT also agrees to allow PRODUCER full rights and permissions, not for profit, to display PROJECT in whatever media outlet deemed necessary such as DVD, network, world wide web, showcase. This grand total is payable as follows: [a] ____% deposit to confirm project [b] ____% upon script approval [c] Balance upon delivery to CLIENT of the finished project. 7. There are no other agreements or codicils relative to this PROJECT between either of the CLIENT and PRODUCER hereto either verbally or in writing and this document constitutes the entirety of the contract. I have read, understand and agree with every provision of this contract and by my signature, hereby certify that I accept and agree to abide by them and that I am competent and legally qualified to enter in to such a contract. Date: Client Signature: __________________________________________ Date: __/___/2012 Producer Signature: _____________________________________ Date: __/___/2012
MUSIC VIDEO CONTRACT RIDER The following constitutes a rider to the attached contract and shall be deemed incorporated within the agreement. In the event of any conflict between the provisions of this rider and the agreement, the provisions of the rider shall prevail. I. PAYMENT It is recognized that the production of music videos is a labor-intensive industry and accordingly prompt payment for services rendered is of the essence. Title of ownership to the rights and proceeds of the production company's services shall not transfer until full payment is made. II. CANCELLATION AND POSTPONEMENT The contracting client acknowledges and agrees that the production company and/or the director is blocking out specific time based upon a firm commitment from the contracting client. The parties agree that the following cancellation/ postponement policies are incorporated as part of this agreement. 1) If notice of cancellation/ postponement is received one to five business days prior to the commencement of the shoot, the contracting client will be liable to the production company for: 1. 2. 3. All out of pocket costs Full director's fee as bid Full production fee on the job as bid
2) If notice of cancellation/ postponement is received more than five business days prior to the commencement of the shoot, the contracting client shall be liable to the production company for: 1. 2. 3. All out pocket costs Full director's fee as bid Not less than 50% of the production fee as bid
III. CONTINGENCY and WEATHER DAYS 1) A "Contingency Day" shall be defined as any day when a scheduled film or tape shooting is prevented from occurring due to circumstances beyond beyond the control of the production company. These circumstances may include, but are not limited to: A) Weather Conditions: (rain, fog, sleet. icy roads, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the contracting client) B) Injury, Illness, or Absence of Client Supplied Elements: (i.e. key talent, music tracks, etc...) C) Force Majeure: (Earthquake, Riot, Fire, Flood, Volcanic eruption, Acts of War, Labor Dispute, etc...) D) Contracting Client Insured Re-shoots: Any additional day for a job insured by the contracting client who is therefore authorizing expenditure.
IV. OVERAGES If the Production Company shall be required to make expenditures in connection with the production of the MUSIC VIDEO which exceed the Approved Budget ("Overages") than the Production Company shall obtain the Contracting Client's prior written approval. The Production Company represents and warrants that it will use its good faith efforts to avoid incurring any Overages. If the client approves any Overages, such overages shall be subject to a production fee plus an insurance charge at the same percentages as in the approved budget. The Client shall advance to the Production Company the funds sufficient to cover such Overages within five (5) business days from the Client's approval of such overages. V. CLIENT SUPPLIED INSURANCE If the Client supplies it insurance it warrants and covenants that the insurance coverage afforded to the Production Company by the Client shall be as broad as the Production Company's existing General Liability and Entertainment Risk policies. The Production Company shall not be responsible for payment of premiums or deductible amounts associated with the Contractor's supplied insurance coverage. Contractor agrees to name the production company as a named insured on all insurance policies supplied by the Contractor. VI. SHOW REELS Client agrees that the aforementioned MUSIC VIDEO may appear in Production Company's promotional reel(s) together with other works produced by the Company as part of a non-commercial representative sample of the Production Company's work. VII. CURE The production Company has the opportunity to cure any default or breach of this entire agreement within five (5) business days from written notice by client of such default or breach. VIII. CREATIVE FEE The Client agrees that any use of the Music Video or its images other than for the non-commercial promotion of the Artist, promotion of the album containing the underlying music track, or promotion of the "single" pf the underlying music track, is subject to an additional creative fee in the amount of $____ to the Director of the Music Video. Such a fee is payable to the Production Company who is acting as an agent for the director. IX. ARBITRATION It is agreed that any dispute between contracting parties shall be resolved by expedited Arbitration pursuant to the commercial rules of the American Arbitration Association.