Script_Contract

1、Ame ndme nt to Agreeme nt -1Scriptwriter AgreementThis agreeme nt (here in after referred to as the“Agreeme nt ” JNatoetwfee nProduction Company (the“Company ), aWdriters Namethe“Scriptwriter”). ThisAgreeme nt will set forth the terms un der which Compa ny has agreed to en gage Scriptwriter to ren d

2、erservices to Compa ny in connection with the moti on picture currently titled Name of Picture (hereafter referredto as the“Picture”).1.SERVICES(a) Scriptwriter shall ren der services to Compa ny in the capacity of scriptwriter. Services shall berendered on the Picture commencing on a date that is p

3、rior to the beg inning of shooti ng, or such other date asCompa ny shall specify in adva nee Services shall continue until the completion of principal photography, oruntil such later date as Compa ny shall specify.(b) Scriptwriter shall ren der all services as Compa ny may require in connection with

4、 the capacity listedabove regarding the Picture. Said services shall be rendered at the times and places required by Company andin a conscientious and professional manner.(c) In connection with the exploitati on of the picture, Compa ny shall also have theright to record, produce, reproduce, amplify

5、, enl arge, broadcast, use, perform, and distribute pictures ofScriptwriters work of pnodkiotioor nature, whether thesame shall have bee n created by Scriptwriter or others.2.COMPENSATIONIn the eve nt that the film is purchased for major distributi on, the Scriptwriter shall receive eight percent(8%

6、) of net profits of the initial purchase of the picture, up to one hundred thousand dollars ($100,000) for theinitial purchase, and 2% of all profit royalties after the initial purchase, with no cap on royalty payout. This totalcompe nsati on shall be paid en tirely as deferred compe nsati on. If Co

7、mpa ny n ever receives fullreimbursement of all expenses and costs incurred in connection with the Picture, the n Scriptwriter shall n everreceive the stated deferred compe nsati on. Scriptwriter un dersta nds that the possibility exists that Scriptwritermay n ever receive any porti on of the stated

8、 deferred compe nsati on, and Scriptwriter expressly agrees tothese terms. If Compa ny receives full reimburseme nt for all expe nses and costs in curred in conn ecti on withthe Picture, Scriptwriter shall receive the stated deferred compe nsatio n in a manner proporti on ate to all otherpers on who

9、 are en titled to deferred compe nsatio n. While Compa ny shall be obligated to pay such deferredcompe nsati on once all expenses and costs incurred by Company in connection with the Picture have bee nfully reimbursed, the actual freque ncy of the payme nt of such deferred compe nsati on shall be at

10、 the discretion of the Compa ny.3.CREDITProvided Scriptwriter substa ntially ren ders the services con templated in the Agreeme nt on thePicture, ren ders them in a professi onal manner satisfactory to Compa ny and further provided that Scriptwriteris not in breach of any of the terms of this Agreem

11、ent, then Scriptwriter shall be accorded credit on the master(s)in a manner customary within the moti on picture in dustry. The size and placeme nt of such credit shall b at thesole discreti on of Compa ny.4.TAXESAs Scriptwriter is an in depe ndent self-employed party, Scriptwriter shall be solely l

12、iable for the payment of all in come and other taxes that may be due on the compe nsati on that Compa ny has paid for Scriptwriter.Ame ndme nt to Agreeme nt -25.PAYMENTAll payme nts and no tices to Scriptwriter shall be pers on ally delivered or mailed via United States mailto Scriptwriter at the fo

13、llowing address:Scriptwriter shall be resp on sible for no tify ing Compa ny in writ ing of any cha nge in Scriptwriters address.6.RESULTS AND PRODUCT(a) In addition to Scriptwriters services rendered hereunder, Company shallsolely and exclusively own all results, product, and proceeds thereof (in c

14、lud ing, but notlimited to, all rights of whatever kind and character throughout the world, in perpetuity in any and all la nguagesof product ion, manu facture, recordati on, reproduct ion, performa nee, and exhibiti on in any manner and byany art, device, or method, now known or here in after devis

15、ed), whether such results, product, and proceedscon sist of literary, dramatic, musical, motio n picture, mecha ni cal or any other form of works, themes, ideas,compositions, creations or products. Company s acquisition hereundershall also in clude all rights gen erally known in the field of literar

16、y and musical en deavor as the“moral rightsof the authors”in and/or to any musical and/or literary proceeds ofScriptwriters services. Company shall also have the right in respect to such product, to add to, subtract from,cha nge, arran ge, revise, adapt, rearra nge, tran slate into any and all la ng

17、uages, cha nge the seque nee, change the characters and the descripti ons thereof, cha nge the title of the same, record and photograph the samewith or without sound (in clud ing spoke n words, dialogue and music synchrono usly recorded), use said title orany of its components in connection with wor

18、ks or motion pictures wholly or partially in depe ndent thereof, tovend, copy, and publish the same as Compa ny may desire. Scriptwriter hereby assig ns to Compa ny all of theforego ing without reservati on, conditions or limitation and no right of any kind, nature, or description isreserved by Scri

19、ptwriter.(b) Compa ny shall always have the sole and exclusive right, but only inconn ecti on with the Picture or in conn ecti on with the services ren dered by Scriptwriter with regard to thePicture, to use and display Scriptwriters name and likeness inadvertising, publicizing and exploiting the Pi

20、cture, including without limitation souvenir programs, commercialtie-ups, paperback editi ons of the literary property directly related to and on which the Picture is based, or anysound recordi ngs.7.PUBLICITY AND ADVERTISINGScriptwriter hereby specifically grants to Company the right to use Scriptw

21、ritersn ame, like ness, and biography in connection with the product ion, exhibiti on, advertis ing, and otherexploitation of the Picture. Scriptwriter shall not circulate, publish, or otherwise dissem in ate any n ews storiesor articles, books, or other publicity containing Scriptwriters n ame rela

22、t ing directly of in directly to Scriptwriters services, the subjematter of this Agreeme nt, the Picture or the services to be ren dered by Scriptwriter or others for the Picture uniAme ndme nt to Agreeme nt -3ess the same are first approved by Compa ny.8.SCRIPTWRITER DEFAULTIf Scriptwriter fails or

23、 refuses to perform or comply with any material terms or conditions for any reasonincluding but not limited to Scriptwriters physical or mentalin capacity, the n Compa ny shall have the right to termi nate this Agreeme nt upon writte n no tice thereof toScriptwriter. Except as in dicated below, prio

24、r to term in ati on of this Agreeme nt by Compa ny based uponScriptwriter Default, Compa ny shall no tify Scriptwriter, specify ing the n ature of the Scriptwriter Default.Scriptwriter shall have 48 hours after the givi ng of such no tice to cure the Default. If the Scriptwriter Default isnot cured

25、within the 48-hour period, Compa ny may termi nate this Agreeme nt forthwith. However, ifScriptwriter efautt d that Scriptwriter has failed to appear for a scheduled shoot for which Scriptwriter has bee ngive n prior no tice, the n Compa ny may term in ate this Agreeme nt without sending Scriptwrite

26、r writte n no ticeof the default. Such termination, solely in this case, shall be effective immediately upon the giving of notice ofterm in ati on by Compa ny.9.EFFECT OF TERMINATIONof this Agreement, whether by lapse of time, mutual consent, operation of law, exercise of a right of termin ati on or

27、 otherwise shall termin ate Compa ny s obligati on topay Scriptwriter any further compe nsati on. Neither Compa ny nor Scriptwriter shall be deemed to have waivedany other rights they may have or alter Company s rights or anyof Scriptwriters agreements or warranties in connectiwith the rendition of

28、Scriptwriters services prior totermination.10.REMEDIES CUMULATIVE(a) All remedies accorded here in or otherwise available to either Compa ny or Scriptwriter shall becumulative, and no one such remedy shall be exclusive of any other. Without wai ving any rights or remedies under this Agreeme nt or ot

29、herwise, Compa ny or Scriptwriter may from time to time recover, by action, anydamages aris ing out of any breach of this Agreeme nt by Scriptwriter or Compa ny, as applicable, and may constitute and maintain subseque nt actions for additi onal damages which may arise from the same or otherbreaches.

30、 In particular, Compa ny may recover from Scriptwriter all costs incurred by Company as a result ofScriptwriter failing to appear for a scheduled shoot for which Scriptwriter is given advance notice. This shall beone, but not the sole measure of damages to Compa ny. The comme nceme nt or maintaining

31、 ofany such action or acti ons by Compa ny shall not con stitute or result in the term in ati on of Compa ny s useof Scriptwriters services here un der uni ess Compa ny shall expressly so elect by written notice to Scriptwriter.The pursuit of Company of a remedy under this Agreeme nt or otherwise sh

32、all not be deemed to waive anyother or differe nt remedy which may be available un der this Agreeme nt or otherwise, either at law or in equity.If any litigation is commeneed in connection with this Agreement, the prevailing party in such litigation shall beentitled to an award of the court costs, e

33、xpenses and attorney fees incurred in such litigation, in addition to anyother damages or legal relief awarded.(b) Scriptwriter agrees that in the eve nt of breach by Compa ny, Scriptwriters sremedy shall be limited to the right to recover damages, if any, in an action at law. Scriptwriter agrees th

34、at in noeve nt shall Scriptwriter be en titled by reas on of such breach by Company to terminate this Agreement or seekor be entitled to enjoin or restrain in any manner the exhibition or other usage of the Picture in any manner.1 1. ASSIGNMENTThis Agreeme nt at Compa ny s elect ion, shall inure to

35、the ben efit of itsAme ndme nt to Agreeme nt -4successors, assig ns, lice nsees, gran tees, and associated, affiliated and subsidiary compa ni es, andScriptwriter agrees hat Compa ny and any subseque nt assig nee may freely assig n this Agreeme nt and grantthe rights obta ined here un der, i n whole

36、 or in part, to any person, firm or corporation.12.GOVERNING LAW AND VENUEThe Agreeme nt shall be con strued in accorda nee with the laws of the State in which the Productio nCompa ny is based. Both Scriptwriter and Compa ny agree that the venue for any litigation regarding thisAgreement shall be in

37、 the County and State the Producti on Compa ny is based out of. Both Scriptwriter andCompa ny agree to be subject to the jurisdict ion of the courts of the County and State the Productio n Company is based out of.13.SCRIPTWRITER STATUSAll of Compa ny s obligati on here in are expressly con diti oned

38、 upon Scriptwriterwarra nty and guara ntee to Compa ny that Scriptwriter is properly lice nsed to do bus in ess in the State inwhich the Producti on Compa ny is based and ren der the services con templated in the Agreeme nt. By sig ningthis Agreeme nt, Scriptwriter does so warra nt guara ntee the sa

39、me to Compa ny. Scriptwriter ack no wledgesthat Compa ny has in formed Scriptwriter that the Picture will b a non-union shoot. Scriptwriter further warra ntsand guara ntees Compa ny that this will not preve nt Scriptwriter from ren deri ng the Compa ny the servicesspecified un der the terms of this Agreeme nt. Scriptwriter agrees to indemnify and hold the