Free Content Production Agreement Creator - Create Online

Content Production Agreement

This Content Production Agreement (the "Agreement") is made and entered into as of the last date of execution below (the "Effective Date") by and between Radiant Studios LLC, a limited liability company organized under the laws of the United States, having a principal place of business at [Address] ("Producer") and [Client Name], a [type of entity] organized under the laws of the United States, having a principal place of business at [Address] (the "Client"). Producer and Client may be individually referred to herein as a "Party" and collectively as the "Parties".

1. Scope and Description of Services

1.1. Production Services

Producer shall produce a 90-minute documentary (the "Documentary") focusing on the history and impact of urban street art in major American cities, including pre-production, research, interviews, filming, editing, post-production, and delivery of the Documentary subject to the terms and conditions of this Agreement.

1.2. Collaboration

Producer and Client shall collaborate in good faith on the creative direction of the Documentary, including the selection of on-screen talent and locations. The Parties shall mutually approve any significant deviations from the agreed-upon creative direction.

2. Compensation and Payment Terms

2.1. Total Production Cost

The total cost for the production of the Documentary shall be $[Amount], which includes, without limitation, costs for equipment, travel, accommodations, post-production, and other expenses necessary for the production of the Documentary (the "Total Production Cost").

2.2. Payment Schedule

Client shall pay Producer a non-refundable deposit of $[Amount] upon execution of this Agreement, with the balance of the Total Production Cost to be paid as follows: (a) $[Amount] due upon completion of pre-production; (b) $[Amount] due upon completion of principal photography; (c) $[Amount] due upon completion of editing; and (d) the final payment of $[Amount] due upon delivery of the final edit of the Documentary. Payments shall be made in U.S. dollars.

2.3. Late Payment

If Client fails to make any payment by the applicable due date, Producer may, without prejudice to any other rights and remedies available under this Agreement or at law, suspend work on the Documentary and/or terminate this Agreement in accordance with Section 8 below.

3. Intellectual Property Ownership

3.1. Rights to Documentary

Upon full and final payment of the Total Production Cost, Client shall own all rights, title, and interest in and to the Documentary, including, without limitation, the copyright in the Documentary and all underlying elements thereof, including all performances, interviews, music, sound recordings, and any other element of the Documentary that is capable of being copyrighted under the laws of the United States. Producer hereby assigns to Client all rights, title, and interest in and to the Documentary and agrees to execute any instruments necessary to effectuate such assignment.

3.2. Rights to Pre-Existing Materials

Nothing in this Agreement shall be construed to transfer or assign to Client any rights in or to any pre-existing materials created or owned by Producer or third parties that are incorporated into the Documentary. To the extent that any pre-existing materials are incorporated into the Documentary, Producer grants to Client a perpetual, royalty-free, fully paid-up, non-exclusive, worldwide license to use such materials solely in connection with the exploitation of the Documentary.

4. Distribution Rights

Client shall have the exclusive, unlimited right to distribute, exhibit, perform, transmit, market, promote, advertise, and otherwise exploit the Documentary, in all media now known or hereafter devised, throughout the universe, in perpetuity. Producer shall have no right or interest in or to the distribution of the Documentary or any revenues derived therefrom.

5. Representations and Warranties

Producer represents and warrants that: (a) it has the full right, power, and authority to enter into and fully perform this Agreement and to grant the rights granted herein; (b) it has obtained all necessary clearances, permissions, releases, and licenses for any third-party materials or works incorporated in the Documentary; and (c) the Documentary and all elements thereof do not and will not infringe upon or violate any copyright, trademark, right of privacy or publicity, or any other personal or proprietary right of any third party, or any law, regulation, or statute.

6. Indemnity

Each Party shall indemnify, defend, and hold harmless the other Party, its employees, officers, directors, agents, and representatives, from and against any and all claims, demands, losses, damages, actions, settlements, costs, and expenses (including reasonable attorney's fees) arising from or relating to any breach by the indemnifying Party of any representation, warranty, or covenant set forth in this Agreement.

7. Limitation of Liability

Except for liabilities arising under Section 6 (Indemnity) above, in no event shall either Party be liable to the other Party for any consequential, indirect, incidental, punitive, or special damages, including loss of profits, revenue, or data, arising from or relating to this Agreement, whether in contract, tort, or otherwise, even if such Party has been advised of the possibility of such damages.

8. Termination

8.1. Termination for Breach

Either Party may terminate this Agreement upon written notice to the other Party if the other Party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice of the breach.

8.2. Termination for Convenience

Client may terminate this Agreement for any reason upon thirty (30) days' written notice to Producer. In the event of termination for convenience by Client, Producer shall be entitled to payment for all work performed up to the effective date of termination, provided that such payment shall not exceed the Total Production Cost set forth in Section 2.1 above.

9. Miscellaneous

9.1. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflicts of law principles. Any disputes arising from or relating to this Agreement shall be resolved in the state or federal courts located in the United States, and the Parties hereby submit to the exclusive jurisdiction of such courts and waive any objections to venue therein.

9.2. Entire Agreement

This Agreement constitutes the entire understanding and agreement between the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings between the Parties with respect thereto. This Agreement may not be amended or modified except in writing signed by both Parties.

9.3. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to best effectuate the intentions of the Parties as expressed in this Agreement.

9.4. Assignability

Neither Party may assign its rights or obligations under this Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed.

9.5. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimiles and electronic signatures shall be deemed original signatures for all purposes.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date set forth above.

Producer: Radiant Studios LLC

By: ____________________________________________
Name: __________________________________________
Title: ___________________________________________
Date: ___________________________________________

Client: [Client Name]

By: ____________________________________________
Name: __________________________________________
Title: ___________________________________________
Date: ___________________________________________