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Content Production Agreement template
Content Production Agreement sample


What is Content Production Agreement?

Content Production Agreement A Content Production Agreement outlines terms for producing content, such as films or videos, specifying production details, costs, intellectual property ownership, and distribution rights.



Sample template:



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: ___________________________________________

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Sections of a Content Production Agreement


In this Content Production Agreement, you will see the following sections:

  1. Scope and Description of Services
  2. Compensation and Payment Terms
  3. Intellectual Property Ownership
  4. Distribution Rights
  5. Representations and Warranties
  6. Indemnity
  7. Limitation of Liability
  8. Termination
  9. Miscellaneous


Summary of the sections:

  1. Scope and Description of Services : This section outlines the services the Producer will provide, such as creating a 90-minute documentary, and the collaboration between the Producer and the Client on the creative direction of the project.

  2. Compensation and Payment Terms : This section details the total cost of the project, the payment schedule, and the consequences of late payments. It breaks down the payment into different stages of the project.

  3. Intellectual Property Ownership : This section explains that the Client will own all rights to the Documentary once the project is fully paid for. It also clarifies that pre-existing materials used in the Documentary will remain the property of the Producer or third parties, but the Client will have a license to use them in the Documentary.

  4. Distribution Rights : This section grants the Client exclusive rights to distribute and exploit the Documentary in any way they see fit, while the Producer has no rights or interest in the distribution or any revenues derived from it.

  5. Representations and Warranties : This section contains the Producer's promises that they have the authority to enter into the agreement, have obtained necessary clearances for third-party materials, and that the Documentary will not infringe on any rights or laws.

  6. Indemnity : This section states that each Party will protect and compensate the other Party for any losses or damages resulting from a breach of the agreement by the indemnifying Party.

  7. Limitation of Liability : This section limits the liability of each Party for any indirect or consequential damages, except for liabilities arising from the indemnity section.

  8. Termination : This section outlines the conditions under which either Party can terminate the agreement, such as for a breach or for convenience, and the consequences of termination.

  9. Miscellaneous : This section covers various legal aspects of the agreement, such as governing law, venue for disputes, the entire agreement, severability, assignability, and execution in counterparts.

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