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What is Media Production Agreement?
Media Production Agreement Outlines terms for producing and distributing media content, specifying roles, budgets, and distribution rights.
Sample template:
MEDIA PRODUCTION AGREEMENT
This Media Production Agreement (the "Agreement") is entered into as of [Date], by and between Vivid Media Productions, a [State] corporation with its principal place of business at [Address] ("Producer") and Golden Star Entertainment, a [State] corporation with its principal place of business at [Address] ("Client"), collectively referred to as the "Parties".
1. PROJECT SCOPE AND SERVICES
1.1. Media Production Services
Producer agrees to provide media production services to Client for the production of a project titled "Silverscreen Spectra" (the "Project"). The Project shall be produced in accordance with the specifications, storyboard, and production schedule (collectively, the "Specifications") as agreed upon by the Parties.
2. PRODUCTION TIMELINES AND DELIVERABLES
2.1. Project Schedule
The Project shall be produced based on the project schedule ("Schedule") set forth in Exhibit A attached hereto. Producer shall use commercially reasonable efforts to adhere to the Schedule; however, Producer shall not be liable for delays due to unforeseen circumstances or events beyond its control.
2.2. Deliverables
Upon completion of the Project, Producer shall deliver to Client the final version of the Project in the format agreed upon by the Parties, including all source files, raw footage, assets, and other materials associated with the Project (collectively, the "Deliverables").
3. BUDGET AND PAYMENT TERMS
3.1. Project Budget
The Parties agree that the total budget for the Project, including all fees, expenses, and contingency plans, will be as set forth in Exhibit B attached hereto (the "Budget"). Client shall pay Producer in accordance with the payment schedule specified in the Budget, subject to any adjustments as may be mutually agreed upon by the Parties in writing.
3.2. Invoices and Payment
Producer shall submit invoices to Client in accordance with the payment schedule set forth in Exhibit B. Client shall pay all undisputed amounts within thirty (30) days of receipt of an invoice. Any disputed amounts must be communicated to Producer within fifteen (15) days of receipt of the invoice, and the Parties shall work in good faith to resolve such dispute.
4. INTELLECTUAL PROPERTY OWNERSHIP
4.1. Ownership by Producer
Subject to Section 4.2, all intellectual property rights, including copyrights, in and to the Deliverables, together with any rights to derivative works thereof, shall be owned by Producer.
4.2. Transfer of Ownership
Upon full payment of the Budget by Client, Producer shall assign to Client all intellectual property rights, including copyrights, in and to the Deliverables, and any rights to derivative works thereof, subject to any underlying rights and licenses necessary for the use and distribution of the Deliverables.
4.3. License to Exhibit
Upon full payment of the Budget and the assignment of ownership outlined in Section 4.2, Producer hereby grants to Client a perpetual, irrevocable, sublicensable, and exclusive worldwide license to exhibit, distribute, and otherwise exploit the Deliverables in any media now known or hereinafter invented.
5. WARRANTIES AND REPRESENTATIONS
5.1. By Producer
Producer represents and warrants that it has the necessary experience, skill, and knowledge to perform the services outlined herein and that the Deliverables shall be free of errors, omissions, and defects in material and workmanship.
5.2. By Client
Client represents and warrants that it has the necessary authority to enter into this Agreement and that it shall not infringe upon any intellectual property rights of any third party.
6. INDEMNIFICATION
Each Party agrees to indemnify, defend, and hold harmless the other Party, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including attorney's fees, arising out of or in connection with any breach of their respective warranties, representations, and the unauthorized use of any copyrighted material, trademarks, or other intellectual property.
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State], without giving effect to any principles of conflicts of law. The Parties hereby submit to the exclusive jurisdiction of the state and federal courts located in [City, State] for resolution of any dispute arising out of or in connection with this Agreement.
8. ENTIRE AGREEMENT AND AMENDMENTS
This Agreement constitutes the entire agreement between the Parties with respect to the subject hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the Parties in connection with the subject matter hereof. This Agreement may only be amended in writing signed by both Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written.
PRODUCER
Vivid Media Productions
By: ____________________________
Name: __________________________
Title: __________________________
CLIENT
Golden Star Entertainment
By: ____________________________
Name: __________________________
Title: __________________________
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Common Sections of a Media Production Agreement
In this Media Production Agreement, you will see the following sections:
- Project Scope and Services
- Production Timelines and Deliverables
- Budget and Payment Terms
- Intellectual Property Ownership
- Warranties and Representations
- Indemnification
- Governing Law and Jurisdiction
- Entire Agreement and Amendments
Analysis/Summary of each section
- Project Scope and Services : This section outlines the media production services that the Producer will provide to the Client for the specific project. It's like a blueprint of what the Producer will do for the Client, including the project's title and specifications.
- Production Timelines and Deliverables : This section sets the project schedule and deliverables. It's like a timeline of when things will happen and what the Producer will give to the Client at the end of the project, including the final version and all related materials.
- Budget and Payment Terms : This section details the project's budget and how the Client will pay the Producer. It's like a financial plan that both parties agree on, including any adjustments and how to handle invoice disputes.
- Intellectual Property Ownership : This section explains who owns the intellectual property rights of the project and when the ownership is transferred. It's like a rulebook for who gets to keep the creative work and when the Client gets full ownership after paying the Producer.
- Warranties and Representations : This section contains promises made by both parties about their abilities and the quality of the work. It's like a guarantee that the Producer has the skills to do the job and that the Client has the authority to enter the agreement without infringing on others' rights.
- Indemnification : This section states that each party will protect the other from any legal issues arising from their actions or breaches of the agreement. It's like a safety net that ensures both parties will help each other if any legal problems occur due to their actions.
- Governing Law and Jurisdiction : This section specifies which laws apply to the agreement and where any disputes will be resolved. It's like a rulebook that tells both parties which legal system they'll use if they have any disagreements.
- Entire Agreement and Amendments : This section states that the agreement is the complete understanding between the parties and can only be changed in writing. It's like a final statement that ensures both parties know this is the complete deal and that any changes must be agreed upon in writing.
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