AGREEMENT REVIEW CHECKLIST (SUMMARY)
WORK-FOR-HIRE AND DEAL MEMO AGREEMENT ENTERTAINMENT
In this review, I have provided a laymen’s summary of the Agreement.
SERVICES
The services that you will provide are outlined in the “deliverables” section.
You may provide further services as the producer may request.
DELIVERABLES
Here, the services you offer may be filled in the empty space.
COMPENSATION
This section contains the payment that you shall receive for your services.
OWNERSHIP OF WORK and DELIVERABLES
The producer shall own all the product(s) of the work that you do under the contract (“work-product”).
Therefore, you give all rights over the work-product to the producer. This is according to the law. The law recognizes that works made for hire owned by the hirer, not the contractor.
INTELLECTUAL PROPERTY RIGHTS
Since all the product of the work you do is owned by the Producer, the Producer owns all the intellectual property (copyright, trademark, and all other related rights) in and to the product of your work, and to the materials you use to develop the work-product (“work-materials”)
Further, you shall not use the intellectual property of the work-product without the notice and approval of the Producer.
RETURN OF MATERIAL
You shall submit to the producer any work-materials, either at the completion of your services or upon the Producer’s request.
You may also destroy the work-materials after the completion of your service, upon the Producer’s consent.
RETURN OF MATERIAL
The producer may use the work-products and work-materials as he deems fit. He may also edit, delete, or modify the work-product or work-material according to his wish.
VIDEO CREDIT
The Producer shall determine the credits for any production. Further, it is not a breach of contract in case the Producer fails to include the credit.
TALENT RELEASE
The Producer may use any content (video, audio, photo, or other content) which is obtained from you in the course of this Agreement. You may also prepare Talent Release Agreements for your talents.
BINDING EFFECT; ENTIRE AGREEMENT
The terms of this Agreement shall bind you (and all entities related to you) and the Producer (and all entities related to the Producer).
Further, this Agreement contains all agreements you have made with the Producer regarding your services.
EXPENSES
You shall bear the responsibility of any expenses you incur while performing your services. The producer will only be responsible for any expense if he consents to the expense in writing, and the expense is above $50.
INDEPENDENT CONTRACTOR STATUS; METHOD OF PROVISION OF SERVICES
You are an independent contractor and not an employee of the Producer. Therefore, you shall not be entitled to any employee benefits from the Producer.
NO AUTHORITY TO BIND PRODUCER
You shall have no authority to make any decision that binds the producer unless the producer grants you such authority in writing.
PERFORMANCE STANDARD
You shall offer quality services to the Producer, and in good faith.
WARRANTIES, REPRESENTATIONS, INDEMNITIES
You promise that the work you shall provide to the producer is originally yours, and that none of your work shall violate the intellectual property of others. Further, in case you use content from any third party source, you shall provide the producer with a footnote citing the source.
You shall compensate the Producer for any loss the Producer suffers in case you breach this Agreement.
The Producer shall also compensate you for any loss you suffer in case you breach the Agreement.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
You shall maintain a high level of integrity.
You shall keep all information confidential and shall not disclose information about the Producer to other people.
You shall keep confidential all of the Producer’s intellectual property that has not been released to the public. You are also not permitted to use the Producer’s intellectual property without the Producer’s permission.
NO DISPARAGEMENT OR MISAPPROPRIATION
You shall not talk ill about the Producer, or engage in any activity that shall make tarnish the name and good record of the Producer.
MORALITY CLAUSE
You shall maintain professionalism at all times.
INDEMNIFICATION
You shall compensate the Producer for any loss the Producer undergoes as a result of your breach of this Agreement.
MISCELLANEOUS
You shall insure your services.
You may not amend any part of this Agreement without involving the Producer.
You may not terminate this Agreement without the consent of the producer. Also, the producer may terminate this Agreement without giving you any notice. Lastly, this Agreement automatically terminates when you have performed your services under this Agreement.
In case you have any claim against the Producer, you may only bring a case in court and seek compensation.
The laws of New York shall govern this Agreement.
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