EDITOR CONTRACT

EDITOR CONTRACT

This EDITOR CONTRACT is made on [DATE] (Effective Date) by and between

[NAME OF COMPANY/TV SHOW] with a business address of [ADDRESS] (herein (“Company”)

AND

[NAME OF EDITOR] of address [ADDRESS] (herein “Editor”)

Whereas the Company owns a television show titled “___________________”;

Whereas, the Editor agrees to provide editing services to the television show for the Company;

Whereas, the Editor shall receive full credits as one of the editors in the television show as compensation for the services the editor provides.

Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:

  1. EDITOR OBLIGATIONS

State the obligations of the Editor. Be specific in the description so that this contract can be admissible in any court of competent jurisdiction incase you find yourselves in a situation that will require you to adduce this contract.

  • RIGHTS TO INCLUDED MATERIAL.

Company warrants that it has the legal rights to all materials such as videotape including live action, voices, photographs, audiotapes, CDs, videotapes, or any other elements delivered to Editor for inclusion in the production. Company shall indemnify and hold the Editor harmless for any loss, damage, or liability for any infringement of any rights arising from the use, sale or commercializing of the content that the Editor intends to work on.

  • RESPONSIBILITY FOR COMPANY-FURNISHED MATERIALS

Although Editor takes utmost care with Company-furnished content, (video files, photographs, videotapes, artwork, and any other materials for inclusion in the television show), Editor’s responsibility for lost or damaged materials extends only to the cost of raw stock and processing. Editor shall not be liable for losses due to causes beyond Editor’s control.

  • CONFIDENTIALITY AND NON-DISCLOSURE
    • The Parties shall maintain the confidentiality of all the private affairs and/or information of each other and shall not disclose such information to a third party without the express consent of that party.
    • The Editor shall not use any propitiatory information of the Company without the express permission of the Company. Editor shall not use Company’s information for their own benefit.
    • Each party’s Proprietary or Confidential Information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Contract, the non-disclosing party may be entitled to equitable relief.
  • INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS
    • The Company owns all proprietary information it shares with the Editor for the purposes of the Agreement.
    • The Editor has no rights to this proprietary information and may not use it except to complete the editing services.
    • Upon completion of the Agreement, the Company will own the final Deliverables.
    • The Editor accords, without any controversies whatsoever, to the Company’s Television Show the rights to display work and the rights to reproduce work (Making copies).  
  • REPRESENTATIONS AND WARRANTIES
    • Editor

The Editor represents and warrants that the Editor has the right to enter into and perform this Agreement. In the event that the Editor does not have these rights, the Editor will reimburse the Company for any associated damages the Company may experience or will take responsibility for such damages so that the Company does not experience any damages.

  • Company

The Company represents and warrants that the Company has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Editor for editing purposes. In the event that the Company does not have these rights, the Company will reimburse the Editor for any associated damages the Editor may experience or will take responsibility for such damages so that the Editor does not experience any damages.

  • DISCLAIMER OF WARRANTIES.

The Editor shall complete services for the Television Show purposes and to the Company’s specifications. THE EDITOR DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE EDITOR HAS NO RESPONSIBILITY TO THE COMPANY IF THE DELIVERABLES DO NOT LEAD TO THE COMPANY’S DESIRED RESULT(S). 

  • LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT, LOST BUSINESS, OR COSTS OF DELAY.

  • TERM AND TERMINATION
    • The term of this Contract shall commence on the date of execution and will remain in full force and effect until the services are complete and accepted by the Company. The intellectual property rights and indemnification clause will however survive the termination of this Contract throughout the term of the Television Show and after the show.
    • Company can terminate this agreement in the event the Editor does not perform her obligations as stipulated in section 1 of this agreement.
  • FORCE MAJEURE
    •  “Force Majeure” shall mean any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not be limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
    • If either Party is prevented from or delayed in performing any of its obligations under this Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.
    • The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
  • SEVERABILITY OF PROVISIONS

If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this Contract.

If one Party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

  1. WAIVER

Failure by either party to enforce any provision of Contract will not constitute a waiver or affect its right to require the future performances thereof, nor will its waiver of any breach of any provision of this Contract constitute a waiver of any subsequent breach or nullify the effectiveness of any provision.  

No waiver will be binding unless made in writing and signed by the party making the waiver and specifically stating that it waives a provision of this Contract.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

The laws of the state of FLORIDA govern the rights and obligations of the parties under this Contract, without regard to conflict of law principles of that state.

Any dispute arising out of or in connection with this Contract shall be settled amicably by the parties in good faith by whatever means the parties deem appropriate. If the parties cannot themselves resolve any such dispute between them within 14 days from the time the dispute arose, parties shall resort to mediation in a form agreed by the parties. If within a further 14 days after the dispute has arisen a satisfactory mediation process has not been agreed upon by the parties, or if within 30 days after the dispute has been submitted for mediation it has not been resolved to the satisfaction of the parties, then the dispute may be submitted for final and conclusive resolution to the court.

  1. ENTIRE CONTRACT

This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.

 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in duplicate, each of which shall be considered an original, by them/respective signatory officials thereunto duly authorized as of the day and year first above written.

Signed by or on behalf of:

THE UNDERSIGNED HAVE READ, FULLY UNDERSTOOD AND BY SIGNING BELOW, ACCEPTED THE TERMS OF THIS CONTRACT AND HAS SOUGHT THE ADVICE OF A LAWYER IN ENSURING THAT THIS CONTRACT COMPLIES WITH THE LAW IN THEIR STATE, CITY OR PROVINCE.

EDITOR COMPANY

NAME:                                                                NAME: 

_________________________                     _________________________

SIGNATURE:                                                    SIGNATURE:

_________________________                     _________________________

DATE: DATE:

_________________________                     _________________________

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