FILM PRODUCTION AGREEMENT
This Film Production Agreement, herein referred to as the "Agreement," is made this
_______ day of ______________ 20__ between KONO INTERACTIVE herein
referred to as the “Production Agency” and _______________________ herein
referred to as the “Client”. Together referred to as the “parties”.
WHEREAS the Client desires to engage the Production Agency to create
film/content/brand/ business.
THEREFORE, the Production Agency has agreed to provide and/or assist in
providing the film/content/brand/ business subject to the terms and conditions
enumerated as follows:
1. Term.
This agreement shall be in effect from the date of signing and will continue in
existence until terminated in accordance with the provisions of this agreement.
2. Content.
The Production Agency shall create the film, content, brands, and businesses for the
Client as agreed.
3. Payment Terms.
In consideration of the performance of the Agreement, the Client and the Production
Agency have mutually agreed on __________ as compensation.
4. Changes.
Any party herein can request any changes to the terms in the Agreement and/or the
scope of work or service being performed and any cost associated with change
requests upon a written request (which will not be unreasonably withheld). Parties
will prepare an addendum to this contract, which must be signed by all the parties
involved.
5. Intellectual Property.
The parties herein agree and acknowledge that they co-own the story and the rights
for the life of the film/content created.
6. Termination.
The Production Agency has the right to terminate this service Agreement for any
reason at any time.
Any termination of this Agreement does not discharge a party from any accrued
rights or liabilities of either Party arising from the conduct and/or existence of this
Agreement.
7. Confidentiality.
All the terms and conditions of this Agreement and any confidential information must
be kept confidential unless disclosure is required under the law.
Disclosing or using this information for any purpose beyond the scope of this
Agreement or the exceptions set forth above is expressly forbidden without the
Parties’ prior consent.
The Parties agree that the confidentiality clause in this Agreement will remain active
and in power even upon the termination of this Agreement.
8. Limitation of Liability.
Neither Party shall be liable for any indirect or consequential loss or damage
howsoever caused by the other Party leading to loss of profit, anticipated savings, or
wasted expenditure incurred out of or in connection with this Agreement.
9. Dispute/Conflict Resolution.
The Client and the Production Agency hereby mutually agree to have mutual
negotiations in good faith if there arises a dispute and/or conflict concerning the
services, interpretation, obligations, etc., envisioned under this Agreement. If the
negotiations fail, parties may resolve the issue/dispute/conflict through neutral
Mediation, and the costs of such proceedings shall be borne equally by both parties.
10. Indemnification.
The Production Agency agrees to indemnify and hold harmless the Client from and
against all liability, claims, demands, and expenses, including court costs and
attorney fees, on account of any claim which may arise out of the Content/film
provided.
11. Non-exclusive.
The parties herein agree and acknowledge that the services provided by the
Production Agency are not exclusive to the Client, the Production Agency has the
right and freedom to provide the services to other Clients.
12. No Assignment.
The parties may not assign or delegate, sublicense or otherwise transfer this
Agreement or its services to be performed or obligations under this Agreement to
other third parties.
13. Waiver.
No waiver by either Party of any default shall be deemed a waiver of prior or
subsequent default of the same of other provisions of this Agreement.
14. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
the state of Colorado.
15. Force Majeure.
For this Agreement, "Force Majeure" means an event that a diligent party could not
have reasonably avoided in the circumstances, which is beyond the control of a party
and includes, but is not limited to war, riots, civil disorder, earthquake, storm, flood,
adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts,
bankruptcy, confiscation, or any other action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered
a breach of this Agreement provided that the Party has taken all reasonable
precautions, due care, reasonable alternative measures, and minimal delay to carry
out the terms of this Agreement.
16. Severability.
Suppose any term, clause, or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction. In that case, such invalidity shall not affect the validity
or operation of any other term, clause, or provision, and such invalid term, clause, or
provision shall be deemed to be severed from the Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representatives of the parties.
Signed by; –
THE CLIENT; –
Name:
______________________________
Signature:
__________________________
Date:
_____________________________
THE PRODUCTION AGENCY; –
Name:
______________________________
Signature:
__________________________
Date:
_______________________________
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