VIDEO/MULTIMEDIA PRODUCTION CONTRACT
THIS AGREEMENT is made this
1st day of November, 2008 by and between Writers’ Group Film Corp. (“Producer”)
and Car Search, Inc. (“Client”).
Recitals
WITNESSETH
WHEREAS,
Writers’ Group is an entertainment and commercial production company;
and
WHEREAS,
Car Search is a used car dealership requiring commercial and industrial video
products; and
WHEREAS,
the purpose of this document is to establish a contract between Writers’ Group
Film Corp., hereinafter referred to as Producer, and Car Search, Inc.,
hereinafter referred to as Client, for the production of the video products
delineated in Paragraph 1, hereinafter referred to as the Project;
NOW,
THEREFORE, in consideration of the mutual covenants set forth in this Agreement,
Client and Producer hereby agree as follows:
Terms
& Agreements
1.
Description of the Project (“Specifications”).
Producer
agrees to develop the Project, which shall consist of two products, as
follows:
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A.
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One
35-second commercial for Car Search, Inc., advertising Car Search and its
principal service of selling used cars to the general
public.
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a.
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Commercial
is to be shot on videotape and may be rendered by videotape or digital
media, and delivered in DVD or other digital media, as required by
Client.
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b.
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Content
and other characteristics of the commercial are to be prepared in
accordance with Paragraphs 3-5 of this
Agreement.
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xxx.xxxxxxxxxxxxxxxxxxxx.xxx * xxxx@xxxxxxxxxxxxxxxxxxxx.xxx
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B.
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One
5-15 minute instructional training video (considered an “industrial video”
for entertainment industry classification purposes) for Car Search,
covering the marketing and selling of used cars. The purpose of the video
is educational and primarily for the use of Car Search’s employees,
contractors and agents.
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a.
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Instructional
video is to be shot on videotape and may be rendered by videotape or
digital media, and delivered in DVD or other digital media, as required by
Client.
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b.
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Content
and other characteristics of the instructional video are to be prepared in
accordance with Paragraphs 3-5 of this
Agreement.
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2.
Responsibility for Original Material.
Materials
provided to Producer for use in fulfilling the Project (“the Materials”) may
include, but are not limited to: still photographs, film, slides, 8-mm &
16-mm film, videotapes, audio, artwork, motion graphics, 3D animation, digital
media or other source materials required for inclusion in the Project. Producer
is not responsible for lost or damaged materials and any compensation due Client
shall extend only to the cost of replacing the Materials in their raw or stock
format. Services provided to Client under this Agreement may include the use of
sub-contractors and third-party services. Client agrees to indemnify and hold
Producer harmless from any and all claims for any loss, damage or delay to the
Materials or Project while in transit or in the possession of third-party
sub-contractors and agrees that damages shall be limited to replacement or
replacement cost of the raw original material and media provided to
Producer.
3.
Content: General Provisions.
Project
shall be in color, with embedded sound, in the English language. Any DVD
presented to Client representing the final Project shall be encoded Region 0, 1
or ALL, and playable on all U.S. DVD players.
4.
Content: Schedule and Approvals.
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4.1
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Client
shall provide to Producer a list of data and other special instructions
related to content for the Project. The Producer shall incorporate this
list into the Project as finally presented to
lient.
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4.2
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Producer
shall then provide Client a written script for the Project in a format
standard to the production industry prior to the start of production.
Client shall have the right to approve said script or estimate for
production or stipulate changes thereto in order to make said script or
estimate suitable for approval for Client. Said approval shall be in
writing with a signature block for Client. Any changes made by Client to
the script or project after entering into contract may alter the final
billing.
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4.3
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Producer
shall, subsequent to script or estimate approval, exercise sole discretion
in the hiring and firing of cast, crew and other production staff.
Producer is solely responsible for the standards of production for the
specified budget.
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4.4
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Producer
ensures to provide a finished version of the Project to the Client within
a reasonable time frame at the Client’s business address listed in
Paragraph 10.
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5.
Content: Sensibilities.
Client
understands that Producer, within the parameters set by Paragraphs 3 and 4 of
this Agreement, will be utilizing its own judgement as to tone and other aspects
of sensibility in producing the Project, and further understands that Producer’s
vision for the Project is to utilize its comedic and parodic sensibilities in
producing the Project.
6.
Compensation and Budget.
The grand
total of the production budget for Project approved by Client is US$8,425.00,
payable in advance of any work done. This includes any and all remuneration,
fees and other consideration to Producer from Client.
7.
Delivery of Project.
Producer
will use all reasonable efforts in the development of the Project and endeavor
to complete and deliver to Client the completed Project no later than February
15, 2009 by an approved party, provided that payment and all requested materials
and instructions have been received by Producer from Client. Any delay in the
completion of the Project due to actions or negligence of Client, transportation
delays, illness, or circumstances outside the control of Producer shall alter
the delivery date. Producer will make reasonable effort to notify Client of any
delays to the estimated delivery date as soon as possible.
8.
Other Agreements.
There are
no other agreements or codicils (supplements, appendices, etc.) relative to this
PROJECT between either of the parties hereto either verbally or in writing and
this document constitutes the entirety of the contract.
9.
Ownership; Other Uses of Project by Producer.
Client
shall be owner of Project upon completion; however, Client hereby grants
Producer the right to use all footage from development of Project, including,
but not limited to, final product submitted to Client, edited or not edited in
any way Producer sees fit (“Footage”), as its own marketing tool to demonstrate
its ability as a producer of commercial and entertainment products, and in this
wise may use Footage in any non-remunerative way it wishes, including, but not
limited to, uploading of Footage onto video-uploading websites such as YouTube,
XxxxxxxXxx.xxx and Veoh, under its own name and production company logo and
other marks of producership.
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10.
Notice.
Any
notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing and either
served personally or sent by prepaid, first class mail. Any such notice, demand,
etc. shall be addressed to the other party at the address set forth herein
below. Either party may change its address by notifying the other party of the
change of address. Notice shall be deemed communicated within two business days
from the time of mailing if mailed within the State of California as provided in
this Section.
If to
Producer:
0000 Xxxx
Xxxxxx X #000
Xxxxxxxxx,
XX 00000
If to
Client:
0000
Xxxxx Xxxx Xxxx.
Xxx
Xxxxxxx, XX 00000
I have
read, understand and agree with every provision of this contract and by my
signature, hereby certify that I accept and agree to abide by them and that I am
competent and legally qualified to enter in to such a contract.
Executed
on this day of November 1, 2008 in the City of Los Angeles, located in Los
Angeles County by:
Producer:
Writers’ Group Film Corp.
_____________________________
By: Xxx
X. Xxxxxxxx, President
Client:
Car Search, Inc.
/s/ Xxxxxx
Xxxxxx
_____________________________
_____________________________
By:
Xxxxxx Xxxxxx, Secretary
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