POST PRODUCTION SERVICES AGREEMENT
Exhibit
10.3
This Post
Production Services Agreement (the “Agreement”) entered into this 26th day of
August 2010 between Empire Post Media, Inc. (the “Contractor”), and Brain/Storm
Pictures (the “Customer”).
WHEREAS, Customer is developing and
preparing for production a feature length documentary film presently titled
“Brain/Storm”, and
WHEREAS, Contractor is in the business
of providing post production work for feature films, and
WHEREAS, the Customer and Contractor
desire to enter into an agreement whereby the Contractor will perform post
production services for the Customers’ documentary film.
IT IS
THEREFORE AGREED:
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1.
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The
Project. The project is the production of a
feature-length documentary presently titled “Brain/Storm” about innovative
treatments currently being used with military personnel who have suffered
severe brain injuries in combat. The planned documentary, with a
running time of approximately 90 minutes, will include interviews,
re-enactments shot both on location and on sound stages, including "green
screen" effects shots and underwater photography, B-roll and stock footage
from a variety of sources. Customer shall have total responsibility
for creation and production of all production elements, including but not
limited to those described above, and undertakes to deliver such elements
to Contractor in a High Definition Digital format. Customer intends
to commence delivery of such elements to Contractor no later
than October 4, 2010.
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2.
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Post Production
Services. Contractor agrees to perform post production
services for the documentary film, including editing, creation
and rendering of effects, digital compositing, sound effects, sound mix,
color correction and mastering and deliverable outputs of the finished
documentary, all of which is described in more detail, along with
Contractor's rates, in Exhibit A attached hereto and made a part hereof
(the “Services”). Music will be provided by Customer in a
“ready to mix” format. Any variances, including added work or
overages, will be mutually agreed upon between the parties, before such
work is undertaken.
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3.
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Consideration. Contractor
agrees to provide the Services and Customer agrees to pay for the Services
at the rates set forth on Exhibit A attached hereto and made a part
hereof, for a total consideration of
$170,000.
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4.
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Further Terms and
Conditions. The parties hereto, agree that all Services
and payment for Services shall be governed by the Contractor’s Standard
Terms and Conditions set forth in Exhibit B attached hereto and made a
part hereof.
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5.
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Notices. Any
notice or other communications required or permitted under this Agreement
shall be in writing and may be delivered , personally, by facsimile, or by
prepaid registered mail addressed to the addresses set forth below, or to
such other address as the addressee may have specified by notice under
this provision. Any such notice or other communication, if
delivered or mailed, shall be deemed to have been given when received, and
if by facsimile, shall be deemed to have been given when the appropriate
transmission report acknowledging receipt is received by the
sender. All notices shall be sent to the parties as
follows:
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If to Contractor:
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If to Customer:
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Xxxxx
Xxxx, President
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Xxxxxx
X. Xxxxxxxxx
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Brain/Storm
Pictures
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000
Xxxxx Xxxxxxx Xxxxx, Xxx. 000
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0000
Xxxxxxxx Xxxxx
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Xxxxxxx
Xxxxx, XX 00000
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Xxx
Xxxxxxx, XX 00000
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Fax
No. (000) 000-0000
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Fax
No. ___________
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Courtesy copy
to:
Xxxxxxx
X. Xxxxxxx
Law
Offices of Xxxxxxx X. Xxxxxxx
00000
Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx
Xxxxx, XX 00000
Fax No.
(000) 000-0000
IN WITNESS WHEREOF,
the parties hereto have executed this Post Production Services Agreement as of
the date first set forth above.
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Contractor:
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Customer:
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BRAIN/STORM
PICTURES
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By:
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/s/ Xxxxx Xxxx
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By:
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/s/ Xxxxxx X. Xxxxxxxxx
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Xxxxx
Xxxx, President
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Xxxxxx
X. Xxxxxxxxx
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