THIS AGREEMENT made between writer, (YOUR NAME), herein called writer,
Writer: (Your Name)
(Your Street Address)
(City, State, Zip Code)
(Phone)
AND
Story Owner: (STORY OWNER'S NAME)
(Owners Street Address)
(City, State, Zip Code)
(Phone)
herein called Story Owner,
WITNESSETH:
The parties agree as follows:
I. Term: This Agreement shall be in effect for a period of one (1) year
commencing the date Story Owner and Writer of this signing. See Section
III paragraph "I" herein.
II. Subject Matter: The parties agree that Writer shall have the
exclusive right to represent Story Owner's life story pertaining to the
events that took place with [his (or her) employment with ABC Airlines in
the State of California.]
Work: Tentative screenplay, play, book, or teleplay herein known as,
("Title of Screenplay"). Parties agree this is a tentative working title
and may change beyond the control of the Writer or Story Owner.
III. Writer's responsibility, limitations and authority:
A. Writer shall utilize his knowledge, skill, contacts, experience and
best efforts to write the story at least one-draft in standard screenplay
format, promote the sale of Story Owner's Work for publication and any
other appropriate productions and markets, domestically and
internationally. Writer shall own the copyright and all rights therein to
the work, including the tone, texture and form. Writer shall register the
work with the Writer's Guild of America for at least 5-years, and U.S.
Library of Congress Copyright Office, at least the first draft.
B. Writer shall not be responsible for any copyright infringements.
C. Writer shall make good attempt to portray the story as truthful as
possible, however, the
parties agree, for dramatic purposes, elements of the story may need to
change, and, may need to change from the needs and desires of actors,
producers, production companies, etc. The parties agree to these changes
so as not to make the work unmarketable.
D. Writer shall be responsible for any costs incurred in the
reproduction, postage, photo copying, registering and marketing of the
work. It is understood all costs incurred shall be reimbursed to Writer
prior to payment to Story Owner if a option or sale is made.
E. Writer shall have the exclusive right to represent the Work, and the
Story Owner, in all contractual negotiations involving the Work.
Including media interviews or other publicity events of any sort with the
Story Owner, including 15% of such moneys from said publicity.
F. Writer shall make any commitment involving the Work without approval
from the Story Owner. Media interviews with the Story Owner will require
Story Owner's written permission, and, Story Owner may decline to perform
such interviews to remain anonymous. The parties agree that the name of
the Story Owner can be given out, including phone number and addresses to
Writer's literary agent(s), producers, directors, attorneys, studio
executives, attorneys, or any other person who needs to know, to sell,
produce, or market or defend the Work.
G. Writer agrees to inform Story Owner of any significant replies from
publishers, producers, or other markets at the earliest possible time.
This can be verbal or in written form.
H. There is no guarantee a sale of the Work will be made. The Work is a
speculative venture.
I. Writer agrees to market the Work. After one (1) year no market
exists, or Writer cannot, or fails to pursue marketing of the Work, this
contract will automatically expire. Writer will return to Story Owner the
Work, however, rights still remain with Writer as creator of the the Work
and copyright holder.
J. Writer will not sell the Work without negotiating with Buyer 50% for
Story Owner. If no such negotiation is successful, or cannot be made,
Writer will pay Story Owner 50% of any moneys earned, after Writer's
expenses are reimbursed. This includes royalty and residual payments
derived from the express sale or visual presentation of the Work. This
does not include rewrite income or career promotions or actual pay scales
for the Writer from the Buyer.
K. Writer is under no obligation to pay Story Owner any moneys over and
above the terms and conditions of this contract for the Work, including
any income from screen writing contests.
L. If a option is given and money received, the moneys will be split
50%-50% with Story Owner, after Writer's expenses deducted within 60-days
of cashing of check, and check has cleared.
M. Rewrite income from Buyer is Writer's income for labor on the Work.
IV. Story Owner's responsibilities, limitations and authority:
A. During the term of this Agreement, Story Owner shall not permit any
other person, firm or corporation to act in any representative manner or
capacity for the Work, nor is the Story Owner or any representative of the
Story Owner, to circumvent Writer by contacting any publishers, producers
or media concerning Work unless written permission is given by Writer.
B. Story Owner agrees to give full designation and control to Writer
throughout the marketing process, including the producing, filming and
exhibition of the Work in any medium.
C. Story Owner agrees to accept from Writer a nominal one-dollar,$1.00
American funds, payment for the story rights.
D. Story Owner understands and agrees that the monetary value of the Work
may, or may not be, substantial. That Writer has no control, nor is
expected to have control of the Work's value. Story Owner has no control
over the final negotiated price of sale of the Work or residual royalty
payments. This requires, usually, a negotiated contract with the buyer or
buyers of the Work. There is no certainty to the outcome of such
arrangements.
E. Referring to section III paragraph "I" if Work is returned to Story
Owner, Story Owner may shop and market the script to agents, publishers,
producers, etc., at Story Owner's convenience and at his own expense.
Story Owner agrees prior to any option or sale, Writer will be notified,
and Writer's copyright and WGA registration shall be validated to such
buyer. Writer agrees to negotiate in good faith to promote the sale of
the Work. 50%-50% agreement still applies.
F. If a offer is made to option or purchase of the Work, Story Owner
understands Writer may do so without permission from Story Owner,
regardless of the value of the Option or Sale. It is understood, Story
Owner will stand to claim a 50% fee, after deduction of Writer's fees and
expenses for the express Option or Sale of the Work. This does not
include rewrite income or career promotions or actual pay scales for the
Writer from the Buyer. Only the option, royalty, residual, and outright
sale is binding.
G. Story Owner agrees that the compensation payable to Story Owner is
entirely in the hands of, and the sole decision of the Buyer(s). In the
event the Buyer does not contract with Story Owner, Writer will pay 50% of
moneys earned by Writer, after Writer's expenses are reimbursed. This
does not include rewrite income or career promotions or actual pay scales
for the Writer from the Buyer.
H. Story Owner has no claim on any moneys for Writer's promotions to
co-producer, producer, director or assistant director credits or funds.
Writer's career moves are not included in this agreement, even if relative
to the Work.
I. If Writer is promoted to assistant producer or higher related to the
Work or otherwise, Story Owner agrees this income is Writer's income and
no claim upon such will be made.
J. Story Owner has the right to read and correct the Work to maintain
relative accuracy to the true story with Writer prior to the first
copyrighted draft.
K. Story Owner agrees Writer may assign Work to a literary agent or
producer for marketing. There are costs involved with such representation
and Writer will bear these costs. Writer is entitled to be reimbursed for
such costs, prior to payments of any moneys to Story Owner.
V. Services of Writer:
A. Story Owner agrees that services of Writer are not exclusive and
Writer shall, at all times, be free to perform and provide the same or
similar services for others as well as engage in any and all other forms
of business activity. If Agent consummates a sale, commissions and other
costs is born by both Writer and Story Owner. Agent takes commission on
gross sale price.
VI. Successors and assigns:
This Agreement shall be binding on heirs, executors, administrators, legal
representatives, successors and assigns of the respective parties.
VII. Construction:
This Agreement shall be construed in accordance with the laws of the
(State of California).
VIII. Modification:
This Agreement shall not be changed or modified, nor any provision hereof
be waived except by mutual consent of both parties in writing, with a new
contract.
IX. Termination:
This Agreement shall be continuous. At any time, the parties may
negotiate for the termination of this agreement and shall become void when
consummated in writing and agreed by both parties. Writer may, at any
time after 1-year, with written notice to Story Owner, terminate this
agreement. Story Owner may terminate agreement without cost or penalty to
Story Owner if Writer fails to promote the Work as herein stated in this
agreement. Copyrights remain with Writer.
X. Indemnification:
Story Owner and Writer warrants and certifies that Work, under the
exclusive control of the Story Owner and Writer is factual, is not
slanderous or libelous to any living person or entity, and indemnifies
Buyer against any actions, of any nature, resulting from the Work.
XI. Payments:
Writer will not charge Story Owner for any bills not so agreed in this
contract. Story Owner will not charge Writer for any bills not so agreed
in this contract.
XII. Arbitration:
A. Both parties agree to settle all disputes through arbitration and the
arbitrator's decision will be final. No civil suits of any kind will be
filed. The arbitrator used shall be a qualified arbitrator in the State
of California, and California law will prevail. Litigants will share
expenses for the arbitration hearing, exempting travel, motel, meals, and
other erroneous costs, etc.
Executed this_______________day of _________________19_____.
________________________. Date__________________.
Writer.
________________________. Date__________________.
Story Owner.
Note: Delete the following information. It is not part of the
Agreement. Substitute information in parenthesis or brackets as indicated. You may want to use
an Arbitrator in your state to avoid
travel expenses to California, but keep laws applicable to this Agreement
to California law. New York also has well established entertainment
laws. You can make changes to this Agreement to suit your preferences.
You can have an attorney inspect the agreement if you wish.
You should have an entertainment attorney fine
tune this sample agreement to reflect evolving technologies that will
affect contract terms, conditions and language.