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Monday, March 4, 2019

EXECUTIVE PRODUCER AGREEMENT - CONTRACT BROKEN DOWN (In the Entertainment industry.)

Ex Producers Agreement / Photo Credit: Bruce Bisbey

EXECUTIVE PRODUCER AGREEMENT - CONTRACT BROKEN DOWN (In the Entertainment industry.)

EXECUTIVE PRODUCER AGREEMENT - CONTRACT BROKEN DOWN

This is just one example of many, but will allow you to see the verbiage and the various aspects of an agreement. This is one I have used and covers most but not all contractual agreements and aspects.
Cheers.

EXECUTIVE PRODUCER AGREEMENT

DATE: ………………………….

Producers Name
Street Address
City
Country / State / Zip Code

Re: EXECUTIVE PRODUCER ON FILM WORKING TITLE, “………………………………………”.

This agreement is made and entered into as of the date written above, by and between …………………………….. (for Production Company) and Producer Name (Executive Producer) concerning Executive Producer’s services in connection with the project presently known as “Title of Project” (the “Picture”). The parties hereto agree as follows:

1.  Employment.
Provided Executive Producer is available when and where reasonably required by Production Company, Production Company shall engage Executive Producer (capacity) for the Picture, and Executive Producer accepts such employment, upon the terms and conditions herein contained.

2.  Term.
Executive Producer’s services hereunder shall be nonexclusive during development and first priority during production, provided, however, that any services which Executive Producer may render for third parties or on Executive Producer’s own account during nonexclusive periods shall not materially interfere with the timely performance of Executive Producer’s services and obligations hereunder.

3.  Compensation.
As full and complete consideration for all of the undertakings and services of Executive Producer and all rights and materials herein purchased, granted and agreed to be granted and upon the condition Executive Producer shall fully and faithfully complete all services that may be required hereunder and provided that Executive Producer is not in breach or default hereof, Production Company agrees to pay to Executive Producer, and Executive Producer agrees to accept, the following:

3.1          A development fee of $............................. (“Development Fee”), payable promptly following execution hereof. Said Development Fee shall be fully applicable against the Production Fee as defined below.
3.2          Provided the Picture is produced, a fee of $............................. (“Production Fee”) (less the Development Fee), payable promptly in two stages;
3.2.1      Fifty percent (50%) one week prior to the start of principal photography
3.2.2      Fifty percent (50%) following the completion of principal photography of the Picture.
3.3          Production Company shall have the unlimited right to rerun the Picture on television, make foreign telecasts thereof and release the Picture theatrically and in any and all supplemental markets anywhere in the world and otherwise exploit the Picture in all media throughout the universe, and, in the event Production Company exercises any such rights, Executive Producer shall receive no additional compensation thereof, except as expressly set forth herein.
3.4          Nothing herein shall be deemed to obligate Production Company to use Executive Producer’s services, or the results of such services in the picture, to produce, release or distribute the Picture or to continue the release and distribution of the Picture if released or to otherwise exploit any rights granted to Production Company hereunder. Production Company shall have fully discharged Production Company’s obligations hereunder by payment to Executive Producer of the Compensation set forth herein.

4.  Credit.
In the event that the Picture is produced by Production Company and provided Executive Producer performs all of Executive Producer’s services hereunder and on the condition that Executive Producer is not in breach or default hereof and subject to customary of the studio, network and/or other similar parties, Production Company shall accord Executive Producer screen credit on positive prints and /or digital prints of the Picture in substantially the form “EXECUTIVE PRODUCER – Producers Name” (credit). All other matters relating to credit shall be determined by Production Company in its sole and exclusive discretion and subject to the standards and operating policies and practices as established and determined by the network, studio or similar party. No inadvertent or casual failure by Production Company or any failure by a third party to accord the credit provided herein shall be deemed a breach of this Agreement.

5.  Travel.
If Production Company requires Executive Producer to render services on the Picture more than one hundred and sixty kilometers away from Executive Producer’s principal residence (a “Distant Location”), Production Company shall furnish Executive Producer with round-trip transportation, air flights in business class or higher seats only, and, while Executive Producer is at such Distant Location at Production Company’s request, reasonable hotel, (4 to 5 Star), accommodation and ground transportation to be provided for the Production Company’s account.

6.  Miscellaneous
The balance of this agreement shall be Executive Producer’s Terms of Personal Services Engagement (TOPSE), a copy of which are attached, subject to those changes, if any, mutually agreed in writing by the parties. This agreement shall constitute a binding agreement between the parties, shall supersede any prior or contemporaneous agreements and may not be waived or amended, except by a written instrument signed by the parties hereto.

AGREED AND ACCEPTED:


_____________________________________________________________________________________
Name and Signature of Executive Producer:

_____________________________________________
Passport Number:

_____________________________________________
Date of Execution:


For Production Company:

_____________________________________________________________________________________
      Name and Signature of Production Company Representative:
     
      ____________________________________________
      Position of Signatory:

      ____________________________________________
1.  Witness

____________________________________________
2.  Witness
     

Sources, References & Credits: Bruce Bisbey, Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, TV Guide Magazine, Blurb, Media Match, Future Learn, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, How Stuff Works, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Bright Hub, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Liberty Me, Careers Hub, Sokanu, Raindance, Film Connection, Cast & Crew, Entertainment Partners, My Job Search, Prospects, David Mullich, Gear Shift, Video University, Oxford Dictionaries’, Boredom Therapy, The Bold Italic, Meets the Eye Studio, The Guardian, Elliot Grove, Jones on art, Creative Plant, Studio Binder, Film Tool Kit, Still Motion, Film Under Ground, Steves Digicams, Improve Photography, Guy Nockels, Namib Films, Film Support,

THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS PROVIDED "AS IS" AND BRUCE BISBEY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION. BRUCE BISBEY DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. BRUCE BISBEY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.

Ex Producers Agreement / Photo Credit: Bruce Bisbey

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