Sample Distribution Agreement
The following represents a sample agreement between a Producer and Sales Agent. As in any standard contract between Producer and Sales Agent, the Sales Agent will be referred to as “Distributor.” (In this respect, it is always important for a Producer to be absolutely clear about the rights he is signing away and if he is signing with a Sales Agent, sometimes referred to as a “Distributor” in contracts, who represents his projects for sale in the marketplace, or with an actual “Distributor” who will license projects and exhibit the projects to audiences.)
This is a standard contract, which may be used in the United States and other territories as well. This is intended simply as a guideline for filmmakers to understand what a standard contract between a Producer and a Sales Agent consists of and what the Sales Agent may require of you by way of deliverables and terms of contract. While this is an actual standard contract between a Producer and a Sales Agent, this is one example, so do understand, different Sales Agents will have different specific guidelines and technicalities which they will require filmmakers to follow, depending on the type of project, the territories they are representing, the media they are representing your project for, etc.
The information appearing in this “sample contract” is by no means indicative of the terms a filmmaker may be offered and should not be taken as such; it simply represents some industry “norms.” It is intended as an educational tool only, and the contract a filmmaker is offered by a Sales Agent may differ in content and scope. The terms of agreement and specifics of the “Elements” or deliverables will vary greatly as may other contractual terms such as length of term, recoupable expenses, and percentage of sale a sales agency will take for representing your film. This “sample contract” is not intended to represent the exact contract you might receive from a Sales Agent for representation of your film.
We always strongly recommend filmmakers consult a qualified and reputable entertainment attorney to negotiate the finer points of their individual contracts.
DATE: | [DATE OF AGREEMENT] |
DISTRIBUTOR: | [SALES AGENT] SALES AGENT ADDRESS LINE 1 SALES AGENT ADDRESS LINE 2 |
PRODUCER: | [PRODUCER] PRODUCER ADDRESS LINE1 PRODUCER ADDRESS LINE 2 |
1. | [PRODUCER] represents and warrants as follows: |
(a) | It has full right, power and authority to enter into and perform this Agreement and to grant to [SALES AGENT] all the rights herein granted, and will continue during the Distribution Term to possess such right, power and authority. |
(b) | All of the following have been, or will be, fully paid or discharged by [PRODUCER] |
(i) | all claims and rights of owners of copyrights in the Picture and in the literary, dramatic, musical or other material appearing, used or recorded in the Picture (including, without limitation, any and all guild and union payments which may be or become due) and |
(ii) | all claims and rights of any persons, firms or entities with respect to the use, distribution, performance, and exploitation of the Picture, and any music contained therein. |
1. | The following Elements must be delivered to [SALES AGENT] as soon as possible but in no event later than thirty (30) days following full execution of this agreement, time is of the essence: |
(a) | The following masters: |
(i) | A digital Betacam NTSC video master in the original aspect ratio and enhanced for the 16:9 format (unless the Picture was originally shot full frame). Widescreen video masters not enhanced for the 16:9 format should be retransferred for the 16:9 format from film elements if available. Artificially squeezed video masters will not be accepted. The parties agree that, in addition to the above-described masters, [PRODUCER] may deliver any other versions of the masters [PRODUCER] may have available; however, such additional masters may not be delivered in lieu of the above-described masters and, further, [SALES AGENT], in its sole discretion, may determine which master (or masters) to use. The above-described masters must meet the technical requirements set forth on SCHEDULE 1, attached hereto and incorporated herein by this reference. |
2. | Notwithstanding anything contained in this Agreement to the contrary, [PRODUCER] understands, acknowledges and agrees that the Elements delivered to [SALES AGENT] must, in all respects, contain current, correct and accurate information, and, further, must be of suitable quality and content to effectively package, market and sell the Pictures, as determined by [SALES AGENT] in its sole but reasonable discretion. Unacceptable material, for example, includes, but is not limited to, outdated or incorrect information, negative film, digital scans of printed materials, poor duplicate slides and frame grabs taken from the master. As soon as possible after the tendered delivery of each item specified in Paragraph 5.1 above, [SALES AGENT] will advise [PRODUCER] if any Elements are unacceptable, unsuitable or incomplete and [PRODUCER] will promptly thereafter deliver suitable and complete Elements. If such unsatisfactory delivery of any of the Elements has not been cured in total within thirty (30) days from receipt by [PRODUCER] of notice from [SALES AGENT] in accordance with the delivery requirements of [SALES AGENT], [SALES AGENT] will have the right to either: |
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
[SALES AGENT] |
[PRODUCER] |
18.119.192.79