REPRESENTATION AGREEMENT EXAMPLE
THIS AGREEMENT effective as of (DATE) , (YEAR)
New Media Nation (“Representation”)
THE FIRST PARTY,
- and -
THE SECOND PARTY,
WHEREAS New Media Nation has entered into an agreement acting as Representation & Executive Producer for the
production entitled (PRODUCTION) (the “Program”); and
WHEREAS ARIST is the producer of, and owns all right, title and interest, including copyright, in and to, a production
entitled (PRODUCTION); and
WHEREAS ARTIST NAME(“Artist”) wishes to retain the services of New Media Nation (“Representation”) to act as
Representation & Executive Producer of the Program;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, mutual covenants and
agreements herein and other good and valuable consideration, the sufﬁciency of which is hereby acknowledged, the
parties agree as follows:
Page 1 of 4
1. Grant of Representation Rights
(a) The Artist grants to New Media Nation the exclusive right, license and privilege to act as Representation & Executive
Producer of the Program and any derivatives in all languages and versions and digital formats in all media now known or
in future devised, including all upgrades, enhancements, modiﬁcations and functional substitutions therefore, throughout
the Territory for the applicable Term, including but not limited to the right to license the Program or components thereof to
broadcasters or other licensees.
2. Term and Territory
(a) The Term of this Agreement shall continue in perpetuity on the execution of this Agreement unless terminated in
accordance with this Agreement.
(b) The Territory of this Agreement shall be the world, universe and any unknown universes that may become known.
(a) New Media Nation agrees to use commercially reasonable efforts consistent with new media industry standards to
accurately represent the Program as Representation & Executive Producer.
4. Producerʼs Content
(a) Artist shall own and retain all right, title and interest, including but not limited to copyright, in and to all original creative
elements developed and produced by the Artist for the Program from the inception of the creation thereof and in
5. New Media Nation Contacts, Technology, and Content
(a) New Media Nation shall own all right, title and interest, including but not limited to copyright, in and to all original and
pre-existing source code, site ﬁles, applications, tools, methods, programs, software and know-how created or used by
New Media Nation in the promotion and sales of the program and all original creative elements developed and produced
from the inception of the creation thereof and in perpetuity and have the right to exploit independently from the Program
with no payments being due or payable to Artist from such exploitation. New Media Nation makes no warranty of any
kind that the contacts, technologies, or content will always be available, accessible, uninterrupted, timely, secure or
operate without error.
6. Representation Commission
(a) New Media Nation shall be entitled to retain _____ (___%) of Gross Receipts or Adjusted Receipts, as applicable, as
its commission earned for the total sales made by the program.
7. Executive Producer Commission
(a) New Media Nation shall be paid $______ of Gross Receipts or Adjusted Receipts of the total sales made by the
program, as applicable, as payment earned for Executive Producing.
8. Inspection of Books and Records
(a) The Artist shall maintain in the state of California proper books and records in relation to the matters set out in this
Agreement and in accordance with generally accepted accounting principles. For the purposes of verifying the accuracy
of the Reports and the remittance of Net Receipts, to Representation or its authorized agent shall be entitled, during
normal business hours and upon 48 hours prior notice, to examine at its own expense such books and records, and may
at any time and at its own expense require an audit of such books and records.
9. Producerʼs Representations and Warranties
(a) The Artist represents and warrants to New Media Nation:
(i) That it owns all right title and interest, or has acquired all the necessary licenses and grants of rights, including
but not limited to copyright, in and to the Program and has the right to enter into this Agreement and to grant to
New Media Nation the distribution rights herein granted;
(ii) That no part of the Program or the exercise by New Media Nation of the rights herein granted will violate or
infringe upon any rights of any third party, including but not limited to copyright, trademark rights, or any other
proprietary right or interest of any kind; and
(iii) That the Program does not contain any defamatory or illegal material or violate any law.
Page 2 of 4
10. Executive Producer Credit
(a) The form of the Executive Producer's credit on any screen, computer screen, paid advertising, phonograph records,
books, tapes, videodiscs, videocassettes and the containers thereof, when and as required, shall be "Executive
Produced by New Media Nation" The words "Executive Produced by" on screen shall be at least one-half the size of type
used to accord title credit of the program/production. The Artist involved shall be bound by such determination, and if
notiﬁed thereof by the Executive Producer in writing within a reasonable time before prints with the main titles are
prepared but shall not be bound with respect to advertising, publicity or other material prepared prior to such notice.
11. Restriction on Use of Word "Executive Producer"
(a) The Artist will not hereafter and during the term hereof enter into any agreement with any guild, craft, union, or labor
organization in which it agrees to accord members thereof credit on screen, paid advertising, phonograph records,
books, tapes (including the cover of the book, record or tape as well as any album, envelope, box or other container in
which such record or tape is contained) which includes the word "Executive Producer," or any derivation thereof, but the
foregoing shall not apply to a guild or craft with which the Artist heretofore entered into an agreement requiring credit.
(b) Except as required by agreements heretofore executed by the Artist, and agreements permitted by subparagraph
above to be hereafter executed, Artist will not grant to any individual, other than a Michael Murray, any credit which
includes the word "Executive Producer," or any derivation thereof.
12. Screen Credit
New Media Nation will receive credit of the program and shall be accorded credit on all positive prints and all videodiscs/
videocassettes of the ﬁlm in size of type not less than ﬁfty percent (50%) of the size in which the title of the production is
displayed or of the largest size in which credit is accorded to any other person, whichever is greater. No other credit shall
appear on the card which accords credit to the Executive Producer of the Program. Such credit shall be on the last title
card appearing prior to principal photography. After such copies are furnished, there can be no changes relating to the
term Executive Producer or any derivation thereof.
13. Visibility of Executive Producerʼs Name
Artist pledges to use its best efforts to improve the visibility of the Executive Producer's name in publicity.
In any formal publicity released by the Artist, whenever the name of the picture is mentioned, the name of the Executive
Producer, shall also be mentioned.
15. Alternative Medium Credit
The following paragraph is applicable to any medium which the Artist distributes or licenses for distribution. The
Executive Producer shall be given credit on all medium articles identiﬁed with the production hereunder or the container
thereof, if credit is accorded to any other person who rendered services or performed in connection with the production.
16. Distribution and Licensing Agreements
Artist shall provide in any contract with any and all distributors that the distributor shall be bound for the beneﬁt of the
Employees and the director to all of the provisions of the BA and the individual employment agreements relating to credit.
The Producer shall not be held responsible to Executive Producer for breach of contract by the distributor.
17. Assumption of Obligations
Artist shall speciﬁcally contract with its distributors and the television networks that they shall not cut, edit, move or omit
the credit of the Director as placed by the Employer on the positive prints.
(a) Artist shall indemnify and save harmless New Media Nation, its assigns and licensees from and against any and all
losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or
out of the Producer’s breach of any representation and warranty.
Page 3 of 4
(a) Any notice required or permitted to be given hereunder shall be in writing and shall be deemed given (i) when delivered
personally to any ofﬁcer of the party being notiﬁed; or (ii) on the third business day after being sent by registered or
certiﬁed mail, postage prepaid, facsimile telecopier, to predetermined addresses.
20. Force Majeure
(a) Neither party hereto shall be responsible for any losses or damages to the other occasioned by delays in the
performance or non-performance of any of said party’s obligations when caused by Acts of God, strike, acts of war,
inability of supplies or material or labor or any other cause beyond the reasonable control of the said party.
(a) In the event any portion of this Agreement is deemed to be invalid or unenforceable, such portion shall be deemed
severed and the parties agree that the remaining portions of this Agreement shall remain in full force and effect.
(a) Neither party may assign or otherwise transfer this Agreement without the written consent of the other party. This
Agreement shall ensure to the beneﬁt of and bind the parties hereto and their respective legal representatives,
successors and assigns.
(a) All logistical and ﬁnancial terms with respect to this Agreement shall be treated by the Parties as strictly conﬁdential
other than as may be disclosed by either Party to accountants and lawyers giving advice to the Parties, or in the course
of enforcement of any provision hereof.
24. Governing Law
(a) This Agreement shall be governed by and construed in accordance with the laws of the state of California in the
country of the United States. As either parties option, any controversy or claim arising out of or relating to this contract or
the breach thereof (except for an action for injunctive relief) may be resolved by arbitration held in Los Angeles County,
State of California, in accordance with the Rules of the American Arbitration Association in effect at the time the
arbitration is initiated, and judgment upon the award rendered by the arbitrators may be entered in any court jurisdiction
25. Entire Agreement
(a)This Agreement, including the recitals and Schedules, sets forth the entire agreement between the parties with respect
to the subject matter hereof and the Agreement shall be amended only by a writing signed by the parties.
(a) This Agreement may be executed in counterparts in the same form and such parts so executed shall together form
one original document and be read and construed as if one copy of the Agreement had been executed.
IN WITNESS WHEREOF the parties hereto have executed this Agreement effective this _________
Authorized Signatory Authorized Signatory
New Media Nation This is where your name goes
Page 4 of 4