Construction Finders Fee Agreement

Document Sample
Construction Finders Fee Agreement Powered By Docstoc
					“All contracts and agreements are suggested boiler plates. They should not
be determined to be legal and binding without consulting an attorney for an

                                   FINDER AGREEMENT
 THIS AGREEMENT, made and entered into as of Date of the Agreement, by and between
John Doe (Finder) and ABCDEF Productions (Producer) with respect to the following facts:

A. Producer owns, controls or otherwise has the right to produce a screenplay tentatively
entitled MY SCREENPLAY PROJECT ("Picture") written by JANE DOE.

B. Finder is a company engaged in financing and distribution activities in the motion picture

C. The parties want to enter an agreement whereby Finder would be encouraged to
introduce Producer to third parties (herein collectively referred to as the "Financier" or
"Financiers"), who may be interested in lending for, investing in, or in any other way financing
all or a portion of development, production and/or distribution of the Picture.

WHEREFORE, for good and valuable consideration, the parties agree as follows:

1. SERVICES; TERM: Commencing on the date hereof, and continuing until the earlier of (a)
termination by either party of this Agreement, or (b) the concluding of an agreement between
Producer (or any designee, assignee, transferee, or other successor-in-interest of Producer in
or to the Screenplay and/or Picture, collectively referred to hereinafter as "Producer") and a
Financier, Finder shall use its best efforts to introduce Producer to parties who may be
interested in financing, investing or lending money with respect to the production of the
Picture or otherwise in becoming a Financier. The foregoing period of time is hereinafter
referred to as the "Term.".

2. COMPENSATION: If at any time during the Term or any time thereafter, Producer
enters into any agreement with any Financier (introduced to Producer by Finder) to invest in,
lend for, or finance production and/or distribution of the Picture, then Finder shall receive an
amount equal to five percent of the amount of any funds, credits or other consideration paid
or lent by Financiers to Producer and used by Producer in the development and Production
of the Picture, provided, that the amounts paid to Finder shall not exceed a total of Cap on
Finders Fee. Moreover, if Finder obtains ninety percent (90%) or more of the total financing
needed to produce the Picture, John Doe shall receive "Executive Producer" credit. Finder
shall receive his Commission when Producer has the right to use the amounts provided by
3. NO OBLIGATION: Nothing in this agreement shall obligate Producer to enter into an
agreement with any Financiers.

4. NO SALE OF SECURITIES: Finder agrees not to sell or offer to sell securities related to
investing in the development and/or production of the Picture. Finder agrees to indemnify and
hold Producer harmless from all damage and expense (including reasonable attorneys' fees)
upon a breach or claim of breach of this provision.

Page -2

5. RELATIONSHIP OF THE PARTIES: Finder is an independent contractor and shall not
act as an employee, agent or broker of Producer.


Finder represents and warrants to Producer that the following statements are true and correct
in all respects:

A. Finder is in the business of arranging financing and international distribution of motion
pictures, has substantial experience in said business, is not insolvent or in any danger of
insolvency or bankruptcy, and is not in dissolution proceedings.

B. Finder represents and warrants to Producer that Finder has the full and complete authority
to enter into this agreement, and that there is no outstanding claims or litigation pending
against Finder.

If Finder breaches any of its warranties and representations, or otherwise breaches this
agreement, Producer, in addition to its other equitable and legal remedies, may rescind this
agreement and recover any reasonable amounts expended by Producer in developing or
exploiting this property with Finder, and reasonable attorney fees. Finder shall at all times
indemnify and hold Producer, its licensees, assignees, officers, employees and agents
harmless against and from any and all claims, damages, liabilities, costs and expenses,
including reasonable attorney fees arising out of any breach or alleged breach by Finder of
any of representation, warranty or other provision hereof.

7. ADDITIONAL DOCUMENTS: Finder agrees to execute, acknowledge and deliver to
Producer and to procure the execution, acknowledgment and delivery to Producer of any
additional documents or instruments which Producer may reasonably require to fully
effectuate and carry out the intent and purposes of this agreement.

8. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement or
the validity, construction or performance of this Agreement or the breach thereof, shall be
resolved by arbitration according to the rules and procedures of the American Arbitration
Association, as they may be amended. Such rules and procedures are incorporated herein
and made a part of this Agreement by reference. The parties agree that they will abide by and
perform any award rendered in any such arbitration and that any court having jurisdiction may
issue a judgment based upon the award. Moreover, the prevailing party shall be entitled to
reimbursement of reasonable attorney fees and costs.

9. ASSIGNMENT: Finder shall not have the right to assign this agreement or any part

Page -3

10. SECTION HEADINGS: The headings of paragraphs, sections and other subdivisions of
this agreement are for convenient reference only. They shall not be used in any way to
govern, limit, modify, construe this agreement or any part or provision thereof or otherwise
be given any legal effect.

11. ENTIRE AGREEMENT: This agreement contains the full and complete understanding
and agreement between the parties with respect to the within subject matter, and supersedes
all other agreements between the parties whether written or oral relating thereto, and may not
be modified or amended except by written instrument executed by both of the parties hereto.
This agreement shall in all respects be subject to the laws of the State of What State
applicable to agreements executed and wholly performed within such State.



John Doe


ABCDEF Productions


Description: Construction Finders Fee Agreement document sample