DEFINITIVE RECORD, INC. • 17003 Ventura Blvd. Suite 200 • Encino, CA 91316
PRODUCER’S AUDIO/VISUAL AGREEMENT
(Please fill this out prior to shooting and email to firstname.lastname@example.org. Once it’s complete please send a signed copy with your tapes to: Infinite Loop Media, LLC Attn: Imagine It! 17003 Ventura Blvd. #200, Encino CA USA 91316) (see shippinginfo.pdf for shipping details)
This Agreement is entered into as of the LLC, (“ILM”) and NAME: ADDRESS: TELEPHONE: EMAIL: NAME FOR CREDIT PURPOSES: TERMS AND CONDITIONS 1. Rights - Media Content Producer hereby grants to ILM, its successors, assignees and licensees the following rights: 1.1 The irrevocable and perpetual non-exclusive right, but not the obligation, to use any or all media content provided by Media Content Producer as determined by ILM in any and all means, media, devices, processes and technology now known or hereafter devised (“Recordings”); 1.2 The right (but not the obligation) to generally edit, adapt, use and re-use the Recordings, and likeness, biographical information, interviews, portraits, pictures, and/or name, in and in connection with various audio and audio-visual programs to be produced by ILM (“Programs”), and/or any and all works derived in whole or in part from the Programs (“Derivative Works”), and in connection with the advertising, publicizing, packaging, labeling, promoting, exhibiting, distributing, selling and other exploitation of the Programs and/or the Derivative Works, in whole or in part, in any manner whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised, in perpetuity and throughout the universe, all in the discretion of ILM, its successors, assignees and licensees. 2. License Fee - ILM agrees to pay Media Content Producer a license fee for above rights equal to one-hundred ($100) US dollars per minute (fractions thereof will be pro-rated) for any content included in Program or Derivative Works. Credit - Whenever appropriate, ILM will make a best effort to provide credit to Media Content Producer. However, ILM is not obligated to provide such credit and any credit, if given, shall be at Company’s discretion. Copies of Completed Program - If Media Content Producer’s content is utilized in the Program, ILM agrees to supply Media Content Producer with one (1) DVD copy of the finished production should Media Content Producer request such material.
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2007, between Infinite Loop Media, (“Media Content Producer”).
DEFINITIVE RECORD, INC. • 17003 Ventura Blvd. Suite 200 • Encino, CA 91316 5. Tape Stock – ILM agrees to provide Media Content Producer with an equal amount of tape stock similar in format and quality to that which Media Content Producer ships to ILM. Shipping – ILM agrees to pay or reimburse Media Content Producer for all shipping costs related to content sent to ILM by Media Content Producer provided shipping method is preapproved by ILM. Talent Releases – Media Content Producer agrees to provide ILM with authorized/signed Talent Releases for any and all persons appearing in content provided by Media Content Producer. Should releases not be provided, ILM will be unable to utilize content and will not be obligated to cover shipping costs. Waiver - Media Content Producer hereby waives and releases ILM, and its successors, assigns and licensees from any and all claims and demands arising out of or in connection with the Recordings, the Programs, the Derivative Works and/or any other use of the rights granted in this Release, including without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, and any other personal and/or property rights, and agree that any member of the Media Content Producer shall not now or in the future assert or maintain any such claim against ILM, its successors, assignees and/or licensees. This letter agreement is an arm’s length agreement between independent parties, and no partnership, joint venture, employment, agency, joint authorship, fiduciary or other relationship is created between ILM, on one side, Media Content Producer, on the other side. By way of example only, and without limiting the foregoing, Media Content Producer acknowledges and agrees that they are acquiring no rights of any kind whatsoever in and to the Program or Derivative Works, and/or the Project under this letter agreement, all of which rights are expressly reserved by ILM, and no amounts are payable to Media Content Producer except as expressly provided in this letter agreement. Arbitration. To the maximum extent permitted by applicable law, if any dispute shall arise between the parties regarding this letter agreement, such disputes shall be referred to confidential binding arbitration in Los Angeles, California, by arbitrator(s) and pursuant to rules of arbitration subject to the mutual agreement of the parties. If the parties cannot agree on the arbitrator(s) and/or the rules of arbitration, arbitration may be compelled by petition to any court of competent jurisdiction in Los Angeles, California. Any arbitration award shall be rendered in writing and may be entered and shall be fully enforceable as a judgment in any court of competent jurisdiction. Entire Agreement. This letter agreement is the entire agreement of the parties and may not be amended or modified, and no right under this letter agreement may be waived, except in a written agreement signed by both parties.
Media Content Producer understands that ILM has been induced to proceed with the production, distribution and exploitation of the Programs and/or the Derivative Works in reliance upon this agreement. Please counter-sign where indicated below to confirm the agreement of Media Content Producer to these terms. We look forward to working with you. Sincerely yours, Infinite Loop Media, LLC
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DEFINITIVE RECORD, INC. • 17003 Ventura Blvd. Suite 200 • Encino, CA 91316 _____________________________ By Rudiger Poe Agreed and confirmed: Media Content Producer Authorized Representative:
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