This Writer Employment Agreement is between a producer and a writer who will perform writing services for a motion picture. This agreement sets out the title of the motion picture, when the work should be completed and writer\’s compensation. This Writer Employment Agreement also sets out producer\’s rights to use writer\’s name and likeness for publicity purposes.
WRITER EMPLOYMENT AGREEMENT
THIS WRITER EMPLOYMENT AGREEMENT (the “Agreement”) made and entered into as of this ____ day of ________________, 20____ by and between _____________________________ of ___________________________________ ________________________ (the "Producer") and _______________________________________ of ___________________________________ _ (the "Writer").
The parties agree as follows:
Producer hereby employs the Writer to perform certain writing services for the Motion Picture entitled _____________________________________________ based on ______________________________________________________ (the “Work”). Writer hereby accepts such engagement upon the terms contained in this Agreement.
Writer agrees to complete and deliver the Work, including any changes and revisions as requested by Producer as follows: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
Standard of Performance
The Writer shall render the services hereunder in a diligent, conscientious, and efficient manner. Writer shall devote its entire time and attention to the Work. Writer shall use best talents and abilities to the services to be rendered under this Agreement.
Writer shall render the services hereunder in a manner as Producer may reasonably direct, instruct or suggest.
Subject to Writer's full performance of all its obligations hereunder, Producer will pay Writer as full compensation for all services rendered and rights granted as follows:
Producer shall solely and exclusively worldwide and perpetual rights of every kind and nature in the Work, and all of the results and proceeds thereof together with the "moral rights of authors." Writer hereby acknowledges that the Work is being written by Writer as a "work made for hire" within the scope of Writer's employment by Producer, and, therefore, Producer shall be the author and copyright owner of the Work.
Name and Likeness
Producer shall have the exclusive right to use Writer's name, sobriquet, photograph, likeness, voice and or caricature (collectively “Name & Likeness”). Producer shall have the right to use the Name & Likeness in connection with the advertising, publicizing, exhibition, and/or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity.
Warranties and Representations
Writer warrants and represents that the Work shall be wholly original to Writer, except any material inserted by Writer pursuant to specific instructions of Producer. Writer further warrants that the Work shall not infringe upon or violate the rights of privacy or publicity of, or constitute a libel or slander against, or violate any common law or any other rights of, any person, firm or corporation.
Writer shall indemnify Producer and its licensees and assigns and officers, agents and employees, from all liabilities, actions, suits or other claims arising out of any breach by Writer of its warranties and representations and out of the use by Producer of the Work. The foregoing shall apply only to material created or furnished by Writer, and shall not extend to changes or additions made therein by Producer, or to claims for defamation or invasion of the privacy of any person unless Writer knowingly uses the name or personality of such person or should have known, in the exercise of reasonable prudence, that such person would or might claim that such person's personality was used in the Work.
Producer shall indemnify Writer to the same extent that Writer indemnifies Producer hereunder, as to any material supplied by Producer to Writer for incorporation into the Work.
The term "force majeure" shall mean epidemic, act of God, strike, lockout, labor condition, unavailability of materials, transportation, power or other commodity, delay of common carrier, civil disturbance, riot, war or armed conflict whether or not there has been an official declaration of war, the enactment of any law, the issuance of any executive or judicial order or decree, breach of contract by, or disability of, the Producer, Director, other principal cast member, breach of contract by a financier or completion guarantor, or other similar occurrence beyond the control of Producer, which causes an interruption of or materially hampers or materially interferes with the production of the Picture.
Any controversy or claim arising out of or relating to this agreement or any breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association; and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for costs and reasonable attorney's fees. The determination of the arbitrator in such proceeding shall be final, binding and non-appealable. In the event of any breach by the Producer of this Agreement, the Writer shall be limited to the Writer's remedy at law for damages, if any, and shall not have the right to terminate or rescind this Agreement or to enjoin or restrain in any way the production, distribution, advertising or exploitation of the Picture.
Writer shall have the right to assign this Agreement and any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, and nothing contained herein shall imply anything to the contrary. Producer shall not be entitled to assign Producer's rights or obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
AGREED TO AND ACCEPTED: