QUOTE(Mon-Oh No @ Aug 3 2006, 06:37 PM) [snapback]368690[/snapback]
Yeah, doesn't ANYONE have a copy of the release?!
*raises hand*
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PAGE 1 of 2\par
\pard\qc Michael Moody\par
245 W. Colorado Blvd. # 9B\par
Arcadia CA. 91007\par
\pard\par
THIS CONTENT LICENSE AND DISTRIBUTION AGREEMENT (the \ldblquote
Agreement\rdblquote ) is entered into as of this _________ of April, 2006 (the
\ldblquote Effective Date\rdblquote ), by and between LICENSEE, with
his principal office located at 245 W. Colorado Blvd. # 9B Arcadia CA.
91007 ("LICENSEE\ldblquote ) and __________________________("PROVIDER"),
its principal office located
at__________________________________.\line\par
1) In consideration of the fee, the receipt of which is hereby
acknowledged by the provider, the provider hereby grants LICENSEE, its
successors, licensees and assigns the non-exclusive license to edit, reproduce
and incorporate any element of the footage in the production and any
publicity for or promotion of the Program(s). Accordingly, LICENSEE shall
be entitled for the license period to authorize the number of
productions of the program including footage in the territory.\par
\par
a) The footage submitted will be used in a DVD box set, Pay Per View
Productions, film festival theatre releases, theatre distribution, and
possible internet distribution and mobile phone video
distribution.\line\line 2) The provider represents and warrants to LICENSEE
that:\line\line a) The provider is the owner of all those rights in the footage
assigned to LICENSEE under this agreement and that all required rights
(including equitable and moral rights, waivers and consents) in respect of
same have been obtained.\line\line b) The provider has the right to
enter into and perform this agreement\line\line c) LICENSEE shall not be
liable for any payments to any third party for the exploitation of the
rights to the footage licensed to LICENSEE under this
agreement.\line\line d) Nothing in the footage infringes the copyright or other rights of
any third party or is defamatory.\line\line e) There are no claims
proceedings or litigation in respect of the footage which may in any way
diminish or infringe upon the rights to the footage licensed to LICENSEE
under this agreement.\line\line f) The provider states that any and all
individuals under the age of 18 that are included in any and all
videos, films, photographs and/or recordings that have been submitted by
myself or another active or inactive member of our organization to
LICENSEE, has had their parent and/or guardian directly give me permission to
represent them and sign this contract to legally release any and all
personal rights to these examples of their child and/or foster child in
any and all submitted videos, films, photographs and/or recordings that
have been submitted to LICENSEE.\line\line 3) The provider shall
indemnify and save LICENSEE harmless from any costs, actions, damages,
expenses incurred by LICENSEE by reason of any incorrectness in or breach of
the representations and warranties of the provider set out in clause
2.\line\line 4) Providers will receive their chosen \ldblquote stunt group
name\rdblquote and \ldblquote website url\rdblquote plugged in the
DVD. The super for this will fall and be seen during that providers video
being shown in the production. Not the credits. \line\line 5) Licensee
will allocate 30% of gross revenue from the production to content
providers involved. Amount payable to each provider will be determined by
the amount of time the group is featured in the production. Whereas one
providers content covers 10% of the total DVD running time, that
provider will receive 10% of the total allocated gross revenue to providers.
Eg: Total gross revenue being USD$10,000\'85 Total gross revenue
allocated to content providers would be USD $3,000. Therefore, the provider
who\rquote s content made up 10% of running time would receive USD
$300\line\line 6) Audits. During the Term and for at least two years after
the Term, LICENSEE will maintain accurate books and records that report
the sales of each Product. LICENSOR shall have the right to designate an
independent certified public accountant on LICENSOR'S behalf (who shall
not be compensated on a contingent fee basis), at LICENSOR'S own
expense, to examine those books and records solely for the purpose of
verifying the accuracy of Royalty Statements rendered by LICENSEE hereunder.
LICENSOR'S accountant may only make such examination during regular
business hours and upon reasonable notice and in a manner that is not
unreasonably disruptive to LICENSEE'S business. Each examination will take
place at the place LICENSEE normally keeps the books and records to be
examined. LICENSOR shall be limited to one (1) such examination each
twelve (6) months while the applicable Product is being commercially
exploited by LICENSEE. LICENSOR acknowledges that LICENSEE claims that
LICENSEE'S books and records contain confidential trade secret information.
Neither LICENSOR nor LICENSOR'S independent certified public accountant
or other representatives shall communicate at any time or use on behalf
of any other person, firm or corporation other than representatives of
LICENSOR any facts or information obtained as a result of any such
examination of LICENSEE\rquote S books and records. Further, prior to the
commencement of any examination of LICENSEE\rquote S books and records
in accordance with the provisions of this Section, LICENSOR shall cause
the independent certified public accountant engaged by LICENSOR to sign
a letter and/or agreement in a form approved by LICENSEE which
acknowledges his or her agreement (and the agreement of his or her firm) to be
bound by the foregoing. LICENSOR shall furnish LICENSEE with a copy of
the written report of the auditor. LICENSOR must initiate any claim
based on such audit within six months after completion of the audit. The
rights granted to LICENSOR in this Section shall constitute LICENSOR'S
sole and exclusive right to examine LICENSEE'S books and records.
\line\line 7) This document may be faxed or photocopied and sent to a third
party for our protection. In case the original document is lost, stolen,
confiscated by any person for any reason, I hereby state that any copy
or facsimile shall then serve as an original and as evidence of my
agreement herein stated. \line\line FOR AND ON BEHALF OF LICENSOR
\line\line Name Printed:______________________________
Signature:______________________________ Date:___________ \line\par
Description of
Footage:___________________________________________________________________________________\par
\line Address:\line\par
\line Email:\line Phone:\line Fax:\fs18\par
\par
\ul\fs16 ONLY LICENSOR WRITES BENEATH THIS LINE\ulnone\par
\par
FOR AND ON BEHALF OF LICENSEE \line\line Name
Printed:______________________________ Signature:______________________________
Date:___________ \fs18\par
\b0\par
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