ࡱ> y{x {Bbjbj>> pTT6 ! !>!"( #$.#.#.#P~#l#L.#fG6$:p$(%(%(%\&2(z)xFFFFFFF$&IK G !)f\&\&X*D*$ G ! !(%(%4 G000* !(% !(%Fd0)F001@mB(% gR{+@mF6G0fG A`Ll,L,mBLR"mB0))) G GD.)))fG))))L))))))))) : Dated  FORMTEXT    CREATEDATE \@ "yyyy" \* MERGEFORMAT 2091ý [insert name of film company]Agreement for Production Services in respect of [insert title of film] THIS AGREEMENT is made on  CREATEDATE \@ "yyyy" \* MERGEFORMAT 201[ ] BETWEEN 91ý of Northcote House, The Queens Drive, 91ý, (hereinafter called the University) [insert name of company] of [insert address ] (hereinafter called the Producer) WHEREAS The University wishes to make and exploit a motion picture film based upon [insert details or title of film] and the Producer has agreed to make and produce the Film for the University upon the terms and conditions set out below. IT IS AGREED as follows:- INTERPRETATION In this Agreement the following words shall have the following meanings: the Budget shall mean the Budget annexed hereto as Schedule 1 as amended from time to time. Costs shall mean all taxes, fees, costs and expenses paid or incurred by the University whatsoever in respect of the Film. the Film shall mean a documentary motion picture about [insert description of film] with a running time to be agreed. the Production Schedule shall mean the agreed production schedule for the Film attached hereto as Schedule 2 as amended from time to time. the Property shall mean any University owned or controlled real property that the Producer requires access to in order to make and produce the Film. PRODUCTION SERVICES The Producer shall, with others, and to the extent of its ability and control in the ordinary course of business: produce the Film to a first class standard in accordance with the Production Schedule subject to the University complying with its obligations hereunder. assist in making all arrangements, perform all duties and provide all services and equipment required for the production of the Film in accordance with the Budget. produce the Film in accordance with all relevant statutes, laws, enactments, regulations, codes, statutory rules, orders or other instruments, including rules and regulations of the relevant trade unions. BUDGET The Producer shall produce, with others, the film in accordance with the Budget and Schedule. The University shall pay for the items listed in the Budget upon receipt of valid invoices. The Producer shall not incur any liability upon the Universitys behalf nor hold itself out as being entitled to do so other than with respect to those costs relating to the production of the Film as are set out in the Budget. The Producer shall not incur any costs in excess of the Budget without the Universitys prior written consent. APPROVAL The University shall have final editorial approval of all aspects of the Film in its absolute discretion. The Universitys viewing approval and consultation rights under this Agreement shall be exercised on the Universitys behalf by [insert name of person who will give approval]. INSURANCE The Producer shall organise the purchase from underwriters reasonably deemed fit by the Producer and approved by the University appropriate insurance including to a minimum value of [insert amount] without limitation public liability, negative, equipment and film producers indemnity insurance. OWNERSHIP The Producer hereby grants and assigns to the University absolutely: (a) the entire copyright throughout the world in all media whether now known or hereafter developed for the full period of copyright and all renewals, revivals, reversions and extensions thereof (and thereafter, in so far as it is able, in perpetuity) including so called rental and lending rights and, to the extent relevant, by way of present assignment of future copyright; and (b) all other rights whatsoever including all consents under Part II of the Copyright, Designs and Patents Act 1988 or any statutory modification or re-enactment thereof for the time being in force (CDPA) in the Film, and the Producer hereby agrees to procure the giving of similar consents from all persons engaged or employed by the Producer and whose performances or intellectual property rights are incorporated in the Film, to enable the University to make the fullest use of the Film without restriction or payment of further fees. The Producer recognises that the University has the unlimited right to edit, copy, alter, add to, take from, adapt and translate all or any of the Film after delivery by the Producer and hereby irrevocably and unconditionally waives the benefits of any provision of law relating to so-called "moral rights" (including without limitation any rights of the Producer under section 77 to section 85 inclusive of the CDPA) and any similar laws of any jurisdiction in relation to the Film. The Producer further agrees to procure the waiver of all such rights in favour of the University and its successors in title by all persons engaged or employed by the Producer and who contribute to the Film and to whom such rights may accrue. The Producer shall not have any right to exploit the Film. NAME AND LIKENESS RIGHTS The University shall have the right to use the name and/or pre-approved likeness of [INSERT] for purposes only of advertising, promotion and publicity for the exploitation of the Film. CREDIT The Producer shall incorporate a credit for [INSERT] in the end titles of the Film, subject to the Universitys final approval. REMUNERATION In consideration of the services provided by the Producer hereunder, the University shall pay the Costs to the Producer in accordance with Schedule 1. WARRANTIES The Producer warrants and undertakes that:- the Film will be produced to a first class professional standard and shall be of first class technical quality in all respects; to the best of the Producers knowledge and belief the Film will not be subject to any claim, levy, charge or encumbrance on delivery thereof to the University; to the best of the Producers knowledge and belief, nothing will be included in the Film in breach of contract or be defamatory or obscene save that the Producer shall not be responsible or in any way liable under this Agreement in respect of anything included in the Film at the Universitys request. The Producer shall inform the University in writing as soon as possible if it considers that there is material in the Film which would otherwise constitute a breach of this sub-clause; it is free to enter into this agreement and make the grant of rights herein contained; subject to the University obtaining any necessary clearances and licences required, the University shall be at liberty to reproduce publish broadcast distribute sell lease license or otherwise exploit the Film throughout the world by any means and in any forms formats and media (whether now known or hereafter to be devised) as it shall in its absolute discretion determine in perpetuity without it having to make any further payments to the Producer or any third parties engaged by the Producer other than those provided for under this Agreement; the Film (save to the extent that it incorporates material made available to the Producer by the University) will be wholly original to the Producer and will not infringe the copyright or any other rights of any third party, including rights to privacy. The University hereby warrants and undertakes that it is free to enter into this Agreement and to engage the Producer to act as production company to produce the Film. INDEMNITY The Producer hereby indemnifies the University against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by any of them as a result of and/or arising from any breach or threatened breach of this Agreement by the Producer. The University hereby indemnifies the Producer against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by it as a result of any/or arising from any breach or threatened breach of this Agreement by the University. TERMINATION Each party shall be entitled to terminate this Agreement forthwith by written notice if: the other party commits any material breach of any of the provisions of this Agreement and, in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; the other party makes any voluntary or involuntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agreed to be bound by or assume the obligations imposed on the other party under this Agreement); anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party; or the other party ceases, or threatens to cease, to carry on business. CONSEQUENCES OF TERMINATION Upon termination of this Agreement by either party in accordance with clause 12, the Producer shall within five (5) business days of such termination deliver to the University all materials relating to the subject matter of this Agreement and all physical property acquired or created in connection with the provision of the services hereunder. Upon termination, the University shall within fourteen (14) days of the date of termination pay all production costs incurred by the Producer with respect to the production of the Film provided such costs are in accordance with the Budget. CONFIDENTIALITY Each party shall treat as strictly confidential the terms of this Agreement and all information obtained from the other, save where it is strictly necessary to disclose such to the relevant partys professional advisers acting in the normal course of their duties, or where information is in the public domain (other than due to a breach of this clause) or which is required to be disclosed by law. The obligations imposed under this clause 14 shall continue notwithstanding the termination of this Agreement howsoever caused. UNIVERSITY PROPERTY While on the Property, the Producer shall comply with all applicable operating procedures and all health, safety and security policies and regulations of which it is made aware (including, if so required, carrying out a risk assessment) and will only film individuals (whether employed by the University or not), members of the public and any other users of the Property who have given their express consent. The Producer will comply with all general estate management Regulations relating to the Property (which can be found on the Universitys website and signage) and will not damage or litter the Property and will immediately make good any damage caused to the Property. NOTICES All notices shall be in writing and may be served upon the party concerned by overnight courier addressed to the party at the address specified in this Agreement or such other address and/or addresses as the respective parties may from time to time designate by notice given in conformance with the above. The date following the date of delivery to such courier (charges having been prepaid) shall be deemed the date of service thereof. PRESS RELEASES The Producer shall consult with the University in respect of any press releases to be released in respect of the Film.  MISCELLANEOUS Clause headings in this Agreement do not form part of this Agreement and shall not affect its construction. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and in particular, but without limitation, sets out the Producer's full entitlement to remuneration hereunder and supersedes all prior agreements, negotiations and discussions between the parties relating thereto. Each of the parties confirms that it is not relying on any representation or warranty or commitment in entering into this Agreement save as expressly set out in it. This clause shall not, however, exclude liability for fraudulent mis-statement. The Producer acknowledges that in the event of any breach of any of the terms of this agreement by the University, the Producer's sole remedy shall be an action at law for damages and in no event shall it be entitled to rescind this agreement or receive any injunctive or other equitable relief which may affect the University's ability to exploit the Film. The Producer shall promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this Agreement, and shall use all reasonable endeavours to procure that any third parties shall also do so as necessary. The University shall reimburse the Producer for the reasonable costs properly incurred by it in complying with its obligations under this clause. If any part of this Agreement shall be found to be invalid due to the application of any English or EC law or legal principle then that invalid part will be deemed to be removed from this Agreement and the parties agree to use their best endeavours in good faith to achieve the same objective by lawful means. The Producer shall have the right to authorise others to do, carry out, or exercise any or all of the rights granted to it hereunder and/or its obligations hereunder (by way of assignment, licence, sub-licence or other authority) but it shall remain primarily liable for its obligations hereunder. The validity construction and effect of this Agreement and any or all modifications hereof shall be governed by the laws of England and any legal proceedings that may arise out of it are to be brought in the High Court of Justice in London. SIGNED for and on behalf of ) The University ) Signed for and on behalf of ) The Producer ) SCHEDULE 1 The Budget [Include details of budget] SCHEDULE 2 The Production Schedule [Include details of filming timetable, locations and other specific requirements for the film]      Title \* lower \* MERGEFORMAT lon_lib1\4210238\1  Createdate \@ "D MMMM YYYY" \* MERGEFORMAT 21 January 2015  Author \*lower \* MERGEFORMAT mohrinn FINAL  TITLE \* MERGEFORMAT LON_LIB1\4210238\1  Createdate \@ "DD MMMM YYYY" \* MERGEFORMAT 21 January 2015  Author \* MERGEFORMAT MOHRINN  PAGE \* MERGEFORMAT 8  TITLE \* MERGEFORMAT LON_LIB1\4210238\1  Createdate \@ "DD MMMM YYYY" \* MERGEFORMAT 21 January 2015  Author \* MERGEFORMAT MOHRINN Agreement should be dated on the last date of signature Ensure full details of all costing are included in Schedule 2. Ensure full details of film requirements, locations and the timings schedule are included in Schedule 2. Consider whether approval rights are required. 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