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CONSULTANT AGREEMENT - Form

This Consultant Agreement outlines the terms under which a Consultant will assist a Production Company in securing financing for a feature film. The Consultant will receive a commission based on the funds raised and may earn credit as a producer depending on the financing amount secured. The agreement also specifies the independent contractor relationship, confidentiality, and legal jurisdiction governing the contract.

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0% found this document useful (0 votes)
145 views3 pages

CONSULTANT AGREEMENT - Form

This Consultant Agreement outlines the terms under which a Consultant will assist a Production Company in securing financing for a feature film. The Consultant will receive a commission based on the funds raised and may earn credit as a producer depending on the financing amount secured. The agreement also specifies the independent contractor relationship, confidentiality, and legal jurisdiction governing the contract.

Uploaded by

Sean Murphy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CONSULTANT AGREEMENT

This Agreement is entered into as of January ___, 2010 by and between _______________, LLC,
with an address of _____________________ (“Production Company”) and
______________________, with an address of ______________________(“Consultant”) with respect
to the following facts:

A. Production Company owns, controls or otherwise has the right to produce a feature film
tentatively entitled “________________” (the “Picture”). It is understood and agreed that the
budget of the Picture is approximately U.S. $_________________.

B. Consultant is engaged in seeking financing for motion picture projects.

C. The parties want to enter an agreement whereby Consultant is encouraged to introduce


Production Company to third parties (herein referred to individually or collectively as the
“Financier(s)”), who may be interested in lending for, investing in, or in any other way
financing approximately U.S. $_____________________ (inclusive of so-called “soft monies”)
in connection with the production of the Picture.

D. For purposes of this Agreement, “Production Company” shall be deemed to include


____________________, LLC and its respective affiliates, subsidiaries and/or any related
entities.

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 Production Company (or any designee, assignee, transferee, or other successor-in-
interest of Production Company in or to the Picture, collectively referred to hereinafter as
“Production Company”) and an Financier(s), Consultant shall use his reasonable efforts,
on a non-exclusive basis, to introduce Production Company to parties who may be
interested in making an equity investment in the Picture. The foregoing period of time is
hereinafter referred to as the ``Term”.

a. Consultant will identify any prospective Financiers to Production Company prior


to submission of any material in connection with the Picture to such party. If
Production Company has previously submitted the Picture to any such party, or
otherwise has an existing relationship with such party, Production Company shall
promptly advise Consultant and Consultant will not proceed. If Production
Company does not so advise Consultant within 72 hours, Consultant will proceed
with such submission and each such submission shall be deemed a
commissionable submission hereunder.

2.COMPENSATION: If at any time during the Term or any time thereafter, Production
Company enters into an agreement(s) with any Financier(s) to invest in, lend for or
otherwise finance production and/or distribution of the Picture, then Consultant shall
receive the following:

a. An amount equal to __________ percent (____%) of the amount of any funds,


credits or any other consideration paid by Financier(s) to Production Company
pursuant to each such agreement (the “Amount(s)”), payable to Consultant
promptly upon Production Company’s right to release such funds, but in no event
later than the commencement of principal photography on the Picture.
3. CREDIT: In the event Consultant introduces Producer to Financier(s), and such
Financier(s) invest in, lend for or otherwise provide financing for the Picture: (i) in an
amount equal to thirty percent (30%) or more of the cash budget of the Picture, then
Consultant shall be accorded credit as a “Co-Executive Producer” on screen in the main
titles on a single or shared card; or (ii) in an amount equal to fifty percent (50%) or more
of the cash budget of the Picture, then Consultant shall be accorded credit as an
“Executive Producer” on screen in the main titles on a single or shared card; or in an
amount equal to seventy-five percent (75%) or more of the cash budget of the Picture,
then Consultant shall be accorded credit as an “Executive Producer” on screen in the
main titles on a single card and in paid ads in a manner no less favorable than any other
executive producers in connection with the Picture.

a. No casual or inadvertent failure to comply with the provisions of this clause, nor any
failure of any other person, firm or corporation to comply with its agreements with
Company relating to such credits, shall constitute a breach by Company of its
obligations under this clause. Company shall use reasonable efforts to prospectively
cure any such failure to accord credit to Writer upon written notice thereof.

4.NO OBLIGATION: Nothing in this Agreement shall obligate Consultant to obtain or to


attempt to obtain any Financier(s), nor shall anything in this Agreement obligate
Production Company to enter into an agreement with any Financier(s).

5. REIMBURSABLE EXPENSES: Consultant understands and agrees that Consultant shall


not be entitled to reimbursement of any expenses in connection with this Agreement unless
approved in writing, in advance by Producer.

6. NO SALE OF SECURITIES: Consultant agrees not to sell or offer to sell securities


related to investing in the development and/or production of the Picture. Consultant 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.

7.RELATIONSHIP OF PARTIES: Consultant is an independent contractor. Nothing herein


contained shall be construed to place Consultant and Production Company in the
relationship of principal and agent, master and servant, partners, joint venturers or
employer and employee, and neither party shall have, or expressly or by implication,
represent themselves as having, any authority to make contracts in the name of or binding
on the other, or to obligate or bind the other in any manner whatsoever.

8. PUBLICITY: Consultant shall not directly or indirectly circulate, publish or otherwise


disseminate any news story, article, book, or other publicity concerning the Picture, or
Consultant’s or others’ services without Producer’s prior written consent, such consent not
to be unreasonably withheld. Notwithstanding the foregoing, Consultant shall be permitted
to disclose solely to Financier(s) information and/or materials as furnished to Consultant by
Producer. All such materials shall be immediately returned to Producer upon the expiration
of the Term herein.

9. ADDITIONAL DOCUMENTS: Consultant agrees to execute and deliver any and all
additional papers, documents and other instruments and shall do any and all further acts and
things reasonably necessary in connection with the performance of its obligation hereunder to
carry out the intent of this Agreement.

10. ATTORNEYS' FEES: Each party hereto shall be responsible for their own attorneys’ fees
in all instances.
11. ENTIRE AGREEMENT/AMENDMENT: This Agreement constitutes the entire
agreement between the parties with reference to this matter, and supersedes all prior
agreements written or oral. This Agreement cannot be amended except by written
instrument signed by the parties.

12. GOVERNING LAW/JURISDICTION: This Agreement is made, and is to be construed


under the laws of the State of New York without regarding to conflict of law principles. In
the event that disputes arise such that Production Company believe that Consultant is in
breach of this Agreement, Consultant agrees to accept service of process to appear in any
legal proceeding pertaining to this agreement in New York, and if any such proceeding
requires notice to a party within the State of New York, then such Party agrees that written
notice to it at the above address. In the event of a breach by Production Company of any of
its obligations to Consultant or pursuant to statute law or common law, Consultant’s rights
and remedies shall be limited to rights (if any) to recover damages in an action at law, and
in no event shall Consultant be entitled by reason of any such breach to enjoin or restrain
the distribution, exhibition, broadcast, advertising or exploitation of the Picture or any of
the allied and ancillary rights connected with the Picture.

13. NO EQUITABLE RELIEF: In the event of a breach of this Agreement by Producer, the
rights and remedies of Consultant shall be limited to the right to recover monetary
damages, if any, in an action at law and in no event shall Consultant be entitled to enjoin or
restrain the distribution or exhibition of the Picture, or the use, publication, or
dissemination of any advertising issued in connection therewith and Consultant irrevocably
waives any right to equitable or injunctive relief.

14. ASSIGNMENT: Neither party shall be permitted to assign its rights and/or obligations
hereunder. This Agreement is binding upon and shall inure to the benefit of the respective
successors and assigns of the parties, except where rights of assignment are prohibited or
limited.

15. SEVERABILITY: If any provision of this Agreement shall be found invalid or


unenforceable, then such provision shall not invalidate or in any way affect the
enforceability of the remainder of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement at New York, New York, as of
the date set forth above.

AGREED TO AND ACCEPTED:

____________, LLC ____________

__________________________________ __________________________
By: By:
``Consultant”

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