Simple Movie Theater Business Agreement
Simple Movie Theater Business Agreement
This Movie Theater Business Agreement (“Agreement”) is made and entered into on this [Date], by and between [Your Company Name], a movie theater company, with its principal place of business located at [Your Company Address], hereinafter referred to as "Company," and [Other Party's Name], with its principal place of business located at [Address], hereinafter referred to as "Partner." The Company and the Partner may be individually referred to as "Party" or collectively as "Parties."
I. Recitals
WHEREAS, the Company is engaged in the business of operating movie theaters;
WHEREAS, the Partner is engaged in the business of film production and distribution company;
WHEREAS, the Company and the Partner desire to enter into a business relationship to collaborate on launching a joint film festival, under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
II. Scope of Agreement
A. Purpose: The purpose of this Agreement is to establish the terms and conditions under which the Parties will collaborate on launching a joint film festival.
B. Responsibilities of the Company: The Company agrees to provide the following:
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Access to its movie theater facilities located at [Your Company Address].
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Marketing and promotional support for launching a joint film festival.
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Operational support, including staffing, ticketing, and concessions.
C. Responsibilities of the Partner: The Partner agrees to provide the following:
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Financial investment or resources as outlined in Section III.
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Marketing and promotional support for launching a joint film festival.
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Expertise and advisory services related to film production and distribution company.
III. Financial Terms
A. Investment: The Partner agrees to invest the amount of $[Amount] into the launching of a joint film festival. This investment will be used for renovations, marketing, and equipment purchases.
B. Revenue Sharing: The Parties agree to share the net revenue generated from launching a joint film festival as follows:
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[Percentage]% to the Company.
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[Percentage]% to the Partner.
C. Expenses: Any expenses incurred in the execution of launching a joint film festival will be shared as follows:
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[Percentage]% by the Company.
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[Percentage]% by the Partner.
D. Payment Terms: All payments between the Parties shall be made on a [monthly/quarterly] basis. Payments are due within [Number] days of receipt of the invoice.
IV. Term and Termination
A. Term: This Agreement shall commence on [Effective Date] and shall continue in effect for a period of [Number] years unless earlier terminated in accordance with this Section IV.
B. Termination for Convenience: Either Party may terminate this Agreement for any reason upon [Number] days written notice to the other Party.
C. Termination for Cause: Either Party may terminate this Agreement immediately upon written notice to the other Party in the event of a material breach of this Agreement by the other Party, provided that such breach is not cured within [Number] days of receipt of notice of such breach.
D. Effect of Termination: Upon termination of this Agreement, each Party shall promptly return to the other Party all property and confidential information of the other Party. The financial obligations and revenue-sharing arrangements set forth in Section III shall survive termination until all obligations are satisfied.
V. Confidentiality
A. Confidential Information: For purposes of this Agreement, "Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to research, products, software, services, customers, markets, inventions, processes, designs, drawings, engineering, marketing, or finances, which is designated in writing to be confidential or proprietary, or if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary.
B. Obligations: Each Party agrees to take all reasonable steps to protect the other Party's Confidential Information and to not disclose or use such Confidential Information for any purpose except as necessary to fulfill its obligations under this Agreement.
C. Exclusions: Confidential Information does not include information that (a) is or becomes publicly known through no wrongful act of the receiving Party; (b) is rightfully received from a third party without breach of any obligation of confidentiality; (c) is independently developed by the receiving Party; or (d) is disclosed with the prior written approval of the disclosing Party.
VI. Intellectual Property
A. Ownership: Each Party retains ownership of its pre-existing intellectual property. Any new intellectual property developed jointly by the Parties in the performance of this Agreement shall be jointly owned by the Parties.
B. Licenses: The Company grants the Partner a non-exclusive, non-transferable, royalty-free license to use the Company's trademarks, logos, and other intellectual property solely for the purpose of marketing and promoting a launching of a joint film festival. The Partner grants the Company a similar license to use the Partner's trademarks, logos, and other intellectual property for the same purpose.
VII. Indemnification
A. Indemnification by the Company: The Company agrees to indemnify, defend, and hold harmless the Partner, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) the Company's breach of this Agreement; (b) the Company's negligence or willful misconduct; or (c) any third-party claim alleging that the Company's intellectual property infringes any third-party rights.
B. Indemnification by the Partner: The Partner agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) the Partner's breach of this Agreement; (b) the Partner's negligence or willful misconduct; or (c) any third-party claim alleging that the Partner's intellectual property infringes any third-party rights.
VIII. Miscellaneous
A. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
B. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the Parties. If the dispute cannot be resolved through negotiations, it shall be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association.
C. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to its subject matter.
D. Amendments: No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.
E. Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is to be enforced. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and no waiver shall be implied from any course of dealing between the Parties.
F. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
G. Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered in person, sent by overnight courier, or mailed by certified or registered mail, return receipt requested, to the addresses set forth above or to such other address as either Party may specify in writing.
H. Assignment: Neither Party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party, except that either Party may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
I. Relationship of the Parties: The Parties are independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between them. Neither Party has any authority to bind the other Party in any way.
J. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
COMPANY
[Your Name]
[Job Title]
[Your Company Name]
PARTNER
[Other Party's Name]
[Job Title]
