Professional Movie Theater Film Distribution Agreement
Professional Movie Theater Film Distribution Agreement
This Film Distribution Agreement (“Agreement”) is made and entered into as of the [Date], 2050, by and between [Your Company Name], a company organized and existing under the laws of [State/Country], with its principal place of business at [Your Company Address] (“Distributor”), and [Film Production Company Name], a company organized and existing under the laws of [State/Country], with its principal place of business at [Film Production Company Address] (“Producer”).
WHEREAS, the Distributor desires to obtain the right to distribute the film produced by the Producer as described herein; and
WHEREAS, the Producer agrees to grant such distribution rights to the Distributor on the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Grant of Rights
1.1 Grant of Distribution Rights
The Producer hereby grants to the Distributor the exclusive right to distribute, exhibit, and otherwise exploit the film titled [Film Title] (the “Film”) in the following territories: [List of Territories] (the “Territory”).
1.2 Term of Rights
The rights granted under this Agreement shall commence on [Start Date], 2050, and shall continue for a period of [number] years, unless terminated earlier in accordance with the provisions of this Agreement.
1.3 Media
The distribution rights granted to the Distributor shall include all media now known or hereafter devised, including but not limited to theatrical, non-theatrical, home video, digital, and broadcast.
2. Distribution Obligations
2.1 Release Schedule
The Distributor agrees to release the Film in the Territory according to the following schedule:
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Theatrical Release: [Date]
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Home Video Release: [Date]
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Digital Release: [Date]
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Broadcast Release: [Date]
2.2 Marketing and Promotion
The Distributor shall use its best efforts to market and promote the Film in the Territory. This includes, but is not limited to, advertising, public relations, and promotional events. The Distributor shall provide the Producer with a marketing plan for approval prior to implementation.
2.3 Reporting
The Distributor shall provide the Producer with quarterly reports detailing the distribution activities, revenue generated, and expenses incurred. The reports shall be due within 30 days of the end of each quarter.
2.4 Minimum Release Commitment
The Distributor agrees to release the Film in at least [number] theaters in the Territory during the initial theatrical release.
3. Compensation
3.1 Revenue Share
In consideration for the distribution rights granted, the Distributor agrees to pay the Producer [percentage]% of the gross revenue generated from the distribution of the Film in the Territory.
3.2 Payment Terms
The Distributor shall pay the Producer their share of the revenue on a quarterly basis. Payments shall be made within 30 days of the end of each quarter, accompanied by a detailed accounting statement.
3.3 Expenses
The Distributor shall be responsible for all expenses related to the distribution and marketing of the Film, including but not limited to advertising, shipping, and administrative costs.
4. Delivery of Materials
4.1 Delivery Schedule
The Producer agrees to deliver the following materials to the Distributor by [Delivery Date]:
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Master print of the Film
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Trailer and promotional clips
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High-resolution images and artwork
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Press kit and promotional materials
4.2 Technical Specifications
All materials delivered by the Producer shall meet the technical specifications provided by the Distributor. The Producer shall be responsible for any costs associated with reformatting or correcting materials that do not meet these specifications.
4.3 Replacement Materials
If any delivered materials are found to be defective or unusable, the Producer shall promptly provide replacements at no additional cost to the Distributor.
5. Intellectual Property
5.1 Ownership
The Producer retains all rights, title, and interest in and to the Film, including all intellectual property rights. The Distributor is granted a license to use these rights solely for the purposes of distributing the Film as specified in this Agreement.
5.2 Trademarks and Logos
The Distributor is granted the right to use the Producer’s trademarks, logos, and other branding materials in connection with the marketing and promotion of the Film.
5.3 Copyright Notice
The Distributor shall ensure that all copies of the Film and related promotional materials include the appropriate copyright notice as provided by the Producer.
6. Representations and Warranties
6.1 By the Producer
The Producer represents and warrants that:
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They have the right and authority to enter into this Agreement and grant the distribution rights.
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The Film does not infringe upon the intellectual property rights of any third party.
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The Film has been produced in compliance with all applicable laws and regulations.
6.2 By the Distributor
The Distributor represents and warrants that:
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They have the right and authority to enter into this Agreement and distribute the Film.
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They will perform the distribution services in a professional and workmanlike manner.
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They will comply with all applicable laws and regulations in the distribution of the Film.
7. Indemnification
7.1 By the Producer
The Producer agrees to indemnify, defend, and hold harmless the Distributor, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Producer’s breach of this Agreement or the distribution of the Film.
7.2 By the Distributor
The Distributor agrees to indemnify, defend, and hold harmless the Producer from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Distributor’s breach of this Agreement or the marketing and distribution of the Film.
8. Limitation of Liability
8.1 No Consequential Damages
In no event shall either party be liable to the other for any indirect, incidental, consequential, or punitive damages arising out of or in connection with this Agreement.
8.2 Cap on Liability
The total liability of either party for any claims arising out of or in connection with this Agreement shall not exceed the total amount of compensation paid by the Distributor to the Producer under this Agreement.
9. Term and Termination
9.1 Term
This Agreement shall commence on [Start Date], 2050, and shall continue until [End Date], 2050, unless terminated earlier in accordance with the provisions of this Agreement.
9.2 Termination for Convenience
Either party may terminate this Agreement for any reason upon [number] days’ written notice to the other party.
9.3 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any term of this Agreement and fails to cure such breach within [number] days after receiving written notice of the breach.
9.4 Effect of Termination
Upon termination of this Agreement, the Distributor shall cease all distribution activities and return all materials related to the Film to the Producer. The Producer shall pay the Distributor for any outstanding revenue share due up to the date of termination.
10. Confidentiality
10.1 Confidential Information
The parties acknowledge that during the term of this Agreement, they may have access to confidential and proprietary information of the other party (“Confidential Information”). Each party agrees to maintain the confidentiality of all such information and not to disclose it to any third party without the prior written consent of the other party.
10.2 Non-Disclosure
The parties agree not to use any Confidential Information for their own benefit or for the benefit of any third party, except as necessary to perform their obligations under this Agreement. The parties shall take all reasonable measures to protect the confidentiality of the Confidential Information.
10.3 Return of Materials
Upon termination of this Agreement, each party agrees to return to the other party all materials containing Confidential Information and to destroy any copies in their possession.
11. Governing Law and Dispute Resolution
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.
11.2 Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, the dispute shall be submitted to binding arbitration in accordance with the rules of the [Arbitration Association]. The arbitration shall take place in [City, State/Country], and the decision of the arbitrator shall be final and binding.
12. Miscellaneous
12.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether written or oral.
12.2 Amendments
This Agreement may be amended or modified only by a written agreement signed by both parties.
12.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.4 Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.5 Notices
Any notices required or permitted under this Agreement shall be in writing and shall be deemed to have been given when delivered personally, sent by certified mail, or sent by a recognized overnight courier service to the addresses specified below:
To the Distributor: [Your Company Name]
[Your Company Address]
[City, State, Zip Code]
[Your Company Email]
To the Producer: [Producer’s Name]
[Producer’s Address]
[City, State, Zip Code]
[Email Address]
12.6 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, and labor disputes.
12.7 Assignment
The Producer may not assign or delegate any of their rights or obligations under this Agreement without the prior written consent of the Distributor. The Distributor may assign this Agreement to any successor or affiliate.
12.8 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but 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.
[Your Company Name]
By:
Name: [Your Name]
Title: [Your Title]
[Producer’s Name]
By:
Name: [Producer’s Name]
Title: [Producer’s Title]
