Film Investment Contract – This film (film) Non-Disclosure Agreement (NDA) applies when sharing an original film concept, story or screenplay. The footage you want to protect must be classified information, which means it should only be disclosed to people who have a duty to keep it confidential. This NDA will be more difficult to enforce if you disclose the concept of the film without requiring confidentiality, such as for the cast or producers. There are three other requirements to protect a film concept: Your idea must be new and original. Your idea must be in demand and the purpose of publishing your idea is to generate income. If you wish to apply this NDA to another audio-visual format, please replace the media type (TV show, documentary, music video, etc.) with the term “film”.
SAMPLE FILM NON-DISCLOSURE AGREEMENT This FILM Disclosure Agreement (the “Agreement”) is entered into between _________________ (the “Disclosing Party”) and _________________ (the “Receiving Party”) and is effective on _________________. The parties agree as follows: 1. The Film Concept Disclosure Agreement is intended to prevent unauthorized disclosure of a party’s Confidential Information (as defined below) related to the Film Concept (the “Film Concept”). The parties acknowledged that the receiving party requested a film concept with the potential for financial exploitation. 2. Confidential Information “Confidential Information” is personal information related to the concept of the film, including but not limited to: storyboards, meeting minutes, summaries, scripts, stories, performances, financial analysis, marketing plans or other information provided in writing or by discussion. This is marked as confidential. (3) Without the written consent of the respective parties, the following shall not be disclosed: (1) Disclosure of confidential information to third parties; (ii) reproduce or authorize confidential information; (iii) commercial use of confidential information; The receiving party prohibits the disclosure of confidential information of officers, directors and employees. Analyzing and negotiating any contract or agreement with a party to a business relationship or disclosure. 4. Upon return of Film Materials, at the Disclosing Party’s request, the Receiving Party shall return all original materials provided by the Disclosing Party and all copies, annotations or other documents of the Receiving Party’s Film Concept or Confidential Information within 30 days. 5. EXCLUSIONS This Agreement does not apply to any information that: (i) is in the possession of or known to the receiving party and is not subject to a duty of confidentiality until disclosed by the disclosing party; (ii) through a source other than the recipient and, through no fault of the recipient, without the knowledge of the public; (iii) obtained by the Disclosing Party from a source other than the Disclosing Party or lawfully (iv) with the Disclosing Party’s prior written consent; 6. The term of this Agreement and the receiving party’s obligation to maintain confidentiality shall remain in effect until _________________ or, whichever occurs later: (1) the disclosing party sends the receiving party written notice of its release from this agreement or (b) information. Disclosure pursuant to this Agreement ceases to be confidential; 7. The Disclosing Party warrants that the Film Concept is original to the Disclosing Party and that the Disclosing Party has the right to disclose it in accordance with this Agreement. 8. WITHOUT ASSIGNMENT OF RIGHTS, THIS AGREEMENT DOES NOT CONSTITUTE A GRANT OR INTENTION OR OBLIGATION TO TRANSFER ANY CONFIDENTIAL INFORMATION TO OR TO THE RECIPIENT. 9. General Provisions (a) Relationship. Nothing in this Agreement constitutes a partnership, joint venture or collaboration of either party with the other party. (2) Weight. If a court finds any provision of this Agreement to be invalid or unenforceable, it will consider the remainder of this Agreement to give effect to the intent of the parties. (3) Synthesis. This Agreement constitutes the entire understanding of the parties hereto and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be modified except in writing signed by both parties. (4) Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of any prior or subsequent rights. (5) Attorney’s fees and costs. In any dispute arising out of or related to this Agreement, the other party shall be entitled to recover from the other party reasonable attorneys’ fees and costs and necessary expenses. (6) Governing Law. This Agreement is governed by the laws of _________________. (g) Successors and Assigns. This Agreement governs the successors, assigns and assigns of each party. The Receiving Party may not assign or transfer its rights and obligations under this Agreement without the prior written consent of the Disclosing Party. However, consent is not required for transfers or transfers: (1) to a transferee who owns more than 50% of the property; (ii) transfer all or substantially all of the property of the receiving party; An assignment or petition in violation of this section is void. Disclosing Party: _________________________________________________ (Signature) _____________________ (Typed or Typed Name) Name: ______________________ Date: ______________________ Receipt: _____________________________________________ (Signature) _____________________ (Typed or Typed Name) Name: ______________________ Date: ____________.
Film Investment Contract
As mentioned, if you’ve disclosed the concept of a film without a claim of confidentiality, such as actors, investors or producers, this NDA will be more difficult to enforce. There are three other requirements to protect a film concept: Your idea must be new and original. Your idea must be in demand and the purpose of publishing your idea is to generate income. If you wish to use this NDA for other audio-visual material, please replace the media type (TV show, documentary, music video) with “Film” and “Film Concept”.
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Fill in your name or company name (you are the disclosure party). Fill in the recipient’s name. This is an individual or company (for example, an investor or producer) who will evaluate your film concept. Finally, fill in the effective date of the agreement. This is usually the time when the last party signs the contract.
This clause defines the concept of the film which is the subject of the transaction between the parties. Because film ideas are difficult to defend, there are two types of statements that have been successfully used in arguments for this article: that the idea is solicited and that the placement is for compensation.
This section sets out what is protected from disclosure. Remember, if you provide documents, you must keep this information confidential. If information is shared, you must declare it confidential.
This clause expressly states that your trade secrets shall be kept confidential by the receiving party and shall not be disclosed to others without your written consent.
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The receiving party promises to return the material you provide. The contract gives the recipient 30 days to return the material, but you can change this time if you want.
This provision describes all information that is not included in the contract. These exclusions are based on court decisions and state trade secret laws that say such information is not eligible for trade secret protection.
This clause gives the recipient the end date of the contract. As long as the information is confidential, the agreement must continue. A year or two is common in the film industry, but six months is shorter.
In this clause, you will not transfer any proprietary or confidential information to any recipient of Movie Concept.
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Guaranteed Obligation. Here you warrant to the receiving party that the concept of the film is original and that you have the right to disclose the information. This is to assure the receiving party that the trade secrets belong to them and that the third party will not claim that you are not authorized to disclose them to the receiving party.
These disparate provisions (sometimes referred to as “boilers”) are usually bundled together at the end of the agreement.
(1) Relationship. Most agreements contain similar clauses that disclaim relationships other than those specified in the agreement.
(2) Weight. A termination clause states that if you sue the agreement and a court finds that part of the agreement is invalid, that part can be terminated and the rest of the agreement remains in effect.
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(3) Synthesis. The merger agreement confirms that the version you sign is the final version and that neither of you is relying on past statements.
(4) Waiver. This provision states that even if you do not file an NDA violation claim immediately, you have the right to file a lawsuit later.
(5) Attorney’s fees and costs. If you don’t add
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