Take a look at this Contract for me.

capitalP

capitalP

Veteran
This is an agreement this distribution company sent me. Just wanted to get a few eyes on it to get some opinions of any red flags. I changed the name of the company(THIS IS NOT A MIRAMAX CONTRACT).

I don't have an entertainment lawyer and I know none of you guys are lawyers but maybe some have dealt with distribution contracts before. And if I do decide to go with them, I plan on getting a lawyer just for safety(if I could afford one).
Representatives Agreement

This will act as an Agreement between Miramax Films, Inc. (herein known as "Miramax") and _______ (herein known as "_______"). Miramax agrees to act as a sales representative on behalf of _______ and the feature _______ .

Under this Agreement Miramax Films will represent the above mentioned features solely in the domestic (United States) and Canadian market areas video/DVD, VOD, SVOD, pay per view (residential and hotel), pay, basic cable, syndication and broadcast to those companies serving these "windows" of distribution.

Miramax Films will have the exclusive representative rights for three years commencing March 5, 2008 through March 4, 2011. Miramax Films will create the various "windows" which will give Miramax Films an adequate licensing and marketing period to sell the features. Any sales culminated but not yet paid as of the termination of this Agreement will be paid to the respective party irrespective of termination. This contract will automatically renew for another one year term unless either party notifies the other 30 days in advance of the termination date.

_______ will approve all deals before they are finalized. Miramax Films agrees to report to _______ any sales (agreements for distribution) which have occurred and agrees to forward all contracts or copies of all contracts.

All moneys will be paid to Miramax Films. Any moneys collected on behalf of _______ by Miramax Films will be paid to _______ by Miramax Films within 10 days. Miramax Films agrees to give a full accounting to _______ of those receipts.


_______ agrees to pay Miramax Films a commission of 25% on
_______'s share of its gross revenue from sales made by Miramax Films.





_______ will supply Miramax Films with an adequate number of screeners in order that Miramax Films will be able to solicit offers for the features.

_______ is responsible for expenses including the errors and omissions insurance (if necessary, to finalize an Agreement with a potential licensor). Miramax Films will if requested fulfill the Errors and Omissions requirement at a cost agreed upon by both parties. _______ will be responsible for all standard delivery materials and all associated costs with the delivery of the film .

Notwithstanding the provisions of the Digital Millennium Copyright Act, et seq, all royalties, re-use fees, salaries and other compensation due to the performers, shall be paid by the Owner. Distributor shall have no obligations for past, current or future salaries, royalties, laboratory charges or similar payments. All fees, payments, costs, etc......shall be paid by Owner and shall under no circumstances be the responsibility of Distributor notwithstanding the provision of the Digital Millennium Copyright Act, et seq, or otherwise.

It is expressly stated that there is no transfer of copyright ownership, as the term "transfer of copyright ownership" is defined in Section 101 of Title 17, U.S. code.


_______ represents and warrants that it owns or controls the rights to license, distribute, exploit, exhibit, broadcast, publicize, reproduce and otherwise derive revenue from the features and materials in the manner and form provided for in this Agreement. _______ agrees to indemnify, defend and hold harmless, Miramax Films from the amount of any damages agreed to in any settlement or awarded in any final judgment entered against Miramax Films, together with the reasonable costs and expenses (including legal costs and attorney's fees) with respect to any claim alleging that any of the materials or product or the exercise of any rights or privileges granted herein infringe upon the trade name, trademark, copyright, literary or dramatic right, music performing right or right of privacy of any claimant or constitutes a libel or slander of such claimant.

Each of the parties represents and warrants to the other that it has the full right, power and authority to enter into and perform under this Agreement and that it is under no obligation, contractual or otherwise, which might in any way interfere with its full and complete performance of this Agreement.


This Agreement shall be governed by the laws of the State of California.
Agreed by:



--------------------------------------
Miramax Films Date



-----------------------------------------------
For _______ Date
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If miramax wants something you have, you can afford a lawyer. For us to speculate on this is just.....stupid.
 
He stated that it isn't Miramax, though I can't understand why he filled their name in through an entire contract. Actually, a real contract would more likely set forth that the distributor would be referred to as "herein DISTRIBUTOR". An agreement should also set forth what the contract does, and I don't see a clear statement of purpose.

If you're at the point of distribution, you should have an attorney and only that person should be answering legal questions. If a legal question is worth asking, it is worth having an attorney answer it.

e
 
Erik Olson said:
He stated that it isn't Miramax, though I can't understand why he filled their name in through an entire contract. Actually, a real contract would more likely set forth that the distributor would be referred to as "herein DISTRIBUTOR". An agreement should also set forth what the contract does, and I don't see a clear statement of purpose.

If you're at the point of distribution, you should have an attorney and only that person should be answering legal questions. If a legal question is worth asking, it is worth having an attorney answer it.

e
Click to expand...

Yeah I agree, I'm in talks right now with a lawyer, thanks for the input guys.
 
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