SCREENPLAY CONTRACT
QCorp
Literary and Screen Agency
Definitions
1. The parties of this contract are
Jennifer Blockbuster, hereafter known as the Author, and QCorp Literary and
Screen Agency, hereafter known as the Agent. This agreement shall hereafter be
known as the Contract.
2. The literary works covered by the
Contract are all screenplays, treatments, series bibles and all other such
works created for the purpose of public performance written by the Author,
individually or with co-authors, including all other written works, derived or
associated with same, and shall hereafter be known collectively as the Author's
Works.
3. All monies and financial remuneration
derived from the Author's Works shall hereafter be known as Proceeds.
Purpose
of Contract
4. By means of the Contract the Author
grants the Agent sole and exclusive rights to act on the Author's behalf, in
all matters, for the purpose of securing sale of the Author’s Works, in all
forms, which shall hereafter be known collectively as Rights.
5. The exclusive rights described in
paragraph 4 shall include initial contact with potential buyers, the receiving
and reviewing of all offers with respect to the Author's Works, negotiation of
all contracts and agreements associated with the Author's Works.
Agent's
Commission and Author Payment
6. The Author agrees to pay a commission
of ten per cent (10%) of all gross Proceeds to the Agent within ten (10) days
of receipt of such Proceeds with respect to any Option and Purchase price,
Compensation to the Agent beyond the Option and Purchase price shall also be
ten per cent (10%) but only to the extent such Compensation does not reduce the
applicable Proceeds below Writers Guild of America (WGA) minimums as specified
in the WGA Basic Agreement.
Author's
Expenses
7. The Agent shall bear all ordinary
expenses such as duplication of the Author's Works, postage, telephone calls,
and related expenses pursuant to the Contract. All such expenses shall be
recorded and itemized. The Author shall reimburse the Agent for these expenses
up to a limit of four hundred dollars ($400). Such expenses owed to the Agent
shall be collected from the Author out of the Proceeds and shall be in addition
to the commission set forth in paragraph 6. Unless the Agent is successful in
procuring, for the Author, Proceeds, no payment is due from the Author to the
Agent.
8. Any expenses not deemed ordinary by the
Agent shall be exempted from the provisions of paragraph 7 and shall be
reimbursed to the Agent by the Author. In all such cases the Agent must secure
written permission of the Author before incurring such expenses. Written
permission shall specify the nature of the expense, the amount of the expense,
and the terms of payment.
Term
and Termination of Contract
9. The initial term of the Contract shall
be six (6) months from the Effective Date of Contract stipulated below and
shall continue thereafter until terminated in accordance with paragraph 10.
10. Termination of the Contract by the
Author or the Agent must be in writing and shall be effective three months from
the date of such written notice, provided the effective date of the termination
is no earlier than six (6) months from the Effective Date of the Contract.
11. Any contracts or written agreements
relating to the Author's Works entered into by the Agent on behalf of the
Author during the lifetime of this Contract shall remain under the terms of
this Contract whether or not this Contract has been terminated by the Author or
the Agent or whether this Contract is currently in force.
Sub-agents
12. Sub-agents, whose commissions shall be
in addition to the Agent's commission, can be engaged by the Agent only with
the written permission of the Author.
Modification
or Assignment of the Contract
13. This Contract cannot be altered, modified, changed, assigned or transferred without the written permission of both the Agent and the Author.
Author’s Warranty
14. The Author
Warrants that the Author’s Works do not infringe upon any existing copyright,
are original and do not contain any libelous material. Furthermore, the Author shall hold the
Agency blameless and indemnifies the Agency with respect to any legal and other
matters arising out of the aforementioned Warrants.
Disputes
15. This contract shall be governed by and
interpreted in accordance with the laws of the State of Oregon. All disputes
arising out of this contract which cannot be resolved by the parties shall be
decided by arbitration if the parties can mutually agree upon an arbitrator.
The decision of the arbitrator shall be binding on the parties.
16. Should the parties not agree upon an
arbitrator the dispute maybe submitted to the civil court of the State of
Oregon. Neither party shall file an action in civil court without first giving
notice of the demand for arbitration to the other party in writing.
Effective Date of Contract: 01 August
2002
_______________________ Author _______________________
Date
Jennifer Blockbuster _______________________
SSN
________________________ Agent _______________________ Date
William C. Brown, QCorp