EXHIBIT 6.31
DATED 21 JUNE 1997
TOTAL FILMS UK LIMITED (1)
TOTAL FILM GROUP INC (2)
PRODUCER'S AGREEMENT
For the Services of ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇
Telephone ▇▇▇▇ ▇▇▇ ▇▇▇▇ Fax ▇▇▇▇ ▇▇▇ ▇▇▇▇
PRODUCER'S AGREEMENT
DATE: 21 June 1997
PARTIES:
1. The Production Company TOTAL FILMS UK LIMITED
(registered no.
3316646) whose registered
office is at ▇▇▇▇▇▇▇▇
▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇
2. The Loan Out Company TOTAL FILM GROUP INC of ▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇,
▇▇▇
3. The Producer ▇▇▇▇▇▇ ▇▇▇▇▇ c/o Total Film
Group Inc of
▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇
▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇
RECITALS:
(A) The Production Company proposes to produce the Film intended primarily
for theatrical exploitation throughout the world.
(B) The Loan Out Company is entitled to the exclusive services of the
Producer.
(C) The Production Company wishes to engage the Loan Out Company to provide
services of the Producer as producer of the Film on the terms and
conditions set out in this Agreement.
1 Interpretation
1.1 In this Agreement:
Act means the Copyright Designs and
Patents ▇▇▇ ▇▇▇▇
the Film means a film and all sound
recordings made in connection with
and/or incorporated in the
soundtrack to such film, which is
tentatively entitled "New Swiss
Family ▇▇▇▇▇▇▇▇" based on a
Screenplay by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
1.2 In this Agreement the expression "film" shall bear the meaning ascribed
to it in s 5(I)(b) of the Act.
2 Engagement
2.1 The Production Company engages the Loan Out Company to provide the
services of the Producer and the Loan Out Company undertakes to provide
the services of the Producer to the Production Company as principal
producer of the Film.
2.2 The engagement shall commence on 21 July 1997 and shall continue until
the earlier of:
2.2.1 the completion of the Film in all respects ready for delivery to the
principal distributor of the Film; or
2.2.2 termination of the services of the Producer supplied by the Loan Out
Company pursuant to the provisions of this Agreement.
2.3 The services to be rendered by the Producer and supplied by the Loan
Out Company shall be as more particularly set out in Schedule 1
("Services").
3. Compensation
3.1 Subject to the provisions of this Agreement and the observance and
performance by the Producer of all his obligations under it, the
Production Company shall pay to the Loan Out Company for all services
rendered by the Producer in respect of the Film and for all rights in
the products of such services the sum of US$300,000 (three hundred
thousand United States dollars) payable as a deferment in first
position pro rata and pair passe with other deferrals providing
services and facilities from 100% of all sums actually received by US
from the exploitation of the Film throughout the world after repayment
of loan finance p1w interest made available by the principal financiers
of the Film.
3.2 The Production Company is expressly authorized by the Producer to
deduct and withhold from all sums due to the Producer all deductions
(if any) in accordance with local laws and regulations from time to
time applicable.
3.3 All sums payable under this clause 3 shall be paid to the Loan Out
Company whose receipt shall be a full and sufficient discharge to the
Production Company.
3.4 The Loan Out Company and the Producer acknowledges that the
remuneration provided under this clause 3 shall be inclusive of all
guild and union minimum basic fees overtime and all residual repeat and
payments direct or indirect employment and like taxes and state
governmental and/or social security contributions.
4. Expenses
4.1 The Production Company will provide the Producer with first class
return air fare from Los Angeles to Puerto Rico for the purpose of
providing the Services and it is acknowledged that more than one return
trip may be required.
4.2.1 While the Producer is in Puerto Rico providing the Services on
location, the Production Company shall provide him with first class
living accommodation, a rental car and per diem of $150.
5 Rights/consents
5.1 The Producer and the Loan Out Company severally assign with full title
guarantee to the Production Company the entire copyright whether
vested, contingent or future and all other rights of whatever nature
in, and to the product of, the Services whether now known or in the
future created to which the Producer is now or may at any time after
the date of this Agreement be entitled by virtue of, or pursuant to,
any of the laws in force in any part of the world to hold to the
Production Company, its successors, assigns and licenses absolutely for
the whole period of such rights for the time being capable of being
assigned together with all renewals reversions and extensions
throughout the world.
5.2 The Producer irrevocably and unconditionally grants and confirms to the
Production Company its successors, assigns and licensees in respect of
the Services and the product of the Services, all consents required
pursuant to the Copyright Designs and Patents ▇▇▇ ▇▇▇▇ Part II and all
other laws now or in the future in force in any part of the world which
may be required in respect of the Services for the exploitation by the
Production Company, its successors, assigns and licensees of the
Services and the product of the Services whether or not by means of the
Film in any and all media by any and all means now known or developed
in the future for the full duration of the rights acquired by the
Company pursuant to this Agreement pursuant to the laws in force in any
part of the world.
5.3 The Producer irrevocably and unconditionally waives all rights relating
to the Services or the Film to which the Producer is now or may in the
future be entitled pursuant to the provisions of the Copyright Designs
and Patents ▇▇▇ ▇▇▇▇ Sections 70,80,84 and 85 and any other moral
rights to which the Producer may be entitled under any legislation now
existing or in future enacted in any past of the world.
5.4 The Producer acknowledges that all rights of copyright, privacy,
publicity and all other rights in and to the Film and any photographs,
films and sound recordings made by the Production Company, its
successors, assigns and licensees in connection with the Film featuring
the Producer and all other products of his Services belong to the
Production Company absolutely and that the Production Company shall
have the right to exploit any and all of the foregoing in any and all
media by any and all manner or means throughout the world for the full
period of copyright together with the right to authorize others so to
do.
5.5 Without prejudice to the generality of the rights assigned by clauses
5.1. 5.2, 5.3 and 5.4 the Production Company shall have the right:
5.5.1 to make produce sell publicly exhibit lease license hire market
publicize distribute exhibit diffuse broadcast adapt and reproduce
mechanically graphically electronically or otherwise howsoever by any
manner and means (whether now known or hereafter devised) the Film and
all products of the Services throughout the universe;
5.5.2 to permit any third party to exercise any of such rights in the sole
discretion of the Production Company;
5.5.3 to rent copies of the Film and the Producer confirms that the
consideration under clause 3 comprises equitable remuneration for the
rental right of the Producer.
5.6 The Producer, having acknowledged his understanding of the needs of the
film production by granting the Production Company the unlimited rights
to make changes in the Film and other products of the Services as
elsewhere provided herein, hereby expressly irrevocably and
unconditionally waives the right provided for by the Act, or by the
laws of any other jurisdiction, to object to derogatory treatment of
the Film or other products of the Services.
5.7 The Producer expressly unconditionally and irrevocably waives the right
to be identified as Producer of the Film pursuant to the Act or the
laws of any other jurisdiction but without prejudice to clause 7 of
this Agreement.
6. Loan Out Company's warranties
6.1 The Loan Out Company hereby warrants undertakes and agrees that:
6.1.1 the Loan Out Company and the Producer is free to enter into this
Agreement and grant to the Company all rights and consents grated in it
and has not entered, and will not enter into, any arrangement which may
conflict with it.
6.1.2 the Services and the products of the Services shall be original with
the Producer and shall not be obscene or defamatory or infringe on the
copyright common law right or any other right of any person;
6.1.3 the Loan Out Company will ensure that the Producer will render the
Services to the best of his skill and ability in a professional and
workmanlike manner in willing co-operation with others in the manner
required by the Production Company and in accordance with the
production schedule established by the Production Company. In
particular, without prejudice to the generality of the foregoing, the
Producer shall observe the times set out in the call sheets and the
Producer shall do everything in such capacity to ensure performances
from an artists engaged for the Film are of first clear quality
suitable for international exploitation;
6.1.4 the Loan Out Company shall not without the consent in writing of the
Production Company issue any publicity relating to or otherwise reveal
or make public any financial or other confidential information in
connection with the Film or the terms of this Agreement or the business
of the Production Company and will not knowingly commit any act which
might prejudice or damage the reputation of the Production Company or
inhibit the successful exploitation of the Film;
6.1.5 The Producer is in a good state of health and in order to enable the
Company to effect insurance on the Producer against loss arising from
the inability of the Producer to perform the Service such insurance
shall be on normal terms with no exclusions or unusual deductibles;
6.1.6 the Producer shall not at any time during this Agreement or any period
of his engagement participate in any hazardous or dangerous pursuits or
voluntarily take any risks which might prevent the Producer from being
ready and able at all times to perform the Services and in particular
(but not by way of limitation) shall travel by air only as a passenger
on a regular scheduled flight and shall not take part in motor racing,
hang-gliding or any form of sport involving unusual risk of death or
personal injury and shall observe all requirements of insurers;
6.1.7 the Production Company shall be entitled to use and authorize others to
use the name likeness photograph and biography of the Producer in
connection with the Film but shall not without the Producer's prior
consent represent the Producer as endorsing any commercial product
other then the Film or sound track albums and the like associated
therewith;
6.1.8 the Producer shall at all times throughout his engagement keep the
Production Company informed of his whereabouts and telephone number;
6.1.9 the Producer will not on behalf of the Production Company enter into
any Commitment contract or arrangement with any person or engage any
person without the Production Company's prior written consent;
6.1.10 the Producer shall willingly co-operate with the Production Company and
shall repeat such services rendered by the Producer as when and where
requested by the Production Company and follow all reasonable
directions and instructions given by the Production Company,
6.1.11 the Producer shall attend at such locations and times as are reasonably
required by the Production Company from time to time;
6.1.12 the Producer shall comply with and observe all union rules and
regulations and all the final agreements rules and regulations relating
to safety fire prevention or general administration in force at any
place in which the Producer shall be required by the Production Company
to render any services;
6.1.13 the Producer now is and will remain at all times when rendering
services a Mexican subject ordinarily resident in the USA;
6.1.14 upon the expiry or earlier termination of the Producer's engagement the
Producer will deliver up to the Production Company all scripts
photographs and other literary or dramatic properties all film
materials and all other properties documents and things,
whatsoever which the Producer may have in the Producer's possession or
under the Producer's control relating to the Film;
6.1.15 the Producer shall at the request of the Production Company render
Services in connection with the promotion and advertising of the Film
without further remuneration except reimbursement of expenses in
accordance with clause 4.1. The Producer shall attend press conferences
and make non-commercial appearances including broadcasting by radio and
television and the like all of which services if required outside the
period of his engagement shall be subject to the Producer's other
professional engagements;
6.1.16 the Loan Out Company shall indemnify the Production Company and keep it
fully indemnified at all times against all actions, proceedings, costs,
claims, awards, damages, expenses (including without limitation legal
expenses) and liabilities arising directly or indirectly from any
breach of the Producer's undertakings obligations or warranties under
this Agreement.
7 Credit
7.1 Subject to the provisions contained in this clause 7 and the observance
and performance by the Loan Out Company of its obligation and of all
the Producer's obligations the Production Company agrees to accord
credit to the Producer on all positive copies of the Film made by it or
under its control as set out in Schedule 2. The Production Company also
agrees to accord the Producer credit as set out in Schedule 2 in major
paid advertising relating to the Film issued by the Production Company.
7.2 The Production Company's obligation to accord credit in advertisements
shall apply only to the billing portion (excluding artwork and
advertising copy). The Production Company shall not be obliged to
accord credit to the Producer in;
7.2.1 teaser advertising or publicity;
7.2.2 advertising relating primarily to the cast, Producer or other personnel
connected with the production of the Film;
7.2.3 trailers or radio or television group or list advertising or
institution or other publicity;
7.2.4 publicity not primarily relating to the Film;
7.2.5 advertising in narrative form;
7.2.6 so-called 24 sheets 16 sheets 7 sheets 30 x 40, or 40 x 60s
7.2.7 newspaper or other periodical advertising occupying 8 column inches or
less;
7.2.8 by-products commercial tie-ups or merchandising
7.2.9 in connection with any television exploitation of the Film or any
exploitation publication or fictionalization of the story screenplay or
other literary dramatic or musical material upon which the Film is
based;
7.3 In according credit in paid advertising if the title of the Film is
used more than once ie a so-called 'regular' use and a so-called
'artwork' use (such as for example the weaving oldie title as part of
the background of the advertising or a display use or a fanciful use)
any reference in this Agreement including any Schedule to the title of
the film shall be to the so-called regular use of the title as
distinguished from the 'artwork' use of the title.
7.4 No casual or inadvertent failure by the Production Company or any third
party to accord any credit or comply with the provisions of this clause
7 or Schedule 2 shall constitute a breach by the Production Company of
its obligations. In the event of any breach by the Production Company
of its obligations under this clause 7 the rights and remedies of the
Producer (if any) shall be limited to the recovery of damages in an
action at law and in no event shall the producer be entitled by reason
of such breach to terminate this Agreement or seek to enjoin or
restrain the distribution or exploitation of the Film. Notwithstanding
the foregoing the Production Company agrees that if the Producer shall
give written notice to the Production Company of any breach of the
provisions of this clause 7 the Production Company will use its
reasonable endeavours to procure the remedying of such breach as
regards the future. The Production Company shall not be required to
incur expense or liability in so doing save such expense as may be
inherent in giving notice to distributors and others.
8 Production Company's liability
8.1 The Production Company shall not be liable for:
8.1.1 any loss of or damage to any clothing or other personal property of the
Producer whether such loss or damage is caused by negligence or
otherwise howsoever except to the extent that the Production Company
receives compensation from an insurance company or other third party;
8.1.2 the death or injury of the Producer caused in any way during the
engagement under this Agreement except so far as otherwise required by
law and to the extent that the Production Company may receive
compensation from an insurance company or other third party;
8.1.3 any representation made to or for the Producer by any employee or agent
of the Production Company and in particular the Production Company
shall not be bound by any prior condition or purported agreement
inconsistent with this Agreement.
9 Waiver
9.1 No waiver by the Production Company of any failure by the Loan Out
Company to observe any covenant or condition of this Agreement shall be
deemed to be a waiver of any preceding or succeeding failure or of any
other covenant or condition nor shall it be deemed a continuing waiver.
The rights and remedies provided for in this Agreement are cumulative
and no one of them shall be deemed to be exclusive of the others or of
any rights or remedies allowed by law. The rights granted to the
Production Company are irrevocable and shall not revert to the Loan Out
Company of the Producer under any circumstances whatsoever. In the
event that the Production company terminates or cancels (or purports to
terminate or cancel) this Agreement or any other agreement entered into
by and between the Production Company and the Producer (and even if
such cancellation or termination or purported termination or
cancellation is ultimately determined by a court to have been without
proper or legal cause or ultimately determined by such a court that the
Production Company committed any material breach, of any such
agreement) the damage (if any) caused to the Producer thereby is not
irreparable or sufficient to entitle the Producer to injunctive or
other equitable relief and the Producer shall not have any right to
terminate this Agreement or any such other agreement or any of the
Production Company's rights hereunder.
10 Insurance
The Production Company may secure in its own name or otherwise at its
own expense life accident health cast pre-production and other
insurance covering the Producer independently or together with others
and the Producer shall not have any right title or interest in or to
such insurance. The Producer shall assist the Production Company to
procure such insurance and shall in timely fashion submit to such
customary medical and other examinations and sign such applications and
other instruments in writing as may be required by the insurance
company involved.
11. Conditions precedent
As a condition precedent to any and all liability of the Production
Company the Producer shall at the Loan Out Company's own expense apply
for and assist the Production Company in applying for and do all such
things as may be necessary in support of any application for the
Producer's membership of any trade union labor or professional
organization or guild and/or for passports visas work permits or other
matters necessary to enable the Production Company to make use of the
Producer's services. If as a result of such application being refused
revoked or cancelled otherwise than by reason of the Loan Out Company's
default the Production Company shall be unable to make use of the
Producer's services this Agreement shall he deemed null and void and
without effect and without liability whatsoever on the parties save
that the Producer shall repay to the Production Company any sums
previously paid to him pursuant to clause 3.
12 No obligation
Nothing contained in this Agreement shall constitute an undertaking by
the Production Company to produce the Film or to utilize the Services
in connection with the Film or to incorporate the products of the
services in the Film. The Production Company shall not be required to
commence or continue the production release exhibition or other
exploitation of the Film and no compensation shall be payable to the
Producer for any alleged loss of publicity or opportunity to enhance
the Products reputation.
13 Pay/Play
If the Production Company in its sole discretion considers it desirable
it may, whether having commenced or not to use the Services, decide
that such services or any part thereof are not satisfactory and it may
substitute another Producer in his place. The Producer hereby releases
the Production Company in that event from any further obligation to
make any use of the Producer's services or any part thereof but unless
the provisions of clauses 14 and 15 apply the Producer shall remain
entitled to payment pursuant to clause 3.
14. Suspension Termination
14.1 The Production Company shall be entitled by oral notice to the Loan Out
Company given at any time during the subsistence of any of the
following events (as a courtesy to be confirmed in writing) to suspend
the engagement of the Producer's services for the remainder of the
duration of the event and any time reasonably required by the
Production Company to resume the use of such services and to extend the
term of the engagement of the Producer's services by the period of such
suspension namely:
14.1.1 the Producer is prevented from performing services owing to any injury
or illness or any mental or physical disability for 5 consecutive days
or an aggregate of 14 days;
14.1.2 the Producer is unable in the opinion of the Production Company to
perform or continue to perform his services;
14.1.3 the Producer fails or refuses to perform or observe any of his services
and obligations in accordance with the terms of this Agreement or is in
breach of any of the warranties and agreements on the part of the
Producer contained in it;
14.1.4 the Producer shall have failed to submit pursuant to clause 10 to
medical examination or shall make untrue or inaccurate replies or
statements for the purpose of insurance or the Production Company is
unable to effect insurance on the Producer at normal rates on normal
terms;
14.1.5 the development pro-production production or post-production of the
Film is prevented or interrupted by reason of any cause beyond the
control of the Production Company such as (but not by way of
limitation) war, civil disturbance, order of a government ministry or
department or public authority, fire, natural catastrophe, labor
dispute, withdrawal of
labor, breakdown or interruption of power supplies or other services or
transport (public or otherwise) or death or illness of a principal
artiste or a senior technician.
14.2 Whether or not this engagement has been suspended if for 7 days (or
more) consecutive or in the aggregate there subsists any event provided
for in clauses 14.1.1, 14.1.2 or 14.1.5 or at any time without prior
suspension during the subsistence of the event set out in clause 14.1.3
or in the events provided for in clause 14.1.4 then in any such case
the Production Company shall be entitled by written notice to the Loan
Out Company to terminate this engagement but without prejudice to its
rights accrued up to the date of termination or the commencement of
suspension prior to the termination (as the case may be).
14.3 If and when this engagement has been suspended on account of any event
provided for in clause 14.1.5 and this suspension has continued for 8
weeks or more, the Loan Out Company shall be entitled by notice in
writing to the Production Company to terminate this engagement except
that if within 7 days of the receipt of such notice the Production
Company serves a counter notice upon the Loan Out Company that it
wishes to resume the engagement of the Producers services the
Producer's notice shall be cancelled and of no further effect and the
engagement of the Producer's services shall be resumed at the date
specified in the counter notice.
14.4 Any claim which either party shall have against the other for or in
respect of any breach non-observance or non-performance or repudiation
of any of the provisions of this Agreement occurring prior to such
termination or out of which such termination shall have arisen shall
not be affected or prejudiced.
15 Effect of Suspension/Termination
15.1 In the event of suspension of the engagement pursuant to clause 14:
15.1.1 while such suspension lasts payment of remuneration under clause 3 will
cease to fail due and upon resumption of the engagement the date for
payment of such remuneration shall be postponed by a period equal to
the duration of such suspension;
15.1.2 during the suspension Loan Out Company and the Producer shall continue
to comply with all its obligations not affected by such suspension and
the Loan Out Company shall not without the prior consent of the
Production Company agree to provide the services of the Producer to any
other person;
15.1.3 the Production Company will remain entitled to all rights hereby
granted or assigned to it.
15.2 In the event of termination of this Agreement whether or not pursuant
to clause 14:
15.2.1 the Loan Out Company shall be entitled to the remuneration due under
clause 3 up to the date of the event giving rise to such termination
(or the beginning of any suspension preceding such termination);
15.2.2 the Production Company will remain entitled to all rights hereby
granted or assigned to it.
15.3 The Loan Out Company acknowledges that the services of the Producer
hereunder are of a unique character, the loss of which cannot be
reasonably or adequately compensated in damages in an action at law,
and by ▇▇▇▇▇ Thereof the Producer agrees that the Production Company
shall be entitled to injunctive and other equitable relief to prevent
or curtail any breach of this Agreement by the Producer.
16 Conflict
Nothing contained in this Agreement shall be construed so as to require
the commission of any act contrary to law and wherever there is any
conflict between my provision of this Agreement and any statute law
ordinance or regulation contrary to which the parties have no legal
right to contact then the latter shall prevail but in such event the
provisions of this Agreement so affected shall be curtailed and limited
only to the extent necessary to bring them within the legal
requirements.
17 Assignment
The Production Company shall not transfer or assign this Agreement or
all or any part of the Production Company's rights under it without the
approval in writing of the Loan Out Company.
18. Notices
18.1 All communications between the parties with respect to any of the
provisions of this Agreement shall be delivered to the parties in
person or sent to the addresses set out in this Agreement or to such
other addresses as may be notified by the parties for the purpose of
this clause 18 by prepaid registered or recorded delivery post or by
facsimile transmission or other electronic means of written
communication with immediate confirmation by letter.
18.2 Communications which are sent or dispatched as set out below shall be
deemed to have been received by the addressee at the times stated:
18.2.1 by hand - the date of dispatch;
182.2 by post - two business days after dispatch;
18.2.3 by cable - one business day after dispatch;
18.2.4 by facsimile transmission or other electronic means of written
communication on dispatch.
18.3 proving service by post it shall only be necessary to prove that the
communication was contained in an envelope which was duly addressed
stamped and posted by registered or recorded delivery post. In proving
service by cable telex facsimile transmission or other electronic means
of written communication proof of service will be accepted on proof of
posting of the confirmatory letter.
19. Entire agreement
This Agreement (including any attached exhibits) contains the full and
complete understanding between the parties and supersedes all prior
agreements and understandings whether written or oral pertaining
thereto and cannot be modified except by a written instrument signed by
the Loan Out Company, the Producer and the Production Company. The Loan
Out Company acknowledges that no representation or promise not
expressly contained in this Agreement has been made by the Production
Company or any of its agents employees or representatives.
20 No partnership/employment
Nothing contained in this Agreement shall or shall be deemed to
constitute a partnership or a contract of employment between the
parties.
21. Law
This Agreement shall be construed in accordance with and governed by
the laws of England whose courts shall be the courts of competent
jurisdiction.
AS WITNESS this Agreement has been signed by the duly authorized representatives
of the parties the day and year first before written
SIGNED by ▇▇▇▇▇▇ SOMPER /s/ ▇▇▇▇▇▇ Somper
for and on behalf of
TOTAL FILMS UK LIMITED
SIGNED by for and on behalf of TOTAL FILM GROUP INC. /s/ ▇▇▇▇▇▇ ▇▇▇▇▇
SIGNED by ▇▇▇▇▇▇ ▇▇▇▇▇ /s/ ▇▇▇▇▇▇ ▇▇▇▇▇
Schedule 1
Producer's Services ("Services")
1 The Services shall be rendered to the Production Company on an
exclusive basis in accordance with clause 2 of the Agreement and
thereafter as and when required by the Production Company subject to
the Producer's other professional commitments.
2 Subject to the provisions of this Agreement the Loan Out Company will
ensure that the Producer will:
(a) perform all services usually rendered by a Producer of first
class films, including all pre-production and post-production
services, fully and completely and to the best of the
Producer's ability in a professional and workmanlike manner,
in full co-operation with others and in accordance with the
Production Company's directions at such location or locations
and at such times as the Production Company shall direct;
(b) render all services required under this Agreement strictly in
accordance with the production schedule established by the
Production Company in consultation with the Producer or as the
Production Company may otherwise direct.
3 Without limitation of the foregoing the Producer shall to such extent
as the Production Company may require:
(a) consult with and advise the persons responsible for the
writing of all treatments scripts and other story material
upon which the Film is based;
(b) upon completion of the final shooting script for the Film
co-operate with the Production Company in the preparation of a
proper detailed production schedule and budget for the
production of the Film;
(c) attend all pro-production preparation script schedule and
budget conferences tests rehearsals and like matters and
assist in the selection of locations cast and technicians
prior to the principal photography of the Film;
(d) upon completion of the photography and recording of the Film
supervise in conjunction with the Director the cutting titling
mid editing post-synchronization scoring dubbing and
completion thereof in order to make due and proper delivery of
the Film in a first class condition to the Production
Company's distributors;
(e) appear at such times and such places as the Production Company
may designate from time to time in connection with the
principal photography of the Film and for the purposes of
making promotional photographs, consulting with
representatives of television companies recording studios
processing laboratories completion
guarantors and other organizations, and any other purpose
reasonably related to the engagement provided for in this
Agreement.
Schedule 2
Credit
In the main titles on a separate card the following wording shall appear
immediately prior to the credit accorded to the director of the Film and 100%
the size of the credit accorded the Director:
Produced by ▇▇▇▇▇▇ ▇▇▇▇▇
In relation to paid to advertising, credit shall be accorded in all paid
advertisements subject to clause 7 of this Agreement,
It is agreed that at the option of the Loan Out Company it may elect to
substitute the above credit with:
Executive Producer ▇▇▇▇▇▇ ▇▇▇▇▇