|This agreement is made as of the _____ day of _____, 20__, in Hollywood, CA, between, ___________, hereinafter called the WRITER, and THE LITERARY AGENCY & Jane Doe (AGENT), relating to the WRITER’s manuscripts or screenplays, hereinafter called the WORKS. LITERARY AGENCY will expect first look at future work completed by the WRITER.
1. The WRITER hereby grants the AGENT the exclusive right to market, promote, and represent the WORKS for sale. The initial term of this agreement shall be for one (1) year, and for successive one (1) year periods thereafter, unless either party gives thirty (30) days prior notice, that the employment is terminated. “Term,” as the word is used in this Agreement, refers to the full term of this agreement as it may be extended as described here.
2. The WRITER warrants as follows that he is the sole owner of the work, with the full power to enter into this agreement; that the WORKS do not infringe upon any copyright, nor contains any libelous matter, nor unlawfully invade the privacy of another person.
3. The WRITER agrees to indemnify and hold harmless the AGENT against all claims or suits that arise from publication of the WORKS pertaining to libelous matter, infringement of copyright, or any other action caused by the content of the WORKS.
4. In consideration of both parties schedule, the AGENT agrees to commence marketing, promoting, and representing the work for sale upon execution of this agreement.
5. The WRITER agrees to pay the AGENT a percentage of all profits from sale of WORKS. WRITER will also pay a percentage for writing assignments acquired for WRITER. Figure to be set at 10%. WRITER will supply submittal materials to agent.
6. If negotiations for a sale commence prior to termination of this contract and sale is consummated after termination of this contract from efforts by the AGENT, the WRITER will be liable for payment of commissions.
7. WRITER authorizes AGENT to collect and receive on WRITER’s behalf all gross monies and other considerations due and payable to WRITER in connection with the Contracts. Agent shall pay over to WRITER all such collections, less commissions and approved expenses as provided in this Agreement, within five (5) business days of funds clearing Agent’s bank account.
8. Subject to WRITER’s advance approval in writing, the WRITER shall reimburse the AGENT for unusual or extraordinary expenses incurred by the AGENT.
9. Agent shall not executive or sign any agreement or grant rights with respect to the WORKS. WRITER’s signature shall be required for any such agreement. Notwithstanding the above, WRITER hereby authorizes and instructs AGENT to include customary “agency clause” incorporating the terms of this Agreement in any Contract(s) which Agent may negotiate, and the parties agree to execute such additional documents as may be necessary to give full force and effect to this Agreement.
10. All notices, statements and other communications between the parties, including notice of change of address or fax number, will be deemed to have been delivered if made in writing and either mailed by registered mail and received within seven (7) days or actually delivered to the other party at the applicable address below or, if different, as notified hereunder.
11. Any and all disputes, claims or controversies arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, will be referred to and finally resolved by arbitration.
12. This Agreement or any portion hereof may not be assigned by either party without the prior written consent of the other party, and such consent may not be unreasonably withheld.
13. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, representations, understandings and agreements whether verbal or written between the parties with respect to the subject-matter hereof.
14. No amendment of this Agreement and no waiver of any provision of this Agreement will be binding or valid unless it is agreed to in writing by the party against whom such amendment or waiver is sought to be enforced.
15. If any provision of this Agreement is determined at any time by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof shall be severable from this Agreement and the remainder of this Agreement will be construed as if such invalid, illegal or unenforceable provision or part thereof had been deleted here from.
16. In the event Agent enters into proceedings related to bankruptcy, whether voluntary or involuntary, Agent agrees to furnish, by certified mail, written notification of the bankruptcy (including the date on which the bankruptcy petition was filed, and the name and location of the court in which the petition was filed within five (5) days of the initiation of the proceedings relating to bankruptcy filing.
In witness whereof the parties hereto have caused this instrument to be executed since the date written above.
Script Writer’s Address
The Literary Agency
1234 Wilshire Blvd., Suite 101
Los Angeles, CA 90210