WORK MADE FOR HIRE AGREEMENT
This Work Made For Hire Agreement (“Agreement”) is effective as of the signing of this agreement, and entered into by and between the developer set forth in signature block below FishGate Productions (“Developer”) and Sherry Butler (“ Client”).
THE CLIENT, SHERRY BUTLER AND DEVELOPER AGREE AS FOLLOWS:
1. Video. Developer agrees to develop theVideo as described below and further defined in the attached Exhibit A.
2. Ownership and Assignment of the Video.
a. Developer and the Client intend this Agreement to be a contract for services and each considers the products and results of the services to be rendered by Developer hereunder (the “Video”) to be a work made for hire. Developer acknowledges and agrees that the Video (and all rights therein, including, without limitation, copyright and patent) belongs to and shall be the sole and exclusive property of the Client .
b. If for any reason the Video would not be considered a work made for hire under applicable law, Developer does hereby sell, assign, and transfer to the Client, its successors and assigns, the entire right, title and interest in and to the copyright and patent in the Video and any registrations and applications relating thereto and any renewals and extensions thereof, and in and to all videos based upon, derived from, or incorporating the Video, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights and patents, and in and to all rights corresponding to the foregoing throughout the world.
c. Developer agrees to execute all papers and to perform such other proper acts as necessary to secure for the Clientor its designee the rights herein assigned.
3. Delivery of the Video.
a. The Developer will deliver the Video to the Client on or before the date set forth on the attached Exhibit A (with all illustrations, charts, graphs, and other material, including, reference lists, etc., in the medium mutually agreed upon for the Video) in form and content satisfactory to the the Client.
4. Developer’s Warranty. The Developer warrants that it is the sole owner and creator of the Video and has full power and authority to make this Agreement; that the Video does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter. The Developer will defend, indemnify, and hold harmless the Clientand/or its licensees against all claims, suits, costs, damages, and expenses that the Client and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Video or any infringement or violation by the Video of any copyright, patent or other intellectual property right; and until such claim or suit has been settled or withdrawn, the Client may withhold any sums due the Developer under this Agreement.
5. Consideration. In consideration for delivery of theVideo in accordance with the provisions of this Agreement, The Client shall pay Developer the amount set forth on the attached Exhibit A.
a. This Agreement is governed by applicable federal law and regulations and the law of Arizona, without regard for its choice of law provisions.
b. This Agreement represents the parties’ entire understanding with respect to the Video and supersedes any prior agreements or discussions, written or oral regarding same.
c. This Agreement may be modified only by written amendment signed by the parties' officers or authorized designees.
d. If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date set forth above.
The Video: A thirty (30) second, high definition, video commercial in a format suitable for internet and website broadcasting. The Developer will present a rough cut, secondary cut with the Clients proposed changes and a fine cut for the Clients final approval and signature of acceoptance. If the client, for any reason, cannot complete or approve the final video, the deposit is not refundable and the agreement null and void.
Delivery Date: On or before December 15, 2012
Consideration: $400.00. A deposit of $200.00 due at the signing of this agreement, with the balance of $200.00 due upon delivery.