RoyaltiesAndRevenue

Draft a distribution agreement

Price range: €13.84 through €19.06

Certainly. Below is a **Distribution Agreement** for a film, written in a formal legal style, outlining the essential terms related to film distribution.

### **DISTRIBUTION AGREEMENT**

This Distribution Agreement (the “Agreement”) is entered into as of [Effective Date], by and between:

**Producer**: [Producer’s Name/Company Name], a [Jurisdiction] [Corporation/LLC], with its principal office at [Producer’s Address] (“Producer”),

and

**Distributor**: [Distributor’s Name/Company Name], a [Jurisdiction] [Corporation/LLC], with its principal office at [Distributor’s Address] (“Distributor”).

**RECITALS**

WHEREAS, Producer is the sole owner of the film titled *[Film Title]* (the “Film”), a [genre, e.g., drama, documentary, etc.], with a running time of approximately [x] minutes;

WHEREAS, Producer desires to grant Distributor the exclusive or non-exclusive right to distribute the Film, and Distributor desires to accept such rights, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

### 1. **Grant of Distribution Rights**

1.1 **Grant of Rights**: The Producer hereby grants to the Distributor, subject to the terms of this Agreement, the exclusive or non-exclusive right to distribute, exhibit, and exploit the Film in the following territories: [list territories, e.g., worldwide, or specific countries/regions].

1.2 **Media Formats**: The Distributor is granted the right to distribute the Film in the following media formats: [list formats, e.g., theatrical release, television, home video, digital streaming, video on demand, etc.].

1.3 **Duration of Rights**: The rights granted in this Agreement shall commence on the Effective Date and shall continue for a period of [x] years, with the possibility of renewal upon mutual written consent of both parties.

### 2. **Territory and Exclusivity**

2.1 **Territory**: The Distributor’s rights to distribute the Film are exclusive (or non-exclusive) in the following territories: [list specific regions or “worldwide”].

2.2 **Sub-Distribution**: The Distributor has the right to sublicense the distribution rights to third-party sub-distributors within the agreed-upon territory. Any sublicensing arrangement shall be subject to the prior written approval of the Producer, and the terms of such sublicenses must be consistent with the terms of this Agreement.

### 3. **Compensation and Royalties**

3.1 **Advance Payment**: Upon execution of this Agreement, Distributor shall pay Producer an advance of [amount] (the “Advance”), which shall be recoupable against future gross revenues from the distribution of the Film.

3.2 **Revenue Sharing**: The Distributor agrees to pay the Producer the following revenue share from the gross revenues derived from the distribution of the Film:
a) [Percentage]% of gross revenues for theatrical distribution;
b) [Percentage]% of gross revenues for home video/DVD distribution;
c) [Percentage]% of gross revenues from digital distribution (e.g., streaming, VOD).

3.3 **Reporting**: The Distributor shall provide the Producer with quarterly statements detailing gross revenues, deductions, and amounts due to Producer. Payments of royalties shall be made within [x] days following the end of each reporting period.

### 4. **Marketing and Promotion**

4.1 **Marketing Materials**: The Distributor agrees to use commercially reasonable efforts to promote and market the Film. The Producer shall have the right to approve marketing materials, including posters, trailers, and digital assets, to ensure that they are consistent with the Film’s creative vision and branding.

4.2 **Promotional Costs**: The Distributor shall bear all costs related to the marketing, promotion, and advertising of the Film. Any out-of-pocket expenses related to promotional activities shall be recouped from the gross revenues before royalty payments are made to the Producer.

### 5. **Producer’s Obligations**

5.1 **Delivery of Film**: The Producer shall deliver to the Distributor a final version of the Film, including all necessary technical and legal deliverables such as master copies, subtitles, credits, and any required documentation.

5.2 **Cooperation**: The Producer agrees to cooperate with the Distributor and assist in the distribution efforts, including providing access to talent for promotional activities (e.g., interviews, press events, etc.).

### 6. **Warranties and Representations**

6.1 **Producer’s Warranties**: The Producer represents and warrants that:
a) The Producer is the sole owner of the Film and has the full right and authority to enter into this Agreement.
b) The Film does not infringe upon any third-party rights, including copyrights, trademarks, or other intellectual property rights.
c) The Producer has obtained all necessary licenses, consents, and permissions for the exploitation of the Film.

6.2 **Distributor’s Warranties**: The Distributor represents and warrants that it has the experience, resources, and ability to distribute the Film in the agreed-upon territories and media formats.

### 7. **Indemnification**

7.1 **Indemnification by Producer**: The Producer agrees to indemnify, defend, and hold harmless the Distributor from any claims, damages, or liabilities arising from the breach of any representation or warranty made by the Producer in this Agreement.

7.2 **Indemnification by Distributor**: The Distributor agrees to indemnify, defend, and hold harmless the Producer from any claims, damages, or liabilities arising from the breach of any representation or warranty made by the Distributor in this Agreement.

### 8. **Term and Termination**

8.1 **Termination for Breach**: Either party may terminate this Agreement in the event of a material breach by the other party, provided that the breach remains uncured for a period of [x] days after written notice.

8.2 **Effect of Termination**: Upon termination, all rights granted to the Distributor shall revert to the Producer, and the Distributor shall cease all distribution and exploitation of the Film. Any outstanding payments shall remain due to the Producer.

### 9. **Miscellaneous Provisions**

9.1 **Governing Law**: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

9.2 **Dispute Resolution**: Any dispute arising out of or in connection with this Agreement shall be resolved through [arbitration/mediation], and the parties agree to submit to the jurisdiction of the courts in [Location].

9.3 **Force Majeure**: Neither party shall be held liable for failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, or government regulations.

9.4 **Entire Agreement**: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

**IN WITNESS WHEREOF**, the parties hereto have executed this Distribution Agreement as of the Effective Date.

**Producer**:
[Producer’s Name]
[Authorized Signature]
[Title]
[Date]

**Distributor**:
[Distributor’s Name]
[Authorized Signature]
[Title]
[Date]

### **Explanation of Key Terms:**

1. **Grant of Rights**: This section outlines the scope of the distributor’s rights, including the territories and media formats in which the Film can be distributed.
2. **Compensation**: The financial terms, including the advance, royalties, and percentage of revenue, are defined to ensure the producer is compensated appropriately for the use of the Film.
3. **Marketing and Promotion**: Defines the responsibilities of both parties in marketing the Film and ensures that the Producer’s brand and creative vision are maintained.
4. **Warranties and Representations**: Both parties make representations and warranties to ensure that they have the authority to enter into the Agreement and that no third-party rights are violated.
5. **Indemnification**: Protects each party from legal liabilities arising from breaches of the Agreement.

This **Distribution Agreement** is essential for formalizing the relationship between the Producer and Distributor, ensuring the Film is distributed and promoted according to mutually agreed terms. The terms can be adjusted based on specific distribution channels, territories, or business models.

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