WRITER EMPLOYMENT AGREEMENT (Low-Budget, Non-union)
(Low-Budget,
Non-union)
Agreement
effective January 15, 2006, between Bridgefilms Inc., a Nevada Corporation
("Production Company"), and Xxxxxx Nevis ("Writer").
1.
EMPLOYMENT: Production Company employs Writer to perform and Writer agrees
to
perform writing services for Production Company's proposed motion picture
currently entitled "Fire On Earth " ("The Picture"), based on an original story
by Biography of Xxxxxxx Xxxxx . All of Production Company's obligations under
this Agreement are expressly conditioned upon Writer's completion, to Production
Company's satisfaction, of Form I-9 (Employment Eligibility Verification Form)
and Writer's submission to Production Company of original documents satisfactory
to Production Company to prove Writer's employment eligibility.
2.
SERVICES/FORM OF WORK: The completed results and product of Writer's services
(including all material created, added, interpolated and submitted by Writer)
shall be deemed the "Work" which shall be created in each of the applicable
forms listed below ("Forms of Work"):
Forms
of
Work: Screenplay, Polish
(a)
Use
of Work: In Production Company's sole, absolute and unfettered discretion,
Production Company may use or not use the Work and may make any changes in,
deletions from or additions to the Work.
(b)
Underlying Property: If the Work is based on an original idea or material
("Property") created by Writer, Writer hereby grants Production Company the
same
rights in the Property as Production Company is acquiring hereunder in the
Work.
The compensation payable to Writer pursuant to Paragraph 5 includes payment
for
said rights in the Property and for the writing services of Writer hereunder.
3.
DELIVERY: Writer agrees to complete and deliver each Form of Work and the Work,
including any changes and revisions required by Production Company as follows:
Screenplay
due: May 15, 2006.
1
Polish
due: June 15, 2006
4.
PERFORMANCE STANDARDS: All of Writer's services shall be rendered promptly
in a
diligent, conscientious, artistic and efficient manner and Writer shall devote
Writer's entire time and attention and best talents and abilities to the
services to be rendered, either alone or in collaboration with others. Writer's
services shall be rendered in such manner as Production Company may reasonably
direct pursuant to the instructions, suggestions and ideas of, and under the
control of, and at the times and places reasonably required by, Production
Company's duly authorized representatives. Writer, as and when reasonably
requested by Production Company, shall consult with Production Company's duly
authorized representatives and shall be available for conferences with such
representatives for such purposes at such times and places during Writer's
employment as may be required by such representatives.
5.
COMPENSATION: Conditioned upon Writer's full performance of all of Writer's
obligations hereunder, Production Company will pay Writer as full compensation
for all services rendered and rights granted as follows:
(a)
Fixed
compensation: $15,000 which shall be paid as follows:
i.
$10,000 upon delivery of finished draft of screenplay.
ii.
$5,000 upon delivery of the last Form of Work due Production Company.
In
addition:
(b)
Bonus
compensation as follows:
i.
None
(b)
To
Production Company: All notices from Writer to Production Company shall be
given
in writing by mail, messenger, cable, telex or telecopier addressed as indicated
below. The date of mailing, messengering, cabling, telexing or telecopying
shall
be deemed to be the date of service. Notice to the Production Company shall
be
sent to 0000 Xxxx Xxxx Xxxxxxx Xxxx, Xxx Xxxxx XX 00000.
(c)
Change of Address: The address of Writer and of Production Company set forth
herein may be changed to such
2
other
address as Writer or Production Company may hereafter specify by written notice
given to the other Party.
10.
ASSIGNMENT: This Agreement is non-assignable by Writer. This Agreement shall
inure to the benefit of Production Company's successors, assignees, licensees
and grantees and associated, affiliated and subsidiary companies. Production
Company and any subsequent assignee may freely assign this Agreement, in whole
or in part, to any party provided that such party assumes and agrees in writing
to keep and perform all of the executory obligations of Production Company
hereunder.
11.
NAME
AND LIKENESS: Production Company shall have the right to use and permit others
(including any exhibitor or sponsor of the Program or Series) to use Writer's
name and likeness for the purpose of advertising and publicizing the Work,
any
Program based on the Work, and any of exhibitor's or sponsor's products and
services, but not as an endorsement or testimonial.
12.
PAY
OR PLAY: The rights in this Paragraph shall be in addition to and shall not
in
any way diminish or detract from Production Company's rights as otherwise set
forth. Production Company shall not be obligated to use Writer's services,
nor
use the results and product of Writers services, nor produce, release,
distribute, exhibit, advertise, exploit or otherwise make use of the Program.
Production Company may at any time, without legal justification or excuse,
elect
not to use Writer's services or to have any further obligations to Writer under
this Agreement. If Production Company elects not to use Writer's services
pursuant to this Paragraph, Writer shall be paid the Compensation set forth
in
Paragraph 5 (a) if Writer performs those services.
13.
CREDIT:
(a)
The
writing credits shall read: "Story by Xxxxxx Nevis," and "Written by Xxxxxx
Nevis" (or another name chosen by Writer), if a substantial amount of Writer's
work is incorporated in the Picture. In determining whether Writer is awarded
sole, shared or no writing credit, reference shall be made to the principles
of
the WGA credit arbitration rules. Although Production Company is not a WGA
signatory, to the extent possible, the principles of the WGA credit arbitration
rules shall be followed by the parties.
3
In
the
event of a credit dispute, the arbitrator of such a dispute shall follow the
WGA
credit rules to the extent they do not conflict with the rules of the AFMA
or
the American Arbitration Association.
(b)
In
the event that writer also directs the picture, writer shall receive an
appropriate directing credit in accordance with the rules of the DGA. Although
Production Company is not a DGA signatory, and writer is not a DGA member,
to
the extent possible, the principles of the WGA credit rules shall be followed
by
the parties. In the event of a credit dispute, the arbitrator of such a dispute
shall follow the DGA credit rules to the extent they do not conflict with the
rules of AFMA or the American Arbitration Association.
14.
CONDITIONS AFFECTING OR RELATED TO COMPENSATION:
(a)
Method of Payment: All compensation which shall become due to Writer shall
be
paid by Production Company by check and sent to Writer at the address provided
in the Notices and Payments provision of this Agreement.
(b)
Governmental Limitation: No withholding, deduction, reduction or limitation
of
compensation by Production Company which is required or authorized by law
("Governmental Limitation") shall be a breach by Production Company or relieve
Writer from Writer's obligations. Payment of compensation as permitted pursuant
to the Governmental Limitation shall continue while such Governmental Limitation
is in effect and shall be deemed to constitute full performance by Production
Company of its obligations respecting the payment of compensation. The foregoing
notwithstanding, if at such time as the Governmental Limitation is no longer
in
effect there is compensation remaining unpaid to Writer, Production Company
shall cooperate with Writer in connection with the processing of any
applications relative to the payment of such unpaid compensation and Production
Company shall pay such compensation to Writer at such times as Production
Company is legally permitted to do so.
(c)
Garnishment/Attachment: If Production Company shall be required, because of
the
service of any garnishment, attachment, writ of execution, or lien, or by the
terms of any contract or assignment executed by Writer, to withhold, or to
pay
to any other Party all or any portion of the
4
compensation
due Writer, the withholding or payment of such compensation or any portion
thereof in accordance with the requirements of any such attachment, garnishment,
writ of execution, lien, contract or assignment shall not be construed as a
breach by Production Company.
(d)
Overpayment/Offset: If Production Company makes any overpayment to Writer for
any reason or if Writer is indebted to Production Company for any reason, Writer
shall pay Production Company such overpayment or indebtedness on demand, or
at
the election of Production Company, Production Company may deduct and retain
for
its own account an amount equal to all or any part of such overpayment or
indebtedness from any sums that may be due or become due or payable by
Production Company to Writer or for the account of Writer and such deduction
or
retention shall not be construed as a breach by Production Company.
15.
Arbitration: This Agreement shall be interpreted in accordance with the laws
of
the State of Nevada, applicable to agreements executed and to be wholly
performed therein. Any controversy or claim arising out of or in relation to
this Agreement or the validity, construction or performance of this Agreement,
or the breach thereof, shall be resolved by arbitration in accordance with
the
rules and procedures of AFMA, as said rules may be amended from time to time
with rights of discovery if requested by the arbitrator. Such rules and
procedures are incorporated and made a part of this Agreement by reference.
If
AFMA shall refuse to accept jurisdiction of such dispute, then the parties
agree
to arbitrate such matter before and in accordance with the rules of the American
Arbitration Association under its jurisdiction in Nevada before a single
arbitrator familiar with entertainment law. The parties shall have the right
to
engage in pre-hearing discovery in connection with such arbitration proceedings.
The parties agree hereto that they will abide by and perform any award rendered
in any arbitration conducted pursuant hereto, that any court having jurisdiction
thereof may issue a judgment based upon such award and that the prevailing
party
in such arbitration and/or confirmation proceeding shall be entitled to recover
its reasonable attorneys' fees and expenses. The arbitration will be held in
Nevada and any award shall be final, binding and non-appealable. The Parties
agree to accept service of process in accordance with the AFMA Rules.
IN
WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day
and
year first above written.
"Production
Company"
/s/
Xxxxxxxx X. Xxxxx
Xxxxxxxx
X. Xxxxx, President
on
behalf
of Bridgefilms Inc.
"Writer"
/s/
Xxxxxx Nevis
Xxxxxx
Nevis
