This Post Production Services Agreement (the “Agreement”) entered into this 26th day of August 2010 between Empire Post Media, Inc. (the “Contractor”), and Brain/Storm Pictures (the “Customer”).
WHEREAS, Customer is developing and preparing for production a feature length documentary film presently titled “Brain/Storm”, and
WHEREAS, Contractor is in the business of providing post production work for feature films, andWHEREAS, the Customer and Contractor desire to enter into an agreement whereby the Contractor will perform post production services for the Customers’ documentary film.
IT IS THEREFORE AGREED:The Project. The project is the production of a feature-length documentary presently titled “Brain/Storm” about innovative treatments currently being used with military personnel who have suffered severe brain injuries in combat. The planned documentary, with a running time of approximately 90 minutes, will include interviews, re-enactments shot both on location and on sound stages, including "green screen" effects shots and underwater photography, B-roll and stock footage from a variety of sources. Customer shall have total responsibility for creation and production of all production elements, including but not limited to those described above, and undertakes to deliver such elements to Contractor in a High Definition Digital format. Customer intends to commence delivery of such elements to Contractor no later than October 4, 2010.
Post Production Services. Contractor agrees to perform post production services for the documentary film, including editing, creation and rendering of effects, digital compositing, sound effects, sound mix, color correction and mastering and deliverable outputs of the finished documentary, all of which is described in more detail, along with Contractor's rates, in Exhibit A attached hereto and made a part hereof (the “Services”). Music will be provided by Customer in a “ready to mix” format. Any variances, including added work or overages, will be mutually agreed upon between the parties, before such work is undertaken.
Consideration. Contractor agrees to provide the Services and Customer agrees to pay for the Services at the rates set forth on Exhibit A attached hereto and made a part hereof, for a total consideration of $170,000.
Further Terms and Conditions. The parties hereto, agree that all Services and payment for Services shall be governed by the Contractor’s Standard Terms and Conditions set forth in Exhibit B attached hereto and made a part hereof.
Notices. Any notice or other communications required or permitted under this Agreement shall be in writing and may be delivered , personally, by facsimile, or by prepaid registered mail addressed to the addresses set forth below, or to such other address as the addressee may have specified by notice under this provision. Any such notice or other communication, if delivered or mailed, shall be deemed to have been given when received, and if by facsimile, shall be deemed to have been given when the appropriate transmission report acknowledging receipt is received by the sender. All notices shall be sent to the parties as follows:
If to Contractor: If to Customer: Xxxxx Xxxx, President Xxxxxx X. Xxxxxxxxx Brain/Storm Pictures 000 Xxxxx Xxxxxxx Xxxxx, Xxx. 000 0000 Xxxxxxxx Xxxxx Xxxxxxx Xxxxx, XX 00000 Xxx Xxxxxxx, XX 00000 Fax No. (000) 000-0000 Fax No. ___________ Courtesy copy to: Xxxxxxx X. Xxxxxxx Law Offices of Xxxxxxx X. Xxxxxxx 00000 Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx Xxxxx, XX 00000 Fax No. (000) 000-0000IN WITNESS WHEREOF , the parties hereto have executed this Post Production Services Agreement as of the date first set forth above.