WRITER’S AGREEMENT

This Agreement effective , 200_,

BETWEEN:

______, (the “Producer”)

AND:

______, (the “Writer”)

  1. SERVICES: Producer hereby retains Writer to perform and Writer agrees to perform writing services (the “Services”) in relation to the production of a proposed program currently entitled “______” (the “Production”) on the terms and conditions set out below. Literary materials and all other products of the Services are referred to collectively in this Agreement as the “Work”. The Services shall include the preparation and delivery of the following: treatment/script.
  1. USE OF WORK: Producer may, in his sole discretion, use or not use the Work or any part thereof, and may make any changes in, deletions from or additions to the Work.
  1. PERFORMANCE STANDARD: All of the Services shall be rendered promptly, professionally and efficiently and in accordance with the instructions of, and under the control of, Producer.
  1. WARRANTIES, REPRESENTATIONS, INDEMNITIES:

(a)Writer warrants and represents that:

(i)all of the Work shall be wholly original, except as to matters within the public domain and except as to material inserted by Writer pursuant to specific instructions provided by Producer;

(ii)none of the Work shall infringe upon or violate the rights of privacy or publicity of, or constitute defamation against, or violate any common law or any other rights of, any person, firm or corporation;

(iii)Writer is a Canadian citizen and not a non-resident of Canada within the meaning ascribed to that term under the Income Tax Act (Canada).

(b)Writer undertakes and agrees to indemnify Producer from all liabilities and claims arising out of any breach of Writer’s warranties and representations. This indemnification shall apply only to materials created or furnished by Writer, and shall not extend to changes or additions made therein or thereto by Producer or by other writers hired by Producer to work on the Production.

(c)Producer undertakes and agrees to indemnify Writer from all liabilities and claims arising out of any material supplied by Producer for incorporation into the Work.

(d)A party receiving notice of any claim or action subject to indemnity hereunder shall promptly notify the other party.

  1. OWNERSHIP OF THE WORK: Writer hereby assigns to Producer the sole and exclusive ownership throughout the world and in perpetuity of all rights, title and interest of every kind and nature (including without limitation copyright and the right to create derivative works based on the Work) in the Work, and waives his or her moral rights in and to the Work.
  1. ASSIGNMENT: This Agreement is not assignable by Writer. Producer may 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 executory obligations of Producer hereunder.
  1. WRITING CREDIT: Provided that Writer satisfactorily completes all of Writer’s obligations under this Agreement, Writer shall receive an on-screen credit on all copies of the Production.
  1. BINDING EFFECT: This Agreement shall enure to the benefit of and be binding on the Writer’s heirs, executors, administrators, successors and assigns, and on the Producer’s successors, assigns, licensees and grantees.

Signed, sealed and delivered by the undersigned as of , 200_.

(seal)

PRODUCER

(seal)

WRITER

PL# 92933/Writers sample agreement.doc