Consultant Director's Agreement

IMPORTANT NOTICE

This agreement is a pro forma document provided by Screen NSW. This pro forma may however not adequately address important commercial and legal matters which are relevant to the other parties in this project. You should seek your own independent professional advice as to whether this document is suitable for your particular needs.

CONSULTANT DIRECTOR'S AGREEMENT

FOR DEVELOPMENT STAGE

TO:

(name of Production Company)

(ABN)

OF:

(address)

FROM:

(name of Director)

OF:

(address)

I AGREE IN CONSIDERATION of the payment to me of the total sum of A$ (exclusive of GST), to be paid in instalments of

$ on and

$ on

1. I will professionally and diligently act as Consultant Director on the draft ("Draft") of the screenplay ("the Screenplay") for the cinematograph film entitled (“Film”) in the period to .

2. All the work that I do pursuant to this agreement shall be your sole unencumbered property (including present and future copyright). Further, I hereby assign to you absolutely all the results and proceeds of my work with respect to the Draft and any contribution to the Screenplay and Film, (including all present and future rights), throughout the world in perpetuity.

3. I agree that you are free to adapt, assign, license or dispose of the benefit of this Agreement at your sole discretion, subject to remaining liable for your obligations under this Agreement.

4. To the extent that I have any moral rights in respect of the Screenplay, I hereby consent to material alterations to the Screenplay which you, your assignees, licensees and sublicensees deem necessary to develop the Screenplay and/or to produce and market the Film. To the extent that I have any moral rights in the Film, I hereby make the following consents (as set out in the Industry Accord) for the benefit of you, your assignees, licensees and sublicensees:

(i) to edit the Film to meet time slots;

(ii) to incorporate advertisements into the Film to be broadcast on television or transmitted on a diffusion service;

(iii) to meet the legal requirements of broadcasting authorities;

(iv) to ensure that the Film meets any legal requirements or classification requirements or to avoid a breach of law;

(v) to make foreign language versions by way of dubbing or subtitling the Film;

(vi) to make inflight and / or on-board versions of the Film;

(vii) to make non-interactive on-line versions of the Film; and

(vii) to use excerpts of the Film for the purpose of promotion of the Film including by way of teasers, advertisements and excerpts for promotion of copies.

5. I agree that you may use my name and likeness in connection with the development, production and marketing of the Film (and any ancillary rights).

6. I will maintain the strictest confidentiality with respect to all aspects of the Draft and the Screenplay and attend all meetings as you may reasonably request in the said period to discuss the Draft.

7. I will send a typewritten report on the Draft to Screen NSW by .

8. If GST is payable on the Fee, you will pay me an additional amount on account of GST, but only if I have provided you with a valid tax invoice.

9. I warrant that I am authorised to enter into this Agreement and that all my work is and will be original and will not infringe the rights of any third party.

Dated:

Signed and Agreed by:

......

Consultant Director Independent Witness

Signed and Agreed by:

......

For Production Company Independent Witness

Screen NSW Consultant Director’s Agreement 2009/10 1/2