This contract is made this _______ day of _______ between
_________________________ `The Manager'
AND____________________
Of _____________________'The Writer'
In respect of a play of approximately ____________ in length provisionally entitled_____________
IT IS AGREED as follows:
1. ITC/ GUILD AGREEMENT All terms and conditions and definitions of the Agreement between the Independent Theatre Council and The Writer's Guild of Great Britain dated ..................... (`The Agreement') shall be read in conjunction with and automatically incorporated in this Form of Engagement. The Agreement shall mean both the Collective Agreement and The Minimum Terms and Conditions.
2. COMMISSIONED/ NON-COMMISSIONED PLAY EITHER (Delete as appropriate) (i) COMMISSIONED PLAY The Manager agrees to commission the Writer to write the play in consideration of an agreed fee of _________________.
The fee shall be paid as follows:
____________ on signature of this Agreement
_____________ on delivery of the first full draft of the script
_____________ on decision to produce
____________ on the day of the first full performance
OR
(it)NON-COMMISSIONED PLAY The Manager agrees to pay the Writer an agreed fee of _________
The fee shall be paid as follows:
_____________ on signature of the contract
*_________________ on commencement of the rewrites
*_______________ on delivery of the rewrites
'Delete if rewrites not required.
_________________ on the day of the first full performance
3 GRANT OF RIGHTS The Writer grants to The Manager the exclusive right to present the play in the United Kingdom (excluding the West End) in accordance with Clause C4 of the Agreement.
4. ROYALTIES The Manager agrees to pay to the Writer a royalty of _________________ of net box office receipts (as defined in The Agreement) or payments in lieu of box office after the Manager has received net income (as defined in The Agreement) of ____________ from the run of the Play. The Manager agrees to inform the Writer in writing when the net income reaches said amount and to provide a statement certified by the Manager. The said royalty shall if applicable be payable to
_________ (Writer or Writer's Agent) within 14 days of last performance in each month in which performances are given and shall be accompanied by a statement of the net box office and any payments paid in lieu of box office certified by the Manager.
. WRITER'S AGENT
The Writer hereby authorizes and requests the Manager to pay all monies payable to the Writer hereunder to the Writer's Agent
_________________________ whose receipt shall be a full and sufficient discharge therefore.
All payments detailed herein are exclusive of VAT and accordingly the Writer shall, if registered, be entitled to VAT subject to submission of the appropriate VAT invoices, which the Manager undertakes to pay promptly on receipt.
6. EXPENSES
[Any special stipulations in respect of expenses should be entered here]
--
MANAGEMENT PARTICIPATION
Provided that all sums in A - C above have been paid in full then provided that the Writer's net income from any further exploitation of the Play (excluding income from foreign language exploitation) shall have exceeded a threshold of ______________ the Manager shall be entitled to receive ____________ of the Writer's net income in excess of that threshold (excluding foreign language income and after deduction of Agents' commission and" VAT only) for a period of up to five years dating from the first full performance.
8. SCRIPT PROCESS The Writer agrees to deliver one fair typed copy of the script to the Manager by ___________
The Manager agrees to consider and discuss the Play with the Writer by_____________________
The Writer agreed to deliver a fair typed copy of the rewritten script by ____________ (Delete if not applicable)
The Manager agrees to inform the Writer in writing of the decision to • produce by _____________ OR ____________ (if no rewrites are required). [ENTER ANY SPECIAL ARRANGEMENTS/TIME SCALE HERE]
9. PRODUCTION SCHEDULE The first full performance of the Play must take place by
_____________________________________________
The final performance of the Play must take place by
______________________________________________
10. WRITER'S UNDERTAKING The Writer confirms all warranties and undertakings expressly set out in Clause C of The Agreement and the same shall apply in full to this Form of Engagement. Details of any previous performances or licenses are outlined in Schedule B attached to this Form of Engagement.
11. MORAL RIGHTS (a) The Writer asserts the Writer's rights to be identified as the author of the Play under Section 77 of the Copyright Designs and Patents Act 1988 as follows:
______________ being the Author of the work entitled
hereby assert generally my moral right to be identified as its author.
(b) The Manager recognizes the Moral Rights of the Writer as provided in Chapter 4 of the Copyrights Designs and Patents Act 1988 or any modification thereof for the time being in force.
12. CREDITS (i) The Writer's credit shall be
______________by_______________
(ii) The Manager's credit shall be
first performed by __________________________ on ______________________________
As witness the hands of the parties aforementioned this _______________________________
____________________________ _____________________________________
The Writer the Manager