Collaborator Participation Agreement
Last updated: 13 February 2024
This Agreement (the “Agreement”) by and between Hightail Entertainment Ltd, registered company number 15423667 in England & Wales (“Producer”) and Collaborator (“Collaborator”) in regard to the relevant motion picture production (the “Work”).
Representations and Warranties
Collaborator shall render all services customarily rendered in their role in motion picture projects.
Collaborator specifically grants, sells and assigns all rights to the Work to Producer, including the rights:
To make unlimited motion picture versions of the Work or any part or parts thereof, in any format or delivery system, whether now known or hereafter invented.
To make copies and reproductions of the Work on any material, whether now known or hereafter invented.
To televise, transmit, reproduce, distribute, exhibit, advertise, and exploit the Work in any manner, whether now known or hereafter invented.
To secure copyright and renewals and extensions of copyright for the Work worldwide, in the name of and for the benefit of Producer.
If the Collaborator has any on-screen role, they also specifically grant, sell and assign the rights:
To photograph and record Artist’s voice, performances, poses, actions, plays and appearances, and to use Artist’s picture, photograph, silhouette and other reproductions of Artist’s physical likeness and voice in connection with the Work.
To copy, reproduce, televise, transmit, distribute, exhibit, advertise, and exploit all still pictures, motion pictures, sound recordings, or other forms of the Artist’s likeness in connection with the Work in any manner, whether now known or hereafter invented.
Compensation
Primary Compensation: Collaborator acknowledges that they will receive no upfront or guaranteed monetary compensation for performance or services rendered.
Contingent Compensation: If Producer or its assignee distributes a motion picture materially based on the Work, and Collaborator is not in breach of this Agreement, then Producer shall pay to Collaborator contingent compensation equal to the their allocated percentage of any profit, as share outlined in the production’s Points and Shares document, payable within 90 days of receipt.
Producer will reimburse the Collaborator’s reasonable travel expenses, as agreed in writing. Expenses are to be submitted via the Expense Reimbursement Form within 14 days.
Rights Granted
Producer specifically grants and assigns the right to the Collaborator to use the Work, motion picture versions of the Work, or any part or parts thereof in the Collaborator’s portfolio, and for use of self-promotion by the Collaborator, provided appropriate credit is given to other parties involved in the making and distribution of the Work and related motion picture.
Credit and publicity
Collaborator will be granted an on-screen credit as offered in their welcome email.
All publicity, paid advertisements, press notices, or other information with respect to the exploitation of any of the rights granted hereunder by Collaborator to Producer shall be under the sole control of Producer, and Collaborator shall not consent and/or authorise any person or entity to release such information without the express prior written approval of Producer.
Additional Terms
This Agreement may be modified or amended, if both parties agree in writing.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a party defaults by failing to substantially perform any provision, term, or condition of this Agreement, (including the failure to make a monetary payment), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default(s) or provide a comprehensive plan for doing so. Unless waived by a party providing notice, the failure to cure the default within an agreed time period shall result in the automatic termination of the Agreement.
Both parties do hereby agree at all times to mutually hold harmless from any and all claims, demands, liabilities, losses, costs or expenses (including attorneys’ fees) or causes of action arising out of or in connection with the usage of the Work, and in connection with production and distribution of the motion picture.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation between the parties.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement.
Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably held.