Film and television project cooperation agreement Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ Legal address: _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ Legal representative: _ _ _ _ _ _
Job title: _ _ _ _ _ _ _ _ Job title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ Authorized Agent: _ _ _ _ _ _
ID number: _ _ _ _ _ ID number: _ _ _ _ _ _
Contact: _ _ _ _ _ _ Contact: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fixed telephone: _ _ _ _ _ Fixed telephone: _ _ _ _ _ _
Fax: _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _
1, _ _ _ _ _ _ (hereinafter referred to as Party A) is a legal person established in People's Republic of China (PRC), and has the right to co-shoot or produce feature films with others, and its legal address is _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ (hereinafter referred to as Party B) is an independent company established in People's Republic of China (PRC) according to law, with the right to invest and engage in film production, and its legal domicile is _ _ _ _ _ _ _ _ _.
2. In order to promote cultural exchanges and improve the quality of mass entertainment life, Party A and Party B decide to jointly invest in the film and television drama "_ _ _ _ _ _" (hereinafter referred to as film and television drama).
3. In view of this, based on the principles of voluntariness, equality, mutual benefit, honesty and credibility, both parties have reached the following contract terms through full friendly negotiation for common compliance.
Article 1 Budget and investment
The total investment budget for film and television dramas is initially determined to be RMB _ _ _ _ _ _ _. Among them, Party A is responsible for staffing, shooting equipment, etc. , the discount rate is _ _ _ _ _, accounting for _ _ _ _ _ percent of the total investment budget. The contribution of Party B is RMB _ _ _ _ _ _, accounting for _ _% of the total investment budget.
Article 2 Mode of investment
Party A and Party B * * * contribute in the same way, including directly contributing in cash or discounting labor services, commodities and advertising time. The above investment funds shall be paid to the account designated by both parties: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Within _ _ _ _ _ _ _ working days after the signing of this contract, both parties shall pay the down payment of _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _). If one party fails to pay the deposit on time, the other party has the right to unilaterally terminate this contract and sign a similar contract with a third party.
After the project is confirmed, Party A and Party B shall pay off the balance of the investment within one week before the start, otherwise it will be regarded as a breach of contract, and the observant party has the right to claim compensation from the defaulting party.
Party A and Party B shall fulfill their respective capital contribution obligations in full and on time, otherwise it will be deemed as a waiver of any right to participate in the co-production of this film and television drama, and compensate the other party for all losses suffered as a result.
Article 3 Composition of the film crew
The main creative elements of film and television drama, such as early creativity and script writing, are determined by both parties through consultation, and the main creative personnel of film and television drama (screenwriter, producer, director, main actor, etc.). ) negotiated and determined. In addition, Party A and Party B shall also send relevant technicians to participate in the whole shooting.
1. The TV crew consists of Party A and Party B..
2. Both parties agree that the producer of film and television drama is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. The director of film and television drama is _ _ _ _ _ _ _ _ _
4. The actors in this film are designated and provided by _ _ _ _ _ _ _ (Party A or Party B), and the relevant materials are submitted for approval according to the prescribed procedures with the consent of the other party;
5. The crew, equipment and important shooting sites of the film crew shall be insured, and the insurance premium shall be borne by the film crew.
Article 4 Shooting and Post-production
The shooting cycle of film and television drama shall be agreed by Party A and Party B, starting from _ _ _ _ _ _ _ _ _.
1, boot time: _ _ _ _ _ _ _;
2. Downtime: _ _ _ _ _ _ _;
3. Release date: _ _ _ _ _ _.
The main shooting locations and shooting scenes of film and television dramas shall be determined by Party A and Party B through consultation according to the needs of the plot.
Article 5 the right to sign
The signature format, specific location and font size of Party A and Party B, producers, screenwriters, directors, actors and other cast members and thank-you units in TV drama subtitles and related derivative products shall be decided by Party A and Party B through consultation according to relevant state regulations.
Disputes arising from signature shall be settled by both parties through consultation; Party A and Party B agree that this dispute will not affect the performance of other terms of this contract.
Article 6 Producers
Producers of film and television dramas are jointly appointed and hired by Party A and Party B to participate in the production of TV dramas or appointed and hired by one party, but the producers appointed and hired by them must be approved by the other party.
Article 7 Project approval
Party A shall complete the project of film and television drama within _ _ _ _ _ _ days from the effective date of this contract, and the repertoire that is not planned for the project shall not be put into production.
After the filming of the film and television drama is completed, Party A is responsible for preparing relevant materials and submitting them to the corresponding review institutions for review. If it is really necessary to modify or delete it, it shall be completed according to the opinions of the examination institution, and the relevant expenses shall be included in the shooting cost.
Article 8 Term of Contract
The validity of this contract is _ _ _ _ _ _ years from the effective date of this contract, and takes effect from _ _ _ _ _ _. Unless otherwise provided by law or agreed by the parties.
Article 9 the script determines
Without the consent of either party, either party shall not make any substantial changes to the characters and plots in the TV drama literature script agreed by both parties, otherwise all the adverse consequences arising therefrom shall be borne by the party that makes the changes without authorization.
Article 10 Management of daily affairs
Party A appoints _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The remuneration of the full-time person in charge enjoys the production treatment of this film (Party A/Party B shall specify the work content and salary standard). They helped coordinate the expenses of food, accommodation, transportation, telecommunications and so on, which were borne and reimbursed by both investors.
During the validity of this contract, either party shall notify the other party in writing in advance if it changes the full-time person in charge.
Article 11 Establishment and supervision of special accounts
The full-time person-in-charge designated by both parties shall start work on the effective date of this contract, and open a special account for film and television drama co-production within _ _ _ _ _ days from the effective date of this contract, which will be abolished after filming (including modification and re-filming as required). The special account is managed by the full-time person-in-charge designated by both parties to supervise the investment and expenditure of funds of both parties. The procedures for withdrawing funds from the special account shall be separately agreed by both parties as an annex to this contract.
Article 12 Profit distribution and loss burden
The net profit or loss arising from the joint production of film and television dramas shall be distributed by Party A and Party B according to the specific circumstances in accordance with the agreed capital contribution ratio. The so-called net worth refers to the total income of co-production of film and television dramas (including the sum of tangible property and intangible property) MINUS the total expenditure of shooting TV dramas. When calculating the net value, all expenses must be paid directly for filming film and television dramas and other items agreed by both parties.
All taxes payable shall be implemented in accordance with the laws of People's Republic of China (PRC), and shall be borne by Party A and Party B respectively according to the agreed contribution ratio.
A supplementary agreement shall be signed separately by Party A and Party B for the profit distribution or loss bearing mode of film and television drama as an annex to this contract.
Article 13 Finance and Accounting
Party A and Party B shall keep account books and accounting records of relevant businesses in the main shooting places of film and television dramas. The account books and accounting records shall meet the requirements of People's Republic of China (PRC)'s financial and accounting regulations. The appointed full-time financial personnel are obliged to provide the legal representatives of Party A and Party B and their appointed full-time responsible persons with regular financial statements (including monthly reports, quarterly reports and annual reports) and temporary statements provided upon request under special circumstances.
The legal representatives of Party A and Party B and their designated full-time responsible persons have the right to access, check and verify accounting books and other accounting records at any time without hindering the production progress of film and television dramas.
Article 14 Financial settlement
Party A and Party B shall make weekly settlement according to the accounting system. At the end of each accounting Zhou Du, a comprehensive and accurate accounting settlement should be made for the joint production of TV series. Zhou Du accounting should determine the net profit and loss of this week, and according to the specific situation in accordance with the provisions of the proportion recorded in the accounting books.
In Zhou Du's accounting settlement, if the total amount of funds in the special account for joint shooting exceeds the total amount of reserve funds required for shooting, both parties will allocate them according to the agreement. If any party has debts to the joint venture shooting project, it should first offset its debts from its due amount.
Article 15 Property ownership and its derivative rights
Unless otherwise agreed by both parties, all tangible and intangible properties formed by the joint production of film and television dramas and their derivative rights belong to both parties. Among them, intangible property includes, but is not limited to, the copyright of film and television dramas, commercial operations and other intellectual property rights of a property nature derived from the film promotion process.
Party A and Party B enjoy equal management and control over the rights related to the creation of works, commercial operation, promotion and distribution of TV dramas and the application of relevant laws, that is, the exercise of these rights must be agreed by both parties. At the same time, it will be publicized, distributed and promoted in the names of both parties.
Article 16 confidentiality
Without the consent of the other party, neither party may disclose the plot, actors, shooting progress and other relevant information of the film and television drama to any third party before the film and television drama is released. If this contract does not come into effect, neither party shall disclose the business secrets known during the signing process.
Party A and Party B promise to keep confidential the documents and materials (including business secrets, company plans, business activities, financial information, technical information, business information and other business secrets) learned from each other during the discussion, signing and execution of this Agreement. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is _ _ _ _ _ _ _ years.
If either party violates the above confidentiality obligations, it shall compensate the other party for the economic losses suffered.
Article 17 Restrictions on the transfer and mortgage of assets
Without the written consent of the other party, neither party shall mortgage or sell any property, assets and intangible rights related to the joint production of film and television dramas, nor transfer or mortgage its rights and interests in film and television dramas, nor lend the funds used for the joint production of film and television dramas to any third party, nor generate any expenses, responsibilities and obligations related to film and television dramas. Otherwise, all the adverse consequences arising therefrom will be borne by yourself.
Article 18 Both parties guarantee that
Party A:
1. Party A is an enterprise legally established and existing, and Party A has the right to sign and have the ability to perform this contract.
2. All procedures (_ _ _ _ _ _) required for Party A to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party A's performance of this contract.
4. The internal authorization procedures required for Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After this contract comes into effect, it is legally binding on both parties.
Party B:
1. Party B is a legally established and existing enterprise, and has the right to sign and have the ability to perform this contract.
2. All procedures (_ _ _ _ _ _) required for Party B to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party B's performance of this contract.
4. The internal authorization procedures required for Party B to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party B. After this contract comes into effect, it is legally binding on both parties.
Article 19 Prohibition of business strife
On the premise of ensuring the necessary time, funds and other related obligations for the joint production of this film and television drama, either party may participate in the commercial operation of any other film and television drama and television program of any type and nature independent of the other party except this film and television drama, but shall not participate in the investment projects of film and television drama, TV drama and television program that compete with this film and television drama.
When one party participates in the above-mentioned commercial operation, it does not need to inform the other party, and it has absolute ownership of the proceeds of the commercial operation, and it is not necessary to provide the other party with corresponding commercial investment opportunities. Neither party shall claim any rights against the other party for this reason.
Article 20 Reasons for exemption
Force majeure:
1. If either party to this contract fails to perform all or part of its obligations under this contract due to force majeure, the performance of this obligation shall be suspended during the period when the force majeure prevents it from performing its obligations.
2. The party claiming to be affected by the force majeure event shall notify the other party of the occurrence of the force majeure event in writing within the shortest possible time, and provide the other party with appropriate evidence about the force majeure event and its duration and written materials that the contract cannot be performed or needs to be postponed within _ _ _ _ days after the occurrence of the force majeure event. The party claiming that the performance of this contract is objectively impossible or unrealistic due to force majeure events has the responsibility to make every reasonable effort to eliminate or mitigate the impact of such force majeure events.
3. In case of force majeure, both parties shall immediately decide how to implement this contract through friendly negotiation. After the force majeure event or its influence is terminated or eliminated, both parties shall immediately resume their respective obligations under this contract. If the force majeure and its influence cannot be terminated or eliminated, so that one party to the contract loses the ability to continue to perform the contract, both parties may terminate the contract through consultation or temporarily postpone the performance of the contract, and the party suffering from force majeure shall not be responsible for this. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities.
4. The term "force majeure" as mentioned in this contract refers to any unpredictable, even predictable, inevitable and insurmountable event beyond the reasonable control of the affected party, which occurs after the signing date of this contract, making it objectively impossible or unrealistic for the affected party to perform all or part of this contract. These events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons and earthquakes, as well as social events such as wars (whether war is declared or not), riots, strikes, government actions or legal provisions.
Other exemptions:
1. If the filming of the film and television drama is delayed due to circumstances beyond the control of both parties other than the force majeure events specified in this contract, including but not limited to abnormal weather, illness, accidental injury or death of the main actor, Party A and Party B shall immediately take remedial measures and negotiate to determine the extension time of the filming plan; Therefore, if the filming of the film and television drama is not completed according to the original shooting plan, neither Party A nor Party B will be liable for breach of contract.
2. If the filming of film and television drama is delayed for more than _ _ _ _ _ _ days due to the circumstances specified in this article, either party may terminate this contract by giving a written notice to the other party.
Article 21 Termination of the Contract
In case of any of the following circumstances, Party A and Party B may terminate this Contract in writing:
1. The guarantees made by Party A and Party B in this contract are untrue;
2. Party A and Party B go bankrupt, dissolve or have their business licenses revoked according to law;
3. Film and television dramas that Party A and Party B cannot start due to violation of the provisions of this contract;
Article 22 Termination of the Contract
Party A and Party B agree that the performance of this contract will be terminated under any of the following circumstances:
1. The term of this contract expires;
2. Party A and Party B unanimously agree to terminate this contract through a written agreement;
3. The film and television drama is still unqualified after being examined by the examination institution or modified;
4. The purpose of the contract cannot be achieved due to force majeure;
5. Before the expiration of the time limit, one of the parties clearly indicated or indicated by his own behavior that he would not perform the main obligations of the contract;
6. One party delays the performance of the main obligations of the contract and fails to perform within a reasonable period after being urged by the other party;
7, the parties have other breach of contract or illegal behavior, so that the purpose of the contract can not be achieved;
8、_________。
Article 23 liquidation
Once this contract is terminated, both parties shall terminate the business activities related to this contract and liquidate the related property. Assets and income related to film and television dramas shall be liquidated in the following order:
1. Pay the liquidation fee, the creator's salary and related insurance fees;
2. Pay the taxes owed;
3. Pay off the foreign debt;
4. The remaining funds shall be distributed according to the proportion of capital contributions made by Party A and Party B. ..
Undistributed property rights and derivative rights will be regarded as undistributed property rights and jointly owned by both parties.
Article 24 Notification
1. According to the requirements of this contract, all notices sent by one party to the other party, documents exchanged between the two parties and notices and requirements related to this contract must be in written form and can be delivered by _ _ _ _ _ _ (letter, fax, telegram, face-to-face delivery, etc.). ). If the above methods cannot be delivered, you can take the form of announcement.
2. The mailing addresses of all parties are as follows:
Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. If one party changes its notice or mailing address, it shall notify the other party in writing within _ _ _ _ _ days from the date of change; Otherwise, the uninformed party shall bear the relevant responsibilities arising therefrom.
Article 25 Modification of the Contract
This contract is the only contract reached between Party A and Party B for the joint production of film and television dramas, which clearly stipulates the rights, obligations and responsibilities of both parties. Any previous agreement, commitment, modification, negotiation or statement shall be invalid if it is not explicitly stated in this contract.
During the performance of this contract, in case of special circumstances, either party needs to change this contract, and the changing party shall notify the other party in writing in time. After obtaining the consent of the other party, both parties shall sign a written change agreement within the specified time limit (within _ _ _ _ _ days after the written notice is issued), and this agreement will become an integral part of this contract. Without a written document signed by both parties, neither party has the right to change this contract, otherwise, the economic losses caused to the other party shall be borne by the responsible party.
Article 26 Dispute settlement
1. This contract shall be governed by and construed in accordance with the laws of People's Republic of China (PRC).
2. Disputes arising from the performance of this contract shall be settled by both parties through consultation, or mediated by relevant departments; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ _ way:
(1) Submit to _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(2) bring a lawsuit to the people's court according to law.
Article 27 Interpretation of contracts
The understanding and interpretation of this contract should be based on the purpose of the contract and the original intention of the text. The title of this contract is only for the convenience of reading and does not affect the interpretation of this contract.
Article 28 Supplements and Annexes
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, Party A and Party B may reach a written supplementary contract. The annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 29 the validity of a contract
This contract shall come into effect as of the date when both parties or their legal representatives or their authorized representatives sign and affix their official seals or special seals for the contract.
The validity period is _ _ _ _ _ _ _ years, starting from _ _ _ _ _ _ _.
The original contract was on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (seal): _ _ _ _ _ _ _ _ _ Party B (seal): _ _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _? Legal representative (signature): _ _ _ _ _ _
Authorized agent (signature): _ _ _ _ _? Authorized Agent (signature): _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _? Signing place: _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _