Depiction Release- Life Story (Option Purchase Format)

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This Life Story Depiction Release is between an individual and a producer who desires to produce a motion picture based on that individual's life. This release sets forth the basic terms of the arrangement and it is important the release be set out in writing. This Life Story Depiction Release is for use in all states and available for immediate download.

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This Life Story Depiction Release is between an individual and a producer who is interested in producing a motion picture based on the individualís life. This release sets out the basic terms of the arrangement including the amount paid for the story rights (including those for television, mini-series or sequels) and producerís option to produce the life story. It is imperative that this release be set out in writing rather than left to oral interpretation. A well-written Life Story Depiction Release will be invaluable to both parties in the event of disagreements, misunderstandings or litigation.

This Life Story Depiction Release includes the following provisions:
  • Parties: The identities of the parties involved;
  • Compensation: Sets out the compensation paid for use of the life story;
  • Consulting Services: Individual agrees to act as creative consultant and will be paid for those consulting services;
  • Releases: Individual agrees to obtain releases (at no additional cost) from individuals who are part of or depicted in the life story;
  • Assignments: Producer has the right to sell, license or assign any rights under this release;
  • Signatures: Both parties must sign and date this depiction release.

Protect Yourself and your Rights by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Information
  2. Life Story Depiction Release
State Law Compliance: This form complies with the laws of your state
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28005
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Depiction Release  Deal Memo
Option-Purchase Format

 

 
LIFE STORY DEPICTION RELEASE
(Deal Memo)
 
 
   
   
   
   
 
 
 
 
Dear    :
 
As I mentioned, I am interested in producing a motion picture about your life story.
 
This letter is intended to set forth the basic terms of our agreement regarding acquisition of the exclusive right and option to purchase all motion picture, television and allied rights in connection with your life story. Please feel free to consult an entertainment attorney or an agent before signing this document.
 
Our agreement is as follows:
 
1) In consideration of the mutual promises contained herein, _________________ ($_________________) receipt of which is hereby acknowledged, and other valuable consideration, you grant me (“Producer”), the exclusive and irrevocable right to purchase the motion picture, television and all allied, ancillary and subsidiary rights for the period of one year from the date of the signing of this agreement. Producer shall have the right to extend the initial option period for an additional year (first renewal period) by sending notice to you prior to the expiration of the initial period, along with the payment of _________________ ($_________________) which sum shall be applicable against the full purchase price. Furthermore, Producer shall have the right to extend the option period for an additional year by sending notice to you prior to the expiration of the first renewal period, along with the payment of _________________ ($_________________) which sum shall be applicable against the full purchase price.
 
2) If producer enters into a development deal with a television network or a major studio, producer shall pay you _________________ ($_________________) which sum shall be applicable against the full purchase price.
 
3) Producer promises to use his best efforts to produce a television program or feature film about your life story, and is acting in reliance upon your promises in this agreement.
 
4) If the option is exercised, Producer shall compensate you as full and final consideration for all rights conveyed as follows:
  a) Television Movie-of-the-week or Mini-Series: A sum in the amount of _________________ ($_________________) for a motion picture made for television based on the material.
 
  b) Theatrical Motion Picture: A sum equivalent to 2.5% of the final production budget, up to a maximum payment of _________________ ($_________________) for a theatrical motion picture based on the material.
 
  c) Television Series: A sum in the amount of _________________ ($_________________) for the pilot episode and the sum of _________________ ($_________________) for each episode thereafter.
 
  d) Sequels and Remakes: For any sequel or remake of a theatrical or television motion picture based on the Property, one-half and one-third, respectively, of the amount paid for the initial motion picture, payable upon commencement of principal photography of the subsequent production.
 
Unless otherwise stated, all of the consideration described in this paragraph shall payable upon completion of principal photography.
 
5) Consulting Services: You agree to serve as a creative consultant in connection with any production made under this agreement at the option of the producer. You shall receive _________________ ($_________________) per week for each week your services are required, not to exceed four weeks unless both parties agree otherwise. If you are asked to travel more than fifty miles from your home, Producer shall furnish you with round-trip transportation and accommodations. Prior to the time that the option is exercised, at Producers request you shall disclose, without compensation, any information in your possession or under your control relating to your life story, including newspaper and magazine clippings, photographs, transcripts and notes, and you will consult with any writer hired by Producer, and share with him your observations, recollections, opinions and experiences concerning events and activities in your life story.
 
6) If the option is exercised, Producer will obtain the perpetual, exclusive and irrevocable worldwide right to depict you, whether wholly or partially factual or fictional, and to use your name or likeness and voice, and biography in connection with the material and any production and the advertising and exploitation thereof in any and all media whether now known or hereafter invented. This grant includes the unconditional right to use, simulate and portray your name, likeness, voice, personality, personal identification and personal experiences, incidents, situations and events have occurred or will occur (in whole or in part) based upon or taken from your life or otherwise in and in connection with motion pictures, sound recordings, publications and any and all other media of any nature whatsoever, whether now known or hereafter devised. Without limiting the generality of the foregoing, it is understood and agreed that said exclusive right includes theatrical, television, home video, dramatic, radio, sound recording, music, publishing, commercial tie-up, merchandising, advertising and publicity rights in all media of every nature whatsoever. You reserve no rights with respect to such uses. (All said rights are hereinafter referred to as the “Granted Rights”). It is further understood and agreed that the Granted Rights may be used in any manner and by any means, whether now known or unknown, and either factually or with such fictionalization, portrayal, impersonation, simulation and/or imitation or other editing and modification as Producer, his successors and assigns, determine in Producers sole discretion. You further acknowledge that you will receive no further payment with respect to any matter referred to herein. Any and all of the Granted Rights are freely assignable by Producer. While it is Producers intention to portray your story as factually as possible, Producer shall have the right to include such actual or fictional events, scenes, situations and dialogue as it may consider desirable or necessary in Producers sole discretion. Producer shall have complete creative control over the story and your portrayal.
 
7) You hereby release and discharge Producer, his employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that you may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement. Producer may refrain from using your real name and may use a pseudonym which will be dissimilar to your real name, however, such agreement does not preclude Producer from the use of your real name should he so elect.
 
8) You agree to use your best efforts to procure for Producer at no additional cost, those releases Producer deems necessary from individuals who are a part of your life story or depicted in any information or materials you may supply Producer.
 
9) You understand that Producer shall not be obligated under this agreement to exercise any of its rights or to initiate production.
 
10) Producer may sell, assign and/or license any of its rights under this agreement. You agree to execute any other assignments or other instruments necessary or expedient to carry out and effectuate the purposes and intent of this agreement. You agree to execute a complete long-form agreement with the customary language covering grants of biographical rights and a full release which will waive any claims or actions you may have against Producer arising from the exercise of any of its rights under this agreement.
 
11) No breach of this agreement shall entitle you to terminate or rescind the rights granted herein, and you hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with the production, distribution, exploitation, exhibition or use of any of the rights herein granted, it being our understanding that your sole remedy shall be the right to recover damages with respect to any such breach.
 
12) Nothing in this agreement shall ever be construed to restrict, diminish or impair the rights of Producer to utilize freely, in any work or media, any story, idea, pilot, theme, sequence, scene, episode, incident, name, characterization or dialogue which may be in the public domain from whatever source derived.
 
13) This agreement shall be governed and controlled by the laws of the State of _________________. This agreement constitutes the entire agreement between the parties and cannot be modified except in writing. Neither of the parties have made any promises or warranties not set forth herein.
Sincerely,
 
 
   
Producer
 
 
 
AGREED TO AND ACCEPTED
 
 
 
   
Subject
 
 
DATE:    
 
 
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