Finders Fee Agreement Legal Forms and Contracts

The following free agreement or contract should be used when an agreement is needed to memorialize the finder's position in the movie creation process. This agreement and contract is being provided for information and research purposes only, however it is a valid legal contract and agreement. Always consult an Attorney or Lawyer. Help improve this agreement by leaving a comment.

FINDER AGREEMENT

THIS AGREEMENT, made and entered into as of ____________________, by and between ____________________ (Finder) and ____________________ (Producer) with respect to the following facts:

A. Producer owns, controls or otherwise has the right to produce a screenplay tentatively entitled ____________________ ("Picture") written by ____________________.

B. Finder is a company engaged in financing and distribution activities in the motion picture business.

C. The parties want to enter an agreement whereby Finder would be encouraged to introduce Producer to third parties (herein collectively referred to as the "Financier" or "Financiers"), who may be interested in lending for, investing in, or in any other way financing all or a portion of development, production and/or distribution of the Picture.

WHEREFORE, for good and valuable consideration, the parties agree as follows:

1. SERVICES; TERM: Commencing on the date hereof, and continuing until the earlier of (a) termination by either party of this Agreement, or (b) the concluding of an agreement between Producer (or any designee, assignee, transferee, or other successor-in-interest of Producer in or to the Screenplay and/or Picture, collectively referred to hereinafter as "Producer") and a Financier, Finder shall use its best efforts to introduce Producer to parties who may be interested in financing, investing or lending money with respect to the production of the Picture or otherwise in becoming a Financier. The foregoing period of time is hereinafter referred to as the "Term.".

2. COMPENSATION: If at any time during the Term or any time thereafter, Producer enters into any agreement with any Financier (introduced to Producer by Finder) to invest in, lend for, or finance production and/or distribution of the Picture, then Finder shall receive an amount equal to five percent of the amount of any funds, credits or other consideration paid or lent by Financiers to Producer and used by Producer in the development and Production of the Picture, provided, that the amounts paid to Finder shall not exceed a total of ____________________. Moreover, if Finder obtains ninety percent (90%) or more of the total financing needed to produce the Picture, ____________________ shall receive "Executive Producer" credit. Finder shall receive his Commission when Producer has the right to use the amounts provided by financier(s).

3. NO OBLIGATION: Nothing in this agreement shall obligate Producer to enter into an agreement with any Financiers.

4. NO SALE OF SECURITIES: Finder agrees not to sell or offer to sell securities related to investing in the development and/or production of the Picture. Finder agrees to indemnify and hold Producer harmless from all damage and expense (including reasonable attorneys' fees) upon a breach or claim of breach of this provision.

5. RELATIONSHIP OF THE PARTIES: Finder is an independent contractor and shall not act as an employee, agent or broker of Producer.

6. FINDER'S REPRESENTATIONS AND WARRANTIES:

Finder represents and warrants to Producer that the following statements are true and correct in all respects:

A. Finder is in the business of arranging financing and international distribution of motion pictures, has substantial experience in said business, is not insolvent or in any danger of insolvency or bankruptcy, and is not in dissolution proceedings.

B. Finder represents and warrants to Producer that Finder has the full and complete authority to enter into this agreement, and that there is no outstanding claims or litigation pending against Finder.

If Finder breaches any of its warranties and representations, or otherwise breaches this agreement, Producer, in addition to its other equitable and legal remedies, may rescind this agreement and recover any reasonable amounts expended by Producer in developing or exploiting this property with Finder, and reasonable attorney fees. Finder shall at all times indemnify and hold Producer, its licensees, assignees, officers, employees and agents harmless against and from any and all claims, damages, liabilities, costs and expenses, including reasonable attorney fees arising out of any breach or alleged breach by Finder of any of representation, warranty or other provision hereof.

7. ADDITIONAL DOCUMENTS: Finder agrees to execute, acknowledge and deliver to Producer and to procure the execution, acknowledgment and delivery to Producer of any additional documents or instruments which Producer may reasonably require to fully effectuate and carry out the intent and purposes of this agreement.

8. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement or the validity, construction or performance of this Agreement or the breach thereof, shall be resolved by arbitration according to the rules and procedures of the American Arbitration Association, as they may be amended. Such rules and procedures are incorporated herein and made a part of this Agreement by reference. The parties agree that they will abide by and perform any award rendered in any such arbitration and that any court having jurisdiction may issue a judgment based upon the award. Moreover, the prevailing party shall be entitled to reimbursement of reasonable attorney fees and costs.

9. ASSIGNMENT: Finder shall not have the right to assign this agreement or any part hereof.

10. SECTION HEADINGS: The headings of paragraphs, sections and other subdivisions of this agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, construe this agreement or any part or provision thereof or otherwise be given any legal effect.

11. ENTIRE AGREEMENT: This agreement contains the full and complete understanding and agreement between the parties with respect to the within subject matter, and supersedes all other agreements between the parties whether written or oral relating thereto, and may not be modified or amended except by written instrument executed by both of the parties hereto. This agreement shall in all respects be subject to the laws of the State of ____________________ applicable to agreements executed and wholly performed within such State.

AGREED TO AND ACCEPTED:

_______________________________

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"Finder"

_______________________________
____________________
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"Producer"