Exclusive Production Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Production Agreement

"I need an Exclusive Production Agreement for a digital content creation project where my Sydney-based production company will be the exclusive provider of video content for a major streaming platform throughout 2025, with specific focus on Australian content and rights management."

Document background
The Exclusive Production Agreement is a critical legal document used in the Australian entertainment and media industry when a party wishes to secure exclusive production services from a production company. This agreement type is particularly important when commissioning parties need to ensure dedicated access to production resources and capabilities while maintaining control over content quality and delivery. The document encompasses essential elements required under Australian law, including competition law compliance for exclusive arrangements, intellectual property rights protection, and industry-specific regulatory requirements. It's commonly used for television productions, film projects, digital content creation, and other media productions where exclusive rights and clear production parameters are crucial. The agreement typically includes detailed specifications about production standards, delivery requirements, payment structures, and rights management, all framed within the Australian legal context.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the production company and the commissioning party

2. Background: Sets out the context and purpose of the agreement, including basic information about the production and parties' capabilities

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the exclusive appointment and general scope of production services

5. Term and Exclusivity: Specifies the duration of the agreement and exclusivity terms

6. Production Requirements: Outlines the specific requirements, standards, and specifications for the production

7. Rights and Ownership: Addresses intellectual property rights, ownership of production materials, and licensing terms

8. Payment Terms: Details the fee structure, payment schedule, and any additional costs

9. Obligations and Responsibilities: Lists specific duties and responsibilities of each party

10. Delivery and Acceptance: Specifies delivery requirements, timeline, and acceptance criteria

11. Warranties and Representations: Contains warranties from both parties regarding their capacity and rights

12. Confidentiality: Governs the handling of confidential information

13. Termination: Sets out termination rights and consequences

14. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution

Optional Sections

1. Insurance: Details specific insurance requirements - include when high-value productions or specific risks are involved

2. Quality Control: Specific quality assurance processes - include for complex or high-stakes productions

3. Marketing and Promotion: Marketing rights and obligations - include when promotional activities are part of the scope

4. Territory Rights: Geographical restrictions and rights - include for international productions or specific territorial limitations

5. Talent Provisions: Specific provisions relating to key talent - include when particular talent is crucial to the production

6. Distribution Rights: Distribution terms and channels - include when distribution is part of the agreement

7. Force Majeure: Specific force majeure provisions - include for long-term or high-risk productions

8. Credits and Attribution: Detailed crediting requirements - include when specific attribution is important to either party

Suggested Schedules

1. Production Specifications: Detailed technical requirements, formats, and specifications

2. Production Schedule: Detailed timeline, milestones, and delivery dates

3. Budget and Payment Schedule: Detailed breakdown of costs and payment milestone schedule

4. Key Personnel: List of key team members and their roles

5. Deliverables List: Comprehensive list of all required deliverables

6. Technical Requirements: Specific technical standards and requirements

7. Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Insurance Requirements: Detailed insurance specifications and coverage requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Broadcasting

Film & Television

Digital Content

Advertising

Music Industry

Gaming

Corporate Communications

Publishing

Digital Media

Events & Live Entertainment

Relevant Teams

Legal

Production

Operations

Business Affairs

Commercial

Content

Project Management

Business Development

Rights Management

Creative Services

Relevant Roles

Production Director

Executive Producer

Legal Counsel

Content Director

Business Development Manager

Creative Director

Operations Manager

Contract Manager

Media Rights Manager

Project Manager

Head of Production

Commercial Director

Chief Content Officer

Production Coordinator

Business Affairs Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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