|
 |
Novel to Screenplay Adaptation
Terms and Conditions
There is a requirement for the author to sign an agreement with Rolling Seas Promotions and the Screenplay Writer Daniel
Guardino. The following outlines the points of the agreement. No negotiation will be entered into with regards to the agreement.
The Author gives permission for the novel to be adapted into Screenplay form by Daniel Guardino.
Daniel Guardino will write the Script and upon completion thereof, Daniel Guardino and the Author of the novel shall be
Joint Owners of the script 50/50.
Upon completion of the adaptation, the Script shall be registered with the Writers Guild of America.
Any contract for the sale or other disposition of the Script shall require that the writing credit be given in the following
manner: Daniel Guardino, Screenwriter and [Author], Creator.
Either Party shall not sell, or otherwise voluntarily dispose of the Script, or their share therein, without the written
consent of the other, which consent, however cannot be unreasonably withheld.
It is further acknowledged and agreed that Mary Ann Amato shall be the exclusive agent of the Parties for the purpose of
sale or other disposition of the Script or any rights therein, until such agent is terminated by Daniel Guardino.
Adaptation contracts and Fees shall be negotiated between the screenwriter, Rolling Seas, and the author and/or publisher holding the 'Film Rights' to the book, or the producer, director or production company holding the 'Option Rights' for production. These fees and contracts will be no less than Industry Standard Fees and Terms at any given time.
Rolling Seas Promotions Pty Ltd, in their part of finding, reviewing, and forwarding said novel to
Daniel Guardino, and acting upon the behalf of the author in regards to the presentation of said novel to Daniel
Guardino, shall be compensated a commission of 10% from the sale or other disposition of the screenplay.
All money or other consideration whatsoever derived from the sale or other disposition of the Script shall
be applied as follows:
a. In payment of commissions, if any.
b. In payment of any expenses or reimbursement of either Party for expenses paid in connection with the Script.
c. To the Parties in proportion of their ownership.
It is further understood and agreed that, for the purposes of said Agreement, the Parties shall share hereunder,
unless otherwise stated herein, the proceeds from the sale or any and all other disposition of the Script and the rights
and licenses therein and with respect thereto, including but not limited to the following:
a. Motion picture rights
b. Sequel rights
c. Remake rights
d. Television film rights
e. Television live rights
f. Stage rights
g. Merchandising rights
h. Other media publication rights excluding book rights.
If either Party hereto shall be employed in any capacity other than in connection with the actual script
(e.g., as an Associate Producer), then the other Party shall not be entitled to either any compensation or
credit in connection therewith in regards to the employment.
If either Party hereto shall desire to use the Script, or any right therein or with respect thereto, in any
venture in which such Party shall have a financial interest, whether direct or indirect, the Party desiring to
do so shall notify the other Party of the fact and shall afford such other Party the opportunity to participate
in the venture or in the proportion of such other Party's interest in the Script. If such other Party shall
be unwilling or unable to participate in such a venture, such other Party shall have no further right of
participation, or to any compensation arising therefrom, other than their proportionate share in the sale
or other disposition of the Script to such a venture at its fair market value which, in the absence of mutual
agreement of the Parties, shall be determined by arbitration in accordance with the regulations of the Writers
Guild of America, West, Inc.
If any disputes shall arise concerning the interpretation or application of said Agreement, or the rights or
liabilities of the Parties arising hereunder, such disputes shall be submitted to the Writers Guild of America,
West Inc. for arbitration in accordance with the arbitration procedures of the Guild, and the determination of
the Guild arbitration committee as to all such matters shall be conclusive and binding upon the Parties.