1. DEFINITIONS
- “First Look Rights”: FilmArc’s contractual right to review projects before they may be offered elsewhere.
- “Project”: Any creative work (short, feature, doc, pilot) developed using FilmArc.
- “Credits”: Prepaid units required for FilmArc’s services.
- “Studio Packages”: Higher-tier development services accessible if FilmArc accepts a project.
- “Equity Participation”: FilmArc’s retained ownership/revenue share in a project.
2. FIRST LOOK RIGHTS
By creating a project with FilmArc, User grants FilmArc exclusive First Look Rights. If FilmArc passes, User may shop the project elsewhere. If FilmArc accepts, User continues development exclusively with FilmArc.
3. ADVANCEMENT TO HIGHER-TIER PACKAGES
Accepted projects gain access to Studio Packages, subject to quality controls including editing, milestone reviews, and promotion oversight.
4. EQUITY PARTICIPATION & REVENUE SHARING
FilmArc retains equity in accepted projects. Higher share if FilmArc edits/promotes; lower share if User handles independently. Percentages set in project-specific agreements.
5. DISTRIBUTION & ONE-YEAR PROVISION
User must seek distribution. If no sale within 12 months, FilmArc may use the film internally/commercially (including its streaming platform). User compensated at standard rates, minus FilmArc costs.
6. CREDIT SYSTEM & USER RESPONSIBILITY
User is responsible for purchasing credits to complete projects. Insufficient credits may delay/prevent completion. Credits are non-refundable except as required by law.
7. REPRESENTATIONS & WARRANTIES
User represents their project is original and legal. FilmArc warrants commercially reasonable effort and legal compliance.
8. INDEMNITY
Each party indemnifies the other against claims, damages, or expenses from breaches, legal violations, or third-party rights issues.
9. LIMITATION OF LIABILITY
FilmArc’s liability is limited to the total value of credits purchased. No liability for indirect/consequential damages.
10. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Florida. Disputes will first go through negotiation, then binding arbitration under AAA rules.
11. TERM & TERMINATION
Agreement remains in effect unless terminated. FilmArc may terminate for material breach. Rights under Sections 2–5 survive termination.
12. MISCELLANEOUS
Entire Agreement. Amendments in writing only. No assignment without FilmArc’s consent. If any provision is invalid, the rest remain enforceable.