| Financial Terms |
| 1. |
Ownership in the film equivalent to the percentage of the total budget invested and then in a split favorable to Bigfoot Partners, either 67/33 or 75/25 (depending on the nature of the project) which will be the split from net profits after all recoupments and salary deferrals. |
| 2. |
Bigfoot Entertainment will recoup its funds in first position and will get a percentage return (to be negotiated) before other investors begin to recoup. |
| 3. |
A Bigfoot production accountant and/or production executive will be assigned to oversee the production accounting, and have the right to review and control production expenses and budget. |
| 4. |
Filmmaker(s) may not raise additional funds (including last in/first out) for purpose of completion of the film or for P&A which alters Bigfoot's recoupment position without Bigfoot's complete prior approval. |
| 5. |
To the extent that the filmmaker controls production or acts as a producer, filmmaker shall be responsible for any overages exceeding the approved budget plus contingency, and must provide the financial means to accommodate those overages, or alternatively Bigfoot shall have a right to lend such funds to filmmaker on terms to be determined by Bigfoot Entertainment. |
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| Rights |
| 1. |
Music: (a) right of first offer to act as distributor on the soundtrack, (b) right to produce two songs (preferably one in the credits), have at least one song on soundtrack album (c) a right of first refusal to produce and distribute a music video of the title song or other songs, (d) right to create a musiclearn video |
| 2. |
Ability to include actor Mick Gleissner in the cast, as appropriate for the script in a role that is on screen 4-5 minutes. www.mickgleissner.com. The filming of his part must take place in Asia. If there are additional costs incurred by doing a unit shoot in Asia, Bigfoot will shoulder the additional costs above and beyond the normal budget. |
| 3. |
Movielearn rights: right to create an enhanced DVD with the Movielearn application. Rights to include the ability to integrate the film in part or whole within these and other Movielearn educational products. Production company must ensure that all distribution agreements will not prevent Bigfoot from distributing the Movielearn version of the DVD. [ For more info, go to www.movielearn.com |
| 4. |
Right to produce a "Behind the Scenes" separate use video and/or possible bonus track, with production company to obtain necessary releases and access to talent as well as negotiate terms with actors for use of the material, especially from SAG actors. |
| 5. |
Free usage screening rights for all Bigfoot Properties including the offices in Singapore, Hong Kong, Cebu and Los Angeles. These are screenings of up to 100 people for promotional and publicity reasons, as well as employee screenings. |
| 6. |
Bigfoot Entertainment shall receive a production credit in the Picture and all marketing and packaging materials. Michael Gleissner shall receive an Executive Producer credit in the Picture and all marketing and packaging materials where a billing block occurs. Placement and other criteria will vary based on size of investment. |
| 7. |
Bigfoot Entertainment's logo will appear in all advertising the same as with other production companies investing in the film, and will be mentioned by name in all advertising and press releases as the other production companies investing in the film. The logo will appear at least as large as all other major contributors. |
| 8. |
All distribution rights in Asia (as negotiated). Distribution rights for (all) ASIAN countries. The distribution rights shall include all rights and licenses in the copyrighted works in or part of the Picture, included rights and licenses in/to the screenplay, musical score/soundtrack and separation rights in all media now known or hereafter devised. Right to modify or enhance the Picture for the Asian markets. |
| 9. |
Bigfoot's family of companies can get logo, name or product placement if it is feasible for the script. |
| 10. |
If Filmmakers are not able to find distribution for the film within a specified period of time, then Bigfoot Entertainment shall have the right to act as the distributor. |
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| Other Conditions |
| 1. |
The film must be produced at least 51% in English language dialogue. Any non-English dialogue must be subtitled in English.
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| 2. |
The filmmakers will utilize Bigfoot Entertainment's Cebu soundstages and other Cebu locations if it is appropriate for the script, at a highly discounted rate for the filmmakers. |
| 3. |
Bigfoot shall have final approval rights on material script changes, budget and talent. |
| 4. |
If feasible, the filmmakers will make themselves available for a short period of time as guest lecturers or mentors at the Cebu International Academy of Film and Television, sister company to Bigfoot Entertainment. |
| 5. |
Bigfoot Entertainment reserves the right to choose governing law and jurisdiction for all contracts, legal proceedings and arbitrations. |
| 6. |
Filmmakers agree to cooperate meaningfully with Bigfoot Entertainment marketing and PR team to assist with promotion and marketing of the film. |
| 7. |
Filmmakers cannot use United Airlines for any travel related to the film. |
| 8. |
Filmmakers and crew shall fly economy class and stay at reasonably priced hotels, with reasonable per diem rates. |
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| Documents / Deliverables Needed |
| 1. |
Final Shooting script |
| 2. |
Final Shooting Budget |
| 3. |
Proof of copyright or chain title |
| 4. |
Documents regarding the incorporation of the production company |
| 5. |
Evidence of a contingency bond |
| 6. |
Daily production reports and weekly cost reports (during production) |
| 7. |
Errors and Omissions policy and other necessary insurance |
| 8. |
Filmmakers must sign a Completion Guaranty (personal guaranty of initiators) |
| 9. |
Timely access to all marketing materials and trailers (post-production) |
| 10. |
Production dailies, a first cut, final cut and trailer(s) all on DVD format |
