PERFORMANCE RIGHTS/PRODUCTION LICENSE
(Last Edit: September 20, 2023 at 5:53pm EST)
THIS AGREEMENT, made on the date of your purchase receipt/invoice from the TLCScripts.com website, (“Effective Date”), By and between, your company as listed on your purchase receipt/invoice from the TLCScripts.com website, (hereby known as “Theater”) and J&G UNLIMITED, LLC, D.B.A. TLC Scripts doing business at the website www.TLCScripts.com (hereby known as “Licensor”):
The Licensor is the sole licensing authority for the copyrighted play(s) or musical(s) you have licensed through our website as per your purchase receipt (hereby known as “Work” or “the Work”), which Theatre desires to present as part of its upcoming theatrical season. Upon the following mutual terms, covenants, and considerations, the Licensor hereby grants the Theater this license to present the Work:
The Theater represents and warrants that it is organized and operated as a COMMUNITY Theater, as that term is generally understood in the industry. (Theater does not operate under a contract with Actors’ Equity Association.) The Theater further understands that the terms of this agreement and the Licensor’s grant of a production license are based upon said representation.
This license is on a non-exclusive basis.
Headings herein are for organization and ease of locating information purposes only, not to affect change to the contents of this agreement.
- Theater agrees it will present the work, licensed through Licensor’s website, with the show dates and run length represented on Theater’s purchase receipt/invoice from Licensor’s website.
GUARANTEED ROYALTIES PLUS A PERCENTAGE:
- Theater agrees to pay the Licensor a non-refundable advance guaranteed royalty as per Theater’s receipt from Licensor’s website which is due and payable upon the acceptance of this agreement and selection of the purchase button from Licensor’s website.
- The amount represented on Theater’s invoice from Licensor’s website is based on the number of seats in Theater’s venue * the number of performances Theater will do of this Work * Theater’s average ticket price * one of the following: for a Children’s work, 3%; for a Play, 4%; for a Musical, 6%.
- Theater will advise Licensor and pay additional royalties based on any additional shows added, tickets sold, or changes in the average ticket price.
- Licensor will send to Theater, a Materials Package for the Work consisting of the items listed on the product page of the Work. This includes 1 script for each character, 1 script for the director, 1 script for lighting tech, 1 script for audio engineer, 1 script for stage manager and 1 script each for 2 crew members.
- Musicals will also receive one copy of the piano/vocal score book or optionally the Full Orchestrations when available. Additional fees might apply for the full orchestrations.
- Also included (if applicable to the Work) is a Press Play sound effects CD for this production.
- Scripts are printed 2-sided in black and white with full-color covers and a spiral binding which makes handling of the script during rehearsals very easy.
- The cost of this Materials Package is also included in Theater’s purchase receipt/invoice from Licensor’s website and paid in full at the time of purchase.
- Theater will also be responsible for the shipping charge, one way only, to the Theater.
- No later than two weeks after receipt of Theatre’s paid order, through which Theater agreed to this contract, Licensor will send the required Materials Package to Theatre.
- Materials Package will be retained by Theater for Theater’s use. There is no requirement for the return of same.
- If there is a show-specific ancillary product available for a Work, 1 copy will be included in your Materials Package for use in the show.
- Theater will have the option to purchase additional copies of these ancillary products at a wholesale price from Licensor, to sell to their audience members.
- Ancillary product purchases are separate from Performance Rights Licensing and Materials Packages.
- Any ancillary products purchased by Theater from Licensor may be returned to Licensor, and Licensor will reimburse Theater for those items returned in original, saleable condition.
- Return shipping will be paid by Theater.
- Any additional ancillary products that the Theater wishes to be considered for sales connected to this licensed performance, must be discussed and approved by the Licensor, and written consent must be given by Licensor with fully negotiated terms and conditions. Such consent will not be unreasonably withheld.
CHANGES, ALTERATIONS & OMISSIONS:
- THEATER WILL NOT MAKE ANY CHANGES, alterations, and/or omissions to the Play, from the Author’s manuscript, without the Author’s written consent. Theater will take reasonable steps to advise its artistic personnel of its obligation in this respect.
- Any changes, alterations, suggestions, or additions to the Play, to which the Author consents, will become the Author’s sole property, regardless of who contributed such changes or suggestions.
- The Author may, at Author’s sole discretion, incorporate same, or any portion of same, into Author’s copyright, as well as into future productions and/or publication of the Play without owing compensation to anyone. Theater will take reasonable steps to advise its artistic personnel of its obligation in this respect.
- Theater agrees to hold Author and Licensor harmless for any material copyrighted and/or owned by others used in its production of the Play and to obtain permission for and pay any fees as may be necessary for same. Theater will indemnify and hold Author and Licensor harmless from any liability occasioned by Theater’s failure to secure said permissions.
- Licensor hereby represents and warrants that Author is the sole creator of the Play; that no part of it, to Author’s or Licensor’s knowledge, infringes upon or violates the rights of other persons or entities; or infringes upon or violates the rights or privacy or publicity of any other persons or entities; that there are no claims or liens against the Play that would prevent Theater’s production thereof, and that Author has the full right and authority to enter into this license. Author and Licensor further agree to indemnify and hold Theater harmless for any breaches of this paragraph.
PROGRAM/MARKETING CREDITS (also known as “Billing Credits”):
- The Author will receive prominent billing credits in all programs, advertising, and publicity within the Theater’s control in at type not less than 30% of the title substantially as follows:
NAME OF THE WORK
Written by SAPPERSTEIN and MURWAY
Represented and Licensed by J&G UNLIMITED, LLC.
- Upon notice by the Licensor of an error in Author’s billing credit, the theater will promptly rectify said error.
PERFORMANCE RIGHTS PROVIDED:
- Licensor reserves all rights not expressly granted to Theater by this agreement.
- This Agreement does not, expressly or by implication, grant to the Theater any implied or ancillary rights, subsidiary, or merchandising rights.
- Theater is acquiring merely a simple license to present the Play, for the number of performances, and during the time-period stated previously herein.
- Except as specified in this contract, Theater will not, for any reason, make cause, or allow any recording of the Work, or excerpt thereof, by audio, videotape, or other means, by itself, its personnel, or any other individual or organization without the Licensor’s express written consent.
- In all its programs and by announcement prior to each performance, Theater will notify its patrons that all recordings, by audio, videotape, or other means, are expressly forbidden.
- Recordings “for the archives” are permitted only for the purpose of maintaining a record of performance for the Theater. If such a recording is made, Theater must provide a copy of the recording to the Licensor.
- Theater gives the Licensor full ownership of said recording for Licensor to use such recording in any way Licensor sees fit for advertising or promotion purposes.
- Notwithstanding the above, the Theater may authorize an excerpt from the Play, not to exceed 300 (three hundred) seconds, to be recorded/filmed by a commercial or public radio or television station, for the sole purpose of publicizing the production of the Play, provided, however, the Theater will receive no compensation, or profit, directly or indirectly, for authorizing any such radio or television presentations. Any such excerpt may not include material that may require the permission of persons other than the Licensor.
- Author or Author’s representative may attend all performances without cost and will be entitled to a total of two (2) complementary tickets for each performance during the run.
- Author or Author’s representative may, in addition, attend all rehearsals of the Play.
- Theater will provide Licensor with copies of all promotional/publicity material, including press releases, flyers, and programs; ONE (1) set of production photographs; ONE (1) copy of all newspaper and magazine articles regarding its production; and ONE (1) copy of all reviews not later than TEN (10) days after the final performance.
- This document constitutes the entire agreement between the Theater and the Licensor and may not be modified, except by an instrument in writing, signed by both parties.
- All disputes will be resolved through arbitration to be held in Bucks County, Commonwealth of Pennsylvania, by a professional arbitrator, in accordance with the Commercial Rules of the American Arbitration Association.
- The arbitrator shall require the losing party to pay the reasonable costs and attorney fees of the prevailing party. Any court of competent jurisdiction may enter judgment upon the arbitrator’s award.
Notices and correspondence hereunder will be sent to the parties at the following addresses:
LICENSOR: J&G UNLIMITED, LLC
Attn: Dept. of Performance Rights
80 Forest Drive
Doylestown, PA 18901
THEATER: As provided on Licensor’s website when purchasing licensing.
IN WITNESS WHEREOF, each of the parties has agreed to this contract as of its Effective Date herein above stated.
Theater’s purchase of rights on Licensor’s website (www.TLCScripts.com) and subsequent checking of the box that agrees to the terms outlined herein, constitutes its acceptance of these terms and agreement to be bound by them.