NOTE: The Limited Representation Agreement is only required when applying to Job Opportunities posted on Open Screenplay by Agents, Buyers, or other third parties.
By submitting your name and/or script materials (the “Work”) or writing services (the “Service”) hereunder the applicant writer (“Writer”) acknowledges and agrees that Open Screenplay Inc. (“OSI”) is hereby appointed and authorized to act as your exclusive agent in connection with the representation of the Work and or Service and any potential supplementary writing service engagements in connection with the ongoing development thereof through the Open Screenplay online platform, for a period of three (3) years from the date of your submission (the “Term”). OSI’s representation will automatically terminate at the end of the Term unless extended by mutual written agreement. Notwithstanding the foregoing, if OSI is actively in formal negotiation with any third party client/producer for the potential licensing of Writer’s Work and/or engagement of Writer’s writing services then the Term shall automatically extend until such negotiations are concluded, for up to 90 days. In OSI’s capacity as agent OSI shall use reasonable commercial efforts during the Term to assist Writer in securing and negotiating terms for the licensing and/or purchase and/or engagement of Writer’s services in connection with Writer’s submission of the Work, provided that OSI shall not be authorized to enter into any agreement on Writer’s behalf without Writer’s approval, except to the extent that the terms of such deal have been disclosed and pre-approved as part of the submission process or otherwise in direct communication between OSI and Writer. Writer acknowledges that OSI may have professional business relationships entitling OSI to compensation for the procurement of talent and materials with the Hiring Party acquiring the Work and/or engaging Writer’s services and that this will not be considered a conflict of interest.
Writer agrees that should Writer secure a license and/or sale of the Work and/or an agreement for the engagement of Writer’s writing services as a result of OSI’s representation of the Work and Writer through the Open Media platform then OSI shall be entitled to receive an agency commission (the “Representative Fee”) equal to 10% of the Gross Compensation secured and received by Writer from the licensing and/or sale of the Work and/or engagement of Writer’s writing services in connection therewith. For the purpose of this Agreement, the term “Gross Compensation” includes all amounts and consideration earned from the Work including, but not limited to fees, buyouts, royalties, residuals, salaries, bonuses, shares of profit or things of monetary value which are directly or indirectly generated for the account of the Writer or any person related to or affiliated with the Writer, but does not include any expense per diems or reimbursements received by the Writer, and also includes all Gross Compensation directly or indirectly generated for the account of the Client or any person related to or affiliated with the Client from any renewal, extension or reinstatement of contracts entered into by the Writer during the Term, whether such renewal, extension or reinstatement occurs during the Term or following its termination; and does not include: amounts received by the Writer for reasonable travel expenses, meal allowances or the reimbursement of out-of-pocket expenses, engagers’ contributions to any trade association or guild or union, or payments received from any insurance and retirement plan.