REV 2020 OP Episodic Lab Writer Agreement

LEAD ARTIST AGREEMENT

This is an agreement between the undersigned (“Artist”) an independent contractor, and The Association for the Development of Dramatic Arts (dba Orchard Project) a nonprofit New York corporation at 330 West 42nd Street, Suite 2316, NY, NY 10036 hereinafter referred to as “Orchard Project,” in connection with the Artist’s participation as writer, lead artist or company representative in the Orchard Project. Artist is the legal owner of the rights to the project listed below (the “Project”). This agreement outlines the services the Orchard Project will provide the Artist as part of Artist’s participation in Orchard Project’s Episodic Lab program and is meant to be seen as a vehicle whereby participants help the Orchard Project, a non-profit organization, sustain its commitment to supporting artists on an ongoing basis. The Orchard Project encourages the Artist to use their time and support from the Orchard Project to experiment, develop new ideas, generate content, and interact with their fellow resident artists and the community. It should be a time of rich exploration, and the Orchard Project aims to help in whatever way they can to assist the Artist.

WITNESSETH:

Orchard Project is desirous of having the Artist join the Orchard Project for the period of time set out below as an artist in residence. The Artist will work as an independent contractor to promote the arts set forth in the charter of Orchard Project and more specifically set out below. Artist is desirous of working with and joining the Orchard Project for said purposes. Therefore, in consideration of the resources hereinafter mentioned and the covenants contained herein, the parties agree as follows:

1. WHAT THE ORCHARD PROJECT PROVIDES: In order to support Artist’s work, the Orchard Project agrees to provide Artist with:
   1. A 6-week virtual residency in the Orchard Project’s summer program. The residency will include project development support, industry mentorships, community support, and project goal support.
2. REHEARSAL/WORK SPACE: Orchard Project will provide a virtual work space for the Artist, inclusive of collaborators, via Zoom or another similar software platform during the residency period.
3. PROPERTY: The creative work and efforts of the Artist shall be and remain the property of the artist in residence.

4. CREDITING: In consideration for the Orchard Project supporting the Artist and their work as an artist in residence, Artist agrees that, in the case of sale or option of their pilot/show (the “Picture”), Orchard Project will be entitled to the following, subject to the approval and policies of the studio, network, financier and/or distributor of the Picture, provided that Artist shall make good faith efforts to obtain such approval:

   1.     Orchard Project will receive a credit in the form of "This show/picture was supported by the Orchard Project Episodic Lab" along with Orchard Project's wordmark in the Picture's end crawl, in a size of type not less than that of the largest end crawl credit, following the cast list. (Orchard Project will provide the Orchard Project wordmark.) Orchard Project shall have the option in its sole discretion to withdraw its credit from the Picture by written notice prior to the initial commercial release of the Picture.

   2.     For up to 1 year from the completion of the Orchard Project’s Episodic Lab program, Artist will include a description of Orchard Project's contribution to the Picture (such description subject to consultation with Orchard Project) in Artist’s biography in connection with the exploitation to the Picture.

   3.     The Artist will use good faith efforts to include references to Orchard Project and Artist’s participation in the applicable Lab in all publicity for the Picture. The Artist shall use good faith efforts to provide the Orchard Project's developmental credit in all publicity and press releases about the Picture, wherever full production credits appear

   4.     Solely in circumstances when the aforementioned credit is under Artist’s control, should Artist egregiously fail to provide the credit as mentioned, Artist will be considered in breach of this agreement and agree to pay reimbursement for incurred costs.

5. PUBLICITY: The Artist hereby grants the Orchard Project the non-exclusive right to issue and authorize publicity concerning the Artist and/or the Project, and to use the Artist’s name, likeness and biographical information in connection with the Orchard Project’s information and promotional materials.

6. INDEPENDENT GUEST: During the residency at Orchard Project, the Artist is an independent guest. The Artist agrees to be responsible for their own actions as they pertain to the virtual community and state and federal laws and regulations.
7. COMMUNITY INVOLVEMENT: The Orchard Project summer program is being held virtually. The Artist is encouraged to attend and participate in all of Orchard Project virtual events, programs, etc. The Orchard Project believes these events help to foster a sense of community among the artists and are an avenue for connecting with each other and supporters of the program.
8. CODE OF CONDUCT: During the residency, the Artist agrees to respect the Orchard Project’s virtual spaces. The Artist is expected to conduct themself in an appropriate manner, and respect all others in residence.
   
   While Orchard Project anticipates that all artists in residence will conduct themselves in a mature and generous way, it is the individual artist’s responsibility to immediately report any incident or allegation of harassment, whether verbal, physical, and/or visual, to the Managing Director, or in their absence, to any board member. Orchard Project prohibits unlawful harassment, including, but not limited to, race, age, religion, disability, sexual orientation, etc. Orchard Project will conduct such investigations as warranted under the circumstances and take action if needed. Orchard Project will take reasonable steps to maintain confidentiality and restrict access to information to persons who need to know. Orchard Project’s Managing Director has the responsibility of investigating and resolving complaints of harassment. Orchard Project considers harassment to be a major offense that can result in the termination of a residency.
   
   Orchard Project reserves the right to terminate a residency if there is an indication that an Artist’s behavior during a residency at Orchard Project will or does jeopardize the quality of the experience for other artists in residence, collaborations with affiliate organizations and community relations.
9. EQUAL OPPORTUNITY: It is the policy of Orchard Project that there shall be no discrimination with respect to selection of the Artist because of race, color, sexual orientation, religion, national origin, gender, age, physical limitations or military status.
10. STATEMENT OF LIMITED LIABILITY: Artist understands and acknowledges that participation in the Orchard Project does not in any way constitute an express or implied endorsement or approval by the Orchard Project of the content of the Project or any opinion expressed therein. As between Artist and Orchard Project, Artist shall remain fully and solely responsible for the content of the Project; any suggestions or feedback given to Artist by or on behalf of the Orchard Project is for Artist’s consideration only, and the Orchard Project does not assume any express or implied liability and does not make any express or implied warranty as to any changes, additions or deletions made to the Project as a result of Artist’s participation in Orchard Project programs. The Orchard Project assumes no liability or responsibility for any injury, accident, illness, loss of personal property, debts, defamation claims, or other damages, liabilities, direct, incidental, consequential, indirect, or punitive damages arising out of or connected with the Project or that may be incurred by Artist or anyone else associated with the Project, directly or indirectly, during the course of, or as a result of Artist’s participation in Orchard Project programs. Artist agrees to indemnify and hold harmless the Orchard Project, its officers, directors, employees, creative advisors and other participants in any of the Orchard Project’s programs from any claim of any type made against the Orchard Project and/or any of the foregoing arising from this Agreement.
    
    The Artist warrants that they own all rights in the Project and the obligations of the Artist under this Agreement do not and will not require the consent or approval of any third party. Artist shall require any assignee, licensee or designee of any of Artist’s rights to the Project to perform the Artist’s obligations under this agreement.

THE ARTIST ASSUMES ALL RESPONSIBILITY FOR COMMUNICATING THE REQUIREMENTS OF THIS AGREEMENT TO OTHER PARTIES, SUBLICENSEES AND OTHERS. IF THE INCLUSION OF THE AFOREMENTIONED CREDIT IS OUT OF THE ARTIST’S CONTROL, ARTIST WILL PURSUE BEST ATTEMPTS TO BOTH CORRECT OMISSIONS AND MAKE THE ORCHARD PROJECT PREEMPTIVELY AWARE OF SUCH OMISSION.

I understand and agree with this Agreement. Please acknowledge by e-signing your full entire name below.