Fillable Form Acquisition and Distribution Agreement

What is an Acquisition and Distribution Agreement?

An Acquisition and Distribution Agreement also referred to as a Theatrical Acquisition and Distribution Agreement, Distribution Agreement, Negative Pick-up Deal, or Pre-sale Deal, is a binding contract between the Production Company and the Distributor where the Distributor pays for all distribution, marketing, and advertising costs of a film.

You may download a PDF copy of an Acquisition and Distribution Agreement Template from websites that offer such templates. Otherwise, you may electronically fill it out on PDFRun for your convenience.

How to fill out an Acquisition and Distribution Agreement?

Date

Enter the date.

Name

Enter the full legal name of the representative of the Production Company.

Name of the Production Company

Enter the name of the Production Company.

Name

Enter the full legal name of the representative of the Distributor.

Name of the Distributor

Enter the name of the Distributor.

Term

This section states how long the agreement will be valid.

Distribution Term

Enter the number of years of the Distribution Term.

Grant of Rights

This section states that the Production Company shall grant the Distributor the exercise of all theatrical, television, and home video exhibition and distribution rights to the motion picture indicated in all languages and versions. The Production Company reserves for its use in non-theatrical distribution.

Territory

Enter the territory.

Picture

Enter the name of the motion picture.

No Encumbrances

This section states that the Production Company warrants that the rights they granted to the Distributor are free and clear from all restrictions, claims, encumbrances, or defects of any nature. The Production Company also agrees to pay or hold the Distributor harmless from all claims that additional payments are due anyone by reason of distribution, exhibition, telecasting, or re-running of the Picture or the receipt of its proceeds.

Credits

Enter how the Production Company shall accord the Distributor credit.

Indemnity

This section states that the Production Company shall indemnify and hold harmless the Distributor, its sub-distributors, and licensees from all charges, claims, damages, costs, judgments, decrees, losses, expenses, penalties, demands, liabilities, and causes of action of any kind or nature whatsoever by reason of arising out of a breach or claim fo breach or failure of the Production Company.

Limitation of Liability

This section states that the Distributor shall not be liable, responsible, or accountable to the Production Company for any action or failure to act on behalf of the Production Company within the scope of authority conferred on the Distributor under this Agreement unless such action or omission was performed or omitted fraudulently or in bad faith or constituted wanton and willful misconduct or gross negligence.

Errors and Omissions Insurance

This section states that the producer shall obtain and maintain or cause to be obtained and maintained throughout the term, Motion Picture Distributor Errors and Omissions insurance in a form acceptable to the Distributor from a qualified insurance company acceptable to the Distributor naming it and the Production Company, and each and all the parties indemnified as additional named insureds.

Assignment

This section states that this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. The Producer may assign its rights to the payment of monies.

The Distributor may not assign its rights without the prior consent of the Producer, as long as nothing will prevent the Distributor from assigning its rights to a successor company that may arise from the Distributor merging, being acquired, or partnering with another company.

Arbitration and Jurisdiction

This section states that the Agreement shall be interpreted under the laws of a particular state. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction, or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association under its jurisdiction in the place indicated before a single arbitrator familiar with entertainment law.

State

Select from the drop-down list the State where the Agreement shall be interpreted.

Jurisdiction

Enter the jurisdiction of the Agreement.

Waiver

This section states that no waiver of any breach of any provision of the Acquisition and Distribution Agreement Form shall constitute a waiver of any other breach of the same or any other provision hereof, and no waiver shall be effective except when it is made in writing.

Relationship of Parties

This section states that nothing contained in this Agreement shall be construed to create a joint venture or partnership between the parties. Neither of the parties shall hold itself out contrary to the terms of this provision, by advertising or otherwise, nor shall the Distributor or the Production Company be bound or become liable because of any representations, actions, or omissions of the other.

Captions

This section states that the captions of the paragraphs and sections of the Agreement are used solely for reference and they are not intended and shall not be deemed for any purpose whatsoever to modify, explain, or to be used as an aid in the construction of any provisions.

Amendments

This section states that this Agreement cannot be amended, modified, or changed in any way except through a written instrument duly signed by authorized officers of the Production Company and Distributor.

Entire Agreement

This section states that this Agreement contains the entire agreement between the parties with respect to the subject matter, and it supersedes all previous representations, understandings, or agreements between the parties regarding the subject matter thereof.

Signature

Have the representative of the Production Company affix their Signature.

Production Company

Enter the full legal name of the representative of the Production Company.

Signature

Have the representative of the Distributor affix their Signature.

Distributor

Enter the full legal name of the representative of the Distributor.

How to file an Acquisition and Distribution Agreement?

The Acquisition and Distribution Agreement Form must be signed by both the Production Company and the Distributor. Once signed, both parties must retain a copy of the Agreement. To make the Agreement binding to everyone else, you may have it acknowledged and notarized before a notary public.