Director of Photography Agreement

THIS AGREEMENT is made and entered into at Ernakulam on_____day of _______ 2021

BETWEEN

_______________ (hereinafter referred as “Production House”), with its registered office at

______________________. The term Production House includes the licensees, assignees,
future owners, or other acquirers or successors-in interest of the Production House.

AND

_________________, Director of Photography (hereinafter referred as “DOP”) R/o

_______________________. In the event of the DOP’s death or total incapacity, “DOP” means
the DOP’s heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest.

Production House and DOP shall hereinafter jointly be referred to as the "Parties" and severally
as the "Party"

WHEREAS the Production House is in the business of entertainment and production of feature
films for worldwide exploitation in all formats and the DOP is the chief over the camera and the
light crews working on a film and is responsible for making technical and artistic decisions
related to the image;

AND WHEREAS the Production House intends to produce a theatrical motion picture
(hereinafter referred as “Picture”) based upon a certain screenplay tentatively titled
_______________(hereinafter referred as “screenplay”) which Picture is intended for initial
theatrical exhibition. The term “Picture” as herein used, shall include, but shall not be limited to,
a motion picture produced, recorded, exhibited or transmitted by any means now or hereafter
known.

AND WHEREAS the Production House wishes to utilize the services of DOP in connection with
the Picture upon the terms and conditions herein contained.

ACCORDINGLY, IT IS AGREED AS FOLLOWS:

1. Consideration:

The Production House hereby engages DOP as the Cinematographer of the picture. As
full compensation for the services of DOP to be rendered pursuant hereto, and for
DOP’s undertakings herein specified, the Production House shall pay the DOP a sum of
Rs _______________ (Inclusive the amount that may be given to any of DOP’s
Assistant(s)) for their services in the Picture, provided the DOP faithfully performs his
duties and obligations hereunder. DOP accepts such engagement upon the terms herein
 specified and undertakes to perform all the duties and obligations assumed and entered
into by him hereunder.

This sum shall be payable in the following manner and upon occurrence of the following
events:
(a) 20% (initial advance) - Signing this Agreement
(b) 50% - Completion of the shoot
(c) 30%- Completion of the post production.

2. Services:

The Production House shall cause DOP to render all services customarily rendered by
DOP in feature-length motion pictures at such times and places as designated by the
Production House. Without limiting the foregoing, DOP’s services shall be in accordance
with the following:

a) Principal rendering of services by DOP shall commence on or about

________________ 2021.The Start Date shall be automatically extended without
notice for a period equal to the duration of any default, disability and/or force
majeure, or due to any location requirements, and/or cast unavailability, weather
conditions, and/or other similar contingencies. The term of engagement of
Director cum Writer’s services hereunder shall begin on or about the Start Date
and continue until ______________ 2021, or until the completion of the post
production or the promotion of the picture as per the requirement of the
Production House.
b) DOP shall be responsible for the unique visual identity or the look of the film as
approved by the Director from time to time;
c) DOP must discover the photographic heart of the screenplay using variety of
source material including stills photography, painting etc;
d) DOP shall create the desired look using lighting, framing, camera movement etc
and he shall work in close coordination with the camera crew;
e) DOP shall conduct research and preparation including carrying out technical
recces of locations;
f) DOP shall prepare list of all required equipment such as Camera, lighting, film
stock, cranes and all accessories for the Production House to procure;
g) During the post production, the DOP shall attend the digital grading of the picture
as and when required by the Director at the post production stage.

3. Performance Standards:

DOP shall render services in conscientious, artistic, punctual and efficient manner in the
best of DOP’s ability and in full regard to the budget and schedule set by the Production
House. It is understood that the Production House shall have the final say in the budget
and the schedule of the movie.
4. Grant of Rights:

DOP, hereby, acknowledges and agrees that all contributions of every kind made in
connection with the picture including and not limited to, all material created and/or
furnished by DOP, and all of the results and proceeds of every kind of the services
rendered by DOP in connection with the picture shall be deemed to be “works made for
hire” specially ordered or commissioned by the Production House for use as a part of
motion picture or other audio-visual work or as contribution to a collective work.
Production House shall own all results and proceeds of DOP’s services, including the
copyrights thereof.

The results and proceeds of DOP’s services for which valuable consideration is paid in
terms of paragraph 1 above, shall automatically become the property of Production
House, which shall be deemed to be the author thereof in terms of the Copyright Act,
1957 (“the Act”).

DOP hereby expressly waives and relinquishes any moral rights or “droit morale,” or
“author’s special rights” under section 57 of the Act, in and to any material created by or
contributed to the Picture by DOP.

5. Credits:

Subject to the release of the picture and provided that the DOP meets all the material
obligations shall accord credit as DOP. No casual or inadvertent failure of the Production
House to comply with the stipulation of this clause shall be treated as breach of this
agreement by the Production House. All matters relating to DOP’s credit, such as size,
style of type, placement, colour, etc., shall be at Production House’s sole discretion.

6. Inclusive Payments:

All payments to DOP hereunder shall be deemed to be equitable and inclusive

remuneration for all services rendered by DOP in connection with the Picture and to be
paid by way of a complete buy-out of all rights granted to Production House hereunder
and no further sums shall be payable to DOP by Production House by reason of the
exploitation of the Picture and all results and proceeds of DOP’s services hereunder, in
any and all media throughout the universe.

7. Non-Disclosure:

The DOP shall not reveal or make public any information concerning or in connection
with the Script, screenplay, Dialogue or any other literary or creative inputs or the terms
of this Agreement or the business of Production House nor shall the DOP make any
 public statement or press statement in connection with any of the foregoing without prior
consent from the Production House.

8. Termination:

Should either Party materially breach its obligations under this Agreement (except due to
incapacity of parties or Force Majeure event), the other Party shall be entitled to
terminate this Agreement by giving 10 days notice in writing. The material breach may
inter alia consist of the following:

- a material negligence on the part of DOP to fulfill the tasks or obligations without
a justified reason;
- Failure on the part of DOP to attend the set schedule or causing delay in the
same;
- Non-adherence to the terms of this agreement by DOP;
- failure to pay DOP any due compensation pursuant to this Agreement, after the
Production House has been notified in writing about this;

9. Force Majeure:

As used herein the term “force majeure” means epidemic, act of God, strike, lockout,
labour condition, unavailability of materials, transportation, power or other commodity,
delay of common carrier, civil disturbance, riot, war or armed conflict (whether or not
there has been an official declaration of war), the enactment of any law, the issuance of
any executive or judicial order or decree, breach of contract by, or disability of, the
Production House, other principal cast member, breach of contract by a financier or
completion guarantor, or other similar occurrence beyond the control of Production
House, which causes an interruption of or materially hampers or materially interferes
with the production of the Picture.

10. Arbitration:

Any controversy or claim arising out of or relating to this agreement or any breach
thereof shall be settled by arbitration in accordance with the Arbitration and Conciliation
Act, 1996.

11. Jurisdiction:

This agreement is accepted in Ernakulam, Kerala and it is agreed by the parties

concerned that all matters, claims, disputes, arising in respect of the terms and
conditions hereof shall be settled and paid by the parties in Ernakulam, Kerala

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
 AGREED TO AND ACCEPTED:

(DOP)
Mob:_________________

AGREED TO AND ACCEPTED:

(For Production House)

Mob:_____________
In the presence of

1.

2.