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8-K - Empire Post Media, Inc.v196676_8k.htm
EX-10.4 - Empire Post Media, Inc.v196676_ex10-4.htm
Exhibit 10.3
 
POST PRODUCTION SERVICES AGREEMENT

This Post Production Services Agreement (the “Agreement”) entered into this 26th day of August 2010 between Empire Post Media, Inc. (the “Contractor”), and Brain/Storm Pictures (the “Customer”).

WHEREAS, Customer is developing and preparing for production a feature length documentary film presently titled “Brain/Storm”, and

WHEREAS, Contractor is in the business of providing post production work for feature films, and

WHEREAS, the Customer and Contractor desire to enter into an agreement whereby the Contractor will perform post production services for the Customers’ documentary film.

IT IS THEREFORE AGREED:

 
1.
The Project.  The project is the production of a feature-length documentary presently titled “Brain/Storm” about innovative treatments currently being used with military personnel who have suffered severe brain injuries in combat.  The planned documentary, with a running time of approximately 90 minutes, will include interviews, re-enactments shot both on location and on sound stages, including "green screen" effects shots and underwater photography, B-roll and stock footage from a variety of sources.  Customer shall have total responsibility for creation and production of all production elements, including but not limited to those described above, and undertakes to deliver such elements to Contractor in a High Definition Digital format.  Customer intends to commence delivery of  such elements to Contractor no later than October 4, 2010.

 
2.
Post Production Services.  Contractor agrees to perform post production services for the documentary film, including  editing, creation and rendering of effects, digital compositing, sound effects, sound mix, color correction and mastering and deliverable outputs of the finished documentary, all of which is described in more detail, along with Contractor's rates, in Exhibit A attached hereto and made a part hereof (the “Services”).  Music will be provided by Customer in a “ready to mix” format.  Any variances, including added work or overages, will be mutually agreed upon between the parties, before such work is undertaken.

 
3.
Consideration.  Contractor agrees to provide the Services and Customer agrees to pay for the Services at the rates set forth on Exhibit A attached hereto and made a part hereof, for a total consideration of $170,000.

 
4.
Further Terms and Conditions.  The parties hereto, agree that all Services and payment for Services shall be governed by the Contractor’s Standard Terms and Conditions set forth in Exhibit B attached hereto and made a part hereof.

 
 

 

 
5.
Notices.  Any notice or other communications required or permitted under this Agreement shall be in writing and may be delivered , personally, by facsimile, or by prepaid registered mail addressed to the addresses set forth below, or to such other address as the addressee may have specified by notice under this provision.  Any such notice or other communication, if delivered or mailed, shall be deemed to have been given when received, and if by facsimile, shall be deemed to have been given when the appropriate transmission report acknowledging receipt is received by the sender.  All notices shall be sent to the parties as follows:

If to Contractor:
If to Customer:
Peter Dunn, President
Oriana J. Bielawski
Empire Post Media, Inc.
Brain/Storm Pictures
280 South Beverly Drive, Ste. 205
8870 Crescent Drive
Beverly Hills, CA 90212
Los Angeles, CA 90046
Fax No. (310) 472-5138
Fax No. ___________

Courtesy copy to:
William B. Barnett
Law Offices of William B. Barnett
21550 Oxnard Street, Suite 200
Woodland Hills, CA 91367
Fax No. (818) 999-2269

IN WITNESS WHEREOF, the parties hereto have executed this Post Production Services Agreement as of the date first set forth above.

Contractor:
 
Customer:
     
EMPIRE POST MEDIA, INC.
 
BRAIN/STORM PICTURES
     
By: 
/s/ Peter Dunn
 
By: 
/s/ Oriana J. Bielawski
 
Peter Dunn, President
   
Oriana J. Bielawski