THEATRE ODYSSEY
LICENSING AGREEMENT

Licensing Agreement

Agreement made by and between the above named Producer and Theatre Odyssey, Inc. with respect to the Play(s) selected above.

1. Grant of Right: Theatre Odyssey hereby grants the Producer the right to produce and present a production of the Play(s) for the number of performances and on the dates specified at the Venue entered above.

There shall be no performance beyond these dates contemplated herein, unless an extension shall be agreed to in a written addendum to this agreement.

2. Compensation: In consideration for the right to produce the Play(s) the Producer agrees to pay Theatre Odyssey the fRequired License Fee shown above.

3. Warranties: Both parties warrant and represents that they have the full and complete right to permit such a production of the Play(s).

4. Indemnification: Both parties agree to indemnify the other against any losses (other than loss of profit), costs, expenses (including reasonable  attorney’s fees), damages and recoveries caused by any breach of their respective representations and/or warranties made herein. The foregoing indemnity shall apply only to matters finally judicially determined or settles, with the other party’s prior written approval, such approval not to be unreasonably withheld.

5. Author’s Rights:  Any violation of this paragraph 5 will be sufficient cause for Theatre Odyssey to immediately terminate all rights to the Producer hereunder without penalty or damages to Theatre Odyssey.

a. Script Approval: The Producer agrees that it will not make or permit to be made any addition, omission and/or alteration to the Play(s) (including the title or dialog)without the prior written consent of Theatre Odyssey. Any change of any kind whatsoever made by the Producer or any third party and which is acceptable to Theatre Odyssey shall be the property ofTheatre Odyssey, free and clear of all liens and encumbrances, and Theatre Odyssey shall not be obligated to make any payments to any Person who makes or suggests any changes in the Play(s).

b. Right to Be Present: The Producer acknowledges that Theatre Odyssey shall have the right to attend all casting sessions and rehearsals, as well as all previews and the official opening of the Play(s).

c. Materials: Producer will provide a copy of all marketing materials used in conjunction with the Play(s) and any press clippings (including any reviews) regarding the Play(s).

6. Billing Credit: The Author of the selected Play(s) shall receive billing credit in all programs, advertising and publicity for the Play(s) under the control of the Producer. No person shall receive billing larger or more prominent than the Author. The Author shall also receive a biography in any program where any other biography appears. No casual or inadvertent failure to comply with the provisions of this paragraph shall be deemed a breach of this Agreement unless the Producer does not remedy the mistake promptly upon the Producer’s receipt of notice from Theatre Odyssey.

7. Filming: The Producer shall not allow the Play)s) to be recorded or broadcast (on television, radio, internet, or otherwise) without the prior written consent of Theatre Odyssey. Notwithstanding the following:

[ ] The Producer shall have the right to authorize one or more radio and/or television presentations of excerpts from the Play(s), not to exceed 5 minutes in the aggregate for the sole purpose of publicizing the Play(s), provided, however, that the Producer shall receive no compensation or profit, directly or indirectly, except out-of-pocket expenses, for authorizing any such radio or television presentation.

[ ] The Producer shall have the right to create one archival recording of this production. 

It is expressly understood and agreed that Theatre Odyssey shall receive a copy of any and all recordings of the Play(s), to be used only for promotional, non-commercial purposes.

8, Reservation of Rights: Theatre Odyssey is the sole owner of the copyright in the Play(s), and all rights in the Play(s) not expressly granted to the Producer in this agreement are reserved to Theatre Odyssey for its sole use.

9. Assignment: Neither party shall assign this Agreement or its rights arising hereunder without the prior written consent of Theatre Odyssey.

10. Choice of Law: The laws of the state of Florida shall govern this contract.

11. Dispute Resolution: The Parties agree that any claim, dispute or controversy arising between Theatre Odyssey and the Producer under or in connection with the Agreement shall be submitted to arbitration in the state of Florida. In a claim for unpaid royalties, the prevailing party will be awarded the reasonable legal expenses, paid by the losing party. Judgment upon the award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction.

12. Entire Agreement: This is entire Agreement between Theatre Odyssey and the Producer. It shall not be amended or modified except by a written agreement signed by both parties.