VIDEO LICENSING AGREEMENT
:1
-
Licensing Agreement
J @
On this day ~\he City of Clearwater, (Licensor), P.O. Box 4748,
Clearwater, Florida 33~to a licensing agreement with Film Garden
Entertainment, (Licensee), 4146 Lankershim Boulevard, North Hollywood, California,
91602. The parties agree as follows:
1 . Licensor will provide footage, (Footage) to Licensee for use in Licensee's
production of that program currently entitled, "America's Most Dangerous Intersections,"
(Program), in all media, worldwide, in perpetuity.
2. Licensor will retain title and all rights to the Footage contained within the
Program.
3. Licensee must receive the Licensor's prior review and approval of rough cut
of Program prior to use. Licensee agrees not to use the Footage for any program other
than that approved by Licensor. Licensor agrees to provide approval of rough cut
within 48 hours of receipt of rough cut.
4. This licensing agreement does not create a right in the Licensee to use the
name and mark of the City of Clearwater [Licensor] in any manner whatsoever,
including, but not limited to: (a) use in advertising, publicity or promotions materials, or
(b) to express or imply any endorsement by the Licensor of the Licensee's services, or
of the Licensee's use of the Program or of the Footage contained within.
5. No reproduction or modification of the Footage contained within the Program
shall be made, in whole or in part, without prior written approval of the Licensor. Such
approval may be granted at the Licensor's sole and absolute discretion.
6. The following notice shall appear legibly on the Program. "Footage courtesy
of C-VIEW TV, City of Clearwater."
7. Licensee will return the Footage (as well as any other materials furnished to
Licensee in connection with the Program) to Licensor, at Licensee's expense,
immediately after its use.
8 . This Licensing Agreement will be governed by, and construed in accordance
with the laws of the State of Florida without regard to conflicts of laws principles. Any
disputes that may arise between the parties out of or in connection with this Licensing
Agreement shall be submitted to the Circuit Court of Pinellas County, Florida. If the
Circuit Court of Pinellas County does not have jurisdiction over any dispute that may
arise, then the dispute will be submitted to another court within Pinellas County, which
does have jurisdiction. Licensee will consent to the jurisdiction of such court and to the
service of process outside the State of Florida pursuant to the requirements of such
Court.
i~~
-,I
I
9. Licensee will hold Licensor, and the Licensor's agents, which includes but is
not limited to, the Licensor's officers, directors, employees and assigns, harmless for all
costs and claims that arise out of Licensee's use of the Footage. Licensee will further
indemnify Licensor, and the Licensor's agents, which includes but is not limited to the
Licensor's officers, directors, agents, employees and assigns, for all costs and claims
that arise out of Licensee's use of the Footage.
10. This contract constitutes the entire agreement between Licensor and
Licensee.
11. Any invalid section of this licensing agreement does not affect the remaining
agreement provisions.
12. Please direct any questions concerning this matter to Public
Communications & Marketing Director at (727) 562-4661. Licensee will indicate
agreement to the terms of the licensing agreement by signing in the space provided
below and returning one executed copy directly to Public Communications & Marketing
Director, 100 South Myrtle Avenue, Clearwater, Florida 33756.
Licensor:
Licensee:
CITY OF CLEARWATER, FLORIDA
BY:~~~~
William B. Horne, II
City Manager
FILM GARDEN ENTERTAINMENT
/
./
...---"
By: /'
racy Verna
Its: Vi ce President of Production
Attest:
~~. rL-D.e,.
Cy iaE.Goudeau --
City Clerk
Approved as to form:
~~
Jo n Carassas
Assistant City Attorney
fr