Full Billing

 

The billing to you must be in the form specified above, including the words "Production of" below your billing, which shall be visually contiguous with the title, all so that the audience is informed that you are the producer. Your billing shall be no less than 50% of the size of the logo or artwork title, as measured by the proportion of the average size of your name to the largest letter in the logo or artwork title. The name "Disney's" shall be in plain type font, shall be no more than 33% of the title, as measured by the proportion of the size of the "D" in "Disney" to the size of the largest letters in the title, and in no event may you duplicate the Broadway logo or title nor the logo and the title from the Disney film "Newsies" (the "Film"), although, you separately may license the right to use the stage license logo (the "License Logo"). If Disney shall provide a License Logo to License, then Licensee shall use such logo exactly as provided, including fonts. If you elect not to purchase the License Logo, than you shall submit your logo or artwork title for approval by Disney prior to any public use thereof. The size of the credit to the Authors and to Disney Theatrical Productions shall be on a single line and no less than 50% of the regular title, and if there is no regular title, then no less than 20% of the logo or artwork title. The size of the credit to the authors, Bob Tzudiker and Noni White shall be no less than 75% of the size of the Authors.

SHORTFORM BILLING FOR LEAFLETS AND CLASSIFIED ADVERTISEMENTS
(Point sizes must be in same proportion as set forth for full billing above):

ORIGINAL DESIGNS, DIRECTION AND CHOREOGRAPHY. You are prohibited from copying or otherwise using any of the costume and scenic designs, character designs, direction, choreography, artwork or other intellectual property from the Broadway or touring productions of the Play or the Film, although there may be a general resemblance to such elements, such as the period costumes. You may not copy any of the choreography of the Broadway or touring productions of the Play, in whole or in part, unless you eneter into a separate license agreement.

VIDEOTAPING. This license does NOT grant you the right to make, use and/or distribute a mechanical recording (rehearsal, performance or otherwise) of the Play or any portion of it by any means whatsoever, including, but not limited to, audiocassette, videotape, film, CD, DVD and other digital sequencing. You agree to inform all parents, students and attendees of the above prohibitions against recording the show by means of both a program note and a pre-show announcement.

 

CO-PRODUCTION. You may share production costs and /or physical production elements (but not casts) of your production of the Play with other licensees, including renting your physical production to other licensees, subject to MTI's approval, but your production shall only refer to your organization as the producer of the Play.

REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant as follows: that (i) You shall comply with all applicable laws, including, without limitation and applicable local laws, and shall present the Play in accordance with the terms of this agreement; and (ii) no rights of any third party are or will be violated by your enetering into or performing this Agreement, and you have not made nor shall you hereafter make any agreement with any third party which could interfere with the full performance of your obligations hereunder.

INDEMNIFICATION. You hereby agree to indemnify and hold MTI, Disney (and their affiliates and each of MTI and Disney and such affiliate's respective successors, assigns, affiliates, officers, employees, agents, licensees and lessees) harmless against any and all damages, loss, liability, cost or penalty, including without limitation reasonable attorneys' fees and disbursements resulting from any breach or alleged breach of any represenation, warranty or agreement made by you hereunder, or relating in any way to your presentation of the Play, except to the extent caused by the negligence or breach of agreement by MTI.

DISNEY PUBLIC IMAGE AND REPUTATION. You acknowledge that Disney is extremely sensitive about maintaining the wholesome Disney public image and preserving and enhancing the Disney reputation for consistently offering family entertainment of the highest caliber. You agree that neither you, nor your employees and representatives, shall take any action which could poorly reflect upon such Disney public image or reputation and you shall at all times manage the production and presentation of the Play in a manner consistent with such Disney public image and reputation. All staff will be made aware of Disney's standards and will conduct themselves in a manner in accordance with these standards and with the expectations of a family audience. In addition to the foregoing, you agree not to list any of your sponsors in connection with any advertising or promotion of the Play if such sponsors do business in any of the following categories: alcohol, tobacco and firearms. Any violation of the foregoing provisions shall entitle us to immediately terminate this Agreement and to injuctive relief to prohibit any further use of the Play.

TRADEMARKS. You shall acquire no right under this Agreement to use, and shall not use, the name "Disney" (either alone or in conjunction with or as part of any other word or name) or any fanciful characters, designs, logos or trademarks of The Walt Disney Company or any of its related, affiliated or subsidary companies: