Producer Agreement Form

1. I agree that my use of Midpeninsula Community Media Center (hereinafter the "Media Center") facilities or resources shall constitute my acceptance and agreement to comply with all of the Media Center Policies and Procedures, including any amendments adopted by the Media Center as of the date of such use.
2. I understand that access and use of Media Center facilities and equipment is open to all persons who live or work within the Media Center service area, and/or those producing tapes for organizations within the service area. To be eligible for use, I certify that I am a resident or that I work in the Media Center service area, including Atherton, East Palo Alto, Menlo Park, Palo Alto, and the unincorporated parts of San Mateo County and Santa Clara County within our cable franchise service area, or provide a letter from the sponsoring organization.
3. Program material that I will record and/or submit for cablecast will not contain:
   1. Advertising or material designed to promote the sale of commercial products or services.
   2. The solicitation or appeal for funds for any purpose (unless specifically authorized by the Media Center)
   3. Material which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or which might violate any local, state or federal law.
   4. Material which constitutes or promotes any lottery or gambling enterprise.
   5. Obscene material, as defined by applicable law.
   6. Material which may create an immediate danger of damage to property or injury to persons.
4. I shall not use the Media Center channel space, facilities or equipment for any financial gain or other commercial purposes. Exceptions to this include funding from a foundation or underwriting to produce a non-commercial program, or when the producer is an employee of a non-profit agency and will produce a show about that agency as part of their job hours. Underwriting credits will not include prices, product comparisons or descriptions, inducements to buy products, or hours of operation. They will not be over 10 seconds in duration per underwriter.
5. I will not allow anyone to handle Media Center equipment during production of my program that has not been certified by the Media Center to operate its equipment.
6. I agree to pay the costs of any repair or replacement of equipment or materials resulting from damage, careless handling, misuse or theft while such equipment or materials are in my possession or control or issued to me, normal wear and tear excepted. I understand the penalties that apply if I do not return equipment on time.
7. I understand that programming produced with Media Center equipment or facilities is for cablecast on the local cable TV access channels (unless a specific exception is granted by the Media Center in writing.)
8. I understand that I will retain the copyright to any show that I produce using the Media Center equipment, and that the Media Center will have a non-exclusive license to cablecast the program on its Access channel(s) and to use segments for noncommercial promotional purposes such as station ID's and video festival entries for a period of twenty years. I will leave the edited master in the Media Center library unless I supply the Media Center with a dub in the same format as the edited master, which will be made at my own expense.
9. I understand that I may lose my access privileges if I am under the influence of alcohol or drugs, abusive, or disruptive on the Media Center premises, or act overly careless with Media Center equipment. I will not carry a weapon on the Media Center premises unless I am doing so in an official capacity as an officer of the law.
10. I understand that I will not sell copies of my tape for a profit (an amount over the cost of dubbing and postage) unless I am doing so as a non-profit agency with a special agreement and separate contract with the Media Center.
11. I understand that if I use the Media Center equipment to make a program, then a credit to the Media Center will appear on that program which will not be left off if copied for distribution elsewhere.
12. I agree to indemnify, defend and hold harmless the Media Center and the Joint Powers and their respective directors, officers, agents and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigations) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with these Operating Rules and Procedures, any applicable laws, rules, regulations, or other requirements of local, state or federal authorities, for claims of libel, slander, invasion of privacy, personal injury, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the use of Media Center channel space, video and/or audio facilities and equipment or other Media Center resources.
13. I agree that I shall not represent myself or any other person involved in volunteer productions or public access programming activities as an employee, representative or agent of the Media Center.
14. Any waiver of any breach of this Statement of Compliance shall not waive any continuing or other breach of the same provision or any other provision of this Midpeninsula Community Media Center Producer Agreement.
15. Should a dispute arise between parties with respect to their rights and duties under this Statement of Compliance, the prevailing party in such dispute shall be entitled to recover its attorney's fees and costs incurred in connection therewith.

This Midpeninsula Community Media Center Producer Agreement is non-transferable.