1. CREDITS. You shall incorporate the following credits and comply with all size and other restrictions on the title page of all playbills and programs, and in all houseboards, displays and in all other advertising, press release and any other promotional material, except as otherwise provided below, as follows:

The (Licensee)

Production of

Freaky Friday

                           Book by                                 Music by                               Lyrics by                    

                          Bridget Carpenter                        Tom Kitt                           Brian Yorkey                                     

Based on the novel Freaky Friday by

Mary Rodgers

and the Disney films

The producer billing 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. In no event may you duplicate the logo and title from any of the Disney films related to Freaky Friday (the “Films”) or the novel by Mary Rodgers (the “Novel”), although you separately may license the right to use the stage licensing logo (the “License Logo”).  If Disney shall provide a License Logo to Licensee, then Licensee shall use such logo exactly as provided, including fonts.  If you elect not to purchase the License Logo, then you shall submit your logo or artwork title for approval prior to any public use thereof.  The credit to the Authors shall be on a single line and in a size no less than 50% of the regular title (or title in plain-font type), and if there is no regular title, then no less than 20% of the logo or artwork title as measured by the total size of the logo.  The size of the entire credit to the novelist, Mary Rodgers, shall be no less than 40% of the title, and the name “Mary Rodgers” shall be in bold, and the credit to the Disney films shall be 25% of the title. 

SHORTFORM BILLING FOR LEAFLETS AND CLASSIFIED ADVERTISEMENTS

(Point sizes must be in same proportion as set forth for full billing above):

The (Licensee’s)

Production of

Freaky Friday

Based on the novel by Mary Rodgers

and the Disney films

1. 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 any other productions of the Play or the Films or the Novel, although there may be a general similarity to the character’s appearances.  You may not copy any of the choreography of any other productions of the Play, in whole or in part.

1. MTI BILLING.  In accordance with the Dramatic Performing Rights License, all publicity materials (posters, programs, etc.) MUST include the following credit:

Freaky Friday

Is presented through special arrangement with Music Theatre International (MTI).

All authorized performance materials are also supplied by MTI.

421 West 54th Street, New York, NY 10019

Phone: 212-541-4684  Fax: 212-397-4684

www.MTIShows.com

1. 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.

In compliance with the above condition you MUST include the following warning in your program:

The videotaping or other video or audio recording of this

Production is strictly prohibited.

1. 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/presenter of the Play.

1. REPRESENTATIONS AND WARRANTIES.  You hereby represent and warrant as follows:  that (i) You shall comply with all applicable laws, including, without limitation all 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 entering 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.

1. INDEMNIFICATION. You hereby agree to indemnify and hold MTI and Disney (and their affiliates and each of MTI, 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 representation, 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. 

1. 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 injunctive relief to prohibit any further use of the Play.

1. 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 subsidiary companies:

1. in any of your advertising, publicity or promotions other than as part of the title of the Play and credits below the title, all as provided in Paragraph 1 of this Rider and to factually describe Disney’s role in your production, namely, that Disney is a licensor only of its stage play and not Disney owned production elements, and is not a producer of your show, and that Disney originally produced the Play;

1. to express or imply any endorsement by Disney of your production of the Play or any other of your activities; or

1. in any other manner whatsoever (whether or not similar to the uses hereinabove

      specifically prohibited).