Delivery (Studio) / Legal/Documentation Deliverables

Deliverable (B5): Producer's Errors & Omissions Certificate/Policy

A full list of all Legal/Documentation (Schedule B) deliverables can be found (here).


See also:  Production Insurance Requirements


A copy of the application, a copy of the full policy and a certificate of insurance in form and substance acceptable to Distributor’s insurance carrier, naming Fox Corporation, Mar Vista Entertainment LLC and its respective subsidiaries, affiliates, franchisees, sub-distributors, licensees and sublicensees and each of their managers, officers, directors, shareholders, employees, agents, attorneys, successors  and assigns as additional insured and loss payees and evidencing Licensor’s policy of “Errors and Omissions Insurance” in respect of the Picture, which insurance conforms in all respects to the following requirements:

Certificate Holder Name & Address can be found on the Contacts page.

An occurrence-based insurance with coverage including, without limitation, claims or occurrences related to or arising from errors, omissions, or negligent acts in the performance or failure to perform professional services, infringement or misappropriation of any intellectual property, copyright, trademarks, trade secrets, know-how and other present and future property and/or proprietary rights of a similar nature; breach of contract and unauthorized use of materials, defamation, plagiarism, piracy, unfair competition, rights of publicity or privacy or false advertising.  Limits of liability to be at least $5,000,000 per occurrence/claim, $5,000,000 in the aggregate and a $25,000 deductible (with no material exclusions). If requested, a “Term of Contract Endorsement” (also known as a “Right Period Endorsement”) shall be provided. At Distributor’s request, the insurance carrier will at no additional cost include any other person(s) or entities designated by Distributor as additional named insured and issue to such person(s) a separate Certificate of Insurance evidencing the foregoing Errors and Omissions Insurance coverage.  Producer’s Errors and Omissions Insurance policy may not be modified, revised, or canceled without thirty (30) days prior written notice to Distributor.   If the policy is written on a “claims-made” basis, the policy shall be in effect for a period of three (3) years after the contract term.

Policy shall include the below, as relevant to scope of Products:

  • (i) Cyber Liability [5] insurance shall include coverage for, without limitation, Network and Information Security liability and Privacy liability for claims or occurrences related to or arising from a data breach, introduction of malicious code, computer virus or worm which leads to theft or unauthorized disclosure or loss of personally identifiable or confidential information.  Coverage shall also include for notification costs, credit monitoring, costs to defend claims by state regulators, fines and penalties and losses resulting from identity theft.

[5] Required if professional service involves access to our systems and/or confidential information controlled, stored, handled, or managed by you or others for which you are legally responsible.

All the above required insurance shall: (i) contain an endorsement (blanket acceptable) including Fox Corporation, Mar Vista Entertainment, LLC, its parents, subsidiaries, affiliated companies, officers, directors and employees as Additional Insureds (except for Workers’ Compensation);(ii) contain an endorsement (blanket acceptable) with a Waiver of Subrogation in favor of Fox Corporation, Mar Vista Entertainment, LLC, its parents, subsidiaries, affiliated companies, officers, directors and employees; (iii)contain an endorsement (blanket acceptable) stating coverage is primary, not contributory, and not in excess of any other valid or collectible insurance carried by Fox Corporation, Mar Vista Entertainment, LLC, its parents, subsidiaries, affiliated companies, officers, directors and employees; (iv) not include an exclusion for “Cross Liability” or “Severability of Interests”; (v) be placed with companies lawfully authorized to transact business in the jurisdiction the Products are located and a current Best’s rating not less than A- VII; (vi) include coverage for liability and indemnity obligations assumed under this Agreement as an insured contract.  The limits of said insurance required by this agreement or as carried by you shall not limit the liability of you nor relieve you of any obligation hereunder; (vii) include that said Additional Insured have access to the limits required by this agreement, or the full limits of the policies, whichever is greater; (viii) not be subject to material modifications except after thirty (30) days prior written notice to Fox Corporation nor be cancelable unless replaced by an insurance policy that meets or exceeds the requirements as specified above; (ix) have all deductibles and/or SIRs be directly responsible by you;

Final E&O certificate must state that music and title coverage are included. 

File Name: “Picture/Series Title” E&O Insurance Certificate

Template (MVE Sample):

Fox-MVE - E O COI_SAMPLE