EULA

IMPORTANT - READ CAREFULLY BEFORE USING ANY BROADWAY MEDIA PRODUCT
When you rent or purchase digital materials from Broadway Media, you are receiving a license to use the materials for your specific production only. Nothing is owned by you; everything remains the property of Broadway Media or the original creators.
Broadway Media works with professional designers, choreographers, and creators who trust us to license their work responsibly. The rules of this End User License Agreement protect you, the rights of the original artists, the show you are producing, and the future availability of these materials for schools and theatres worldwide. Thank you for helping us protect creative work and keep theatre accessible.
All productions are required to include a basic credit: “Production Materials provided by Broadway Media (www.broadwaymedia.com).” Some BMD products include licensed materials from original Broadway and West End designers, choreographers, or creative teams. If your content includes Broadway-origin materials, we will provide exact designer, choreographer, or creative credits that must also appear in your program. Further, when this type of original content is included you may use only the specific creative elements we have supplied. It does not give you rights to use any other Broadway creative elements (sets, costumes, choreography, blocking, lighting design, etc.). This protects the creative rights of the original artists who made these productions iconic.
If you need more technical flexibility, such as using media servers, custom cueing, or unprotected files, you may request a Professional License. This allows more advanced setup, but also comes with strict security responsibilities, limits on distribution, extra fees and required destruction of all files at the end of your rental. This license does not expand your creative rights, only your technical ones.
Need Extra Permissions such as streaming, recording, educational permissions or custom content? Some productions require more than standard usage. We offer optional add-ons with written approval for Educational Use (classroom, LMS platforms, rehearsal access), Streaming or Recording Rights and Custom Content Creation or Modifications. These are not included automatically. You must request them, and Broadway Media must approve them in writing.

End User License Agreement Summary

What You Can Do
1.
Use the Content only for your licensed production, during the dates you’ve rented.
2.
Install the Standard License Content on one device (or two devices if you have a Professional License).
3.
Rehearse and/or Play the materials as part of your live, in-person stage performances.
4.
Ask us if you need extra permissions (streaming, educational use, custom content, or technical flexibility).
What You Cannot Do
1.
Do not copy, share, upload, or distribute our files.
2.
Do not reuse the materials in future shows, classes, camps, or workshops.
3.
Do not record or livestream any rehearsal or performance that includes BMD Content unless we explicitly approve it in writing.
4.
Do not attempt to recreate, restage, or approximate anything from the original Broadway or West End production unless we have provided those exact elements to you.
5.
Do not modify, remix, alter, or build derivative materials without written approval.
If you are a public school, district, or government entity legally restricted from specific governing law jurisdiction, please contact Broadway Media before placing your order.

Section 1. End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a legally binding agreement between Broadway Media Distribution, Inc. (“BMD”) and the Recipient, governing all use of BMD’s software applications, media, digital assets, and related materials (collectively, the “Content”). By accessing, downloading, installing, or using the Content, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you do not agree, do not use the Content.
1. Grant of License. BMD grants Recipient a limited, non-exclusive, non-transferable, revocable license (“License”) to access and use the Content solely for lawful, in-person live stage performances of the licensed production, and solely during the applicable Rental Term. The License applies to all Content delivered by BMD, including but not limited to projection media, staging and choreography videos, audio files, production design elements (including scenic, costume, properties, lighting and other industry-standard disciplines), educational or instructional media, images, animations, and video files, and software, activation files, and documentation. All rights not expressly granted are reserved by BMD. This License is conditioned upon full compliance with this Agreement and payment of all applicable fees.
2. Rental Term. The Rental Term is sold in weekly increments. The minimum term is four (4) weeks. Extensions may be purchased through BMD or authorized resellers. The Content cannot be sold, transferred, loaned, sublicensed, or shared. The License expires automatically at the end of the Rental Term.
3. Content Rental Fee. Recipient shall pay the Content Rental Fee associated with the Rental Term. Discounts or promotions applied after the start date of the Rental Term do not alter the original fee. All fees are non-refundable once Content has been delivered.
4. Delivery and Installation. BMD will deliver the Content electronically via email or another method of BMD’s choosing. Under the standard License: (i) Content may be installed on one (1) device only, (ii) Backup, archival, or additional copies are prohibited and (iii) Equipment required for playback is not included. If Recipient purchases a Professional License, installation and hardware permissions are governed by the Professional License Rider.
5. Access, Activation, and Expiration. Content may require activation using an Access Key or other authentication. Recipient agrees: (i) Failure to activate correctly may disable Content functionality, (ii) Upon License expiration or violation of this Agreement, access may be revoked automatically, and (iii) Extensions must be purchased in advance.
6. Cancellation Policy. All cancellations will be processed according to BMD’s official Cancellation Policy, as updated from time to time.
7. Support. BMD provides reasonable support to Recipient during the Rental Term. Support does not include custom edits, on-site assistance, configuration of third-party systems, or any services not expressly offered by BMD.
8. Modifications and Restrictions. Recipient may not, under any circumstances: (i) Modify, adapt, translate, alter, or create derivative works of the Content; (ii) Reverse engineer, disassemble, decompile, or otherwise attempt to discover source materials; (iii) Remove or obscure copyright notices or branding; (iv) Repackage, resell, upload, distribute, or share Content; or (v) Use Content in classes, workshops, future productions, or any project other than the licensed show. These restrictions apply regardless of file format or delivery method.
9. Indemnification. Recipient agrees to indemnify, defend, and hold harmless BMD, its licensors, and any authors/owners of the underlying production from any claims, costs, damages, or liabilities arising from: (i) The production, handling, or use of the Content, (ii) Violation of this Agreement, (iii) Unauthorized copying, distribution, or misuse, or (iv) Injury or damage occurring during Recipient’s production. Recipient must maintain general liability insurance of at least $1,000,000, naming BMD as an additional insured upon request.
10. Limited Warranty. BMD provides the Content “AS IS.” BMD makes no warranties, express or implied, regarding: (i) Fitness for a particular purpose, (ii) Merchantability, (iii) Accuracy or completeness or (iv) Performance on third-party hardware or software. Recipient uses the Content at its own risk.
11. Limitation of Liability. BMD’s total liability to Recipient shall not exceed the amount paid for the Content Rental Fee. BMD shall not be liable for any indirect, incidental, or consequential damages, losses arising from delays, errors, or failure of third-party equipment, loss of data, profits, or use, or damages resulting from termination due to violation of this Agreement. These limitations apply even if BMD has been advised of potential damages.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Except as provided below, all disputes arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the State of California, and the parties irrevocably submit to the personal jurisdiction of those courts. If the Recipient is a public school, government entity, or other institution that is legally prohibited from entering into an agreement governed by the laws of the State of California, the Recipient may request an alternative governing law in writing via email. BMD may, at its sole discretion, approve or reject such request. If BMD elects to approve the request, a simple written email acceptance from an authorized executive signatory of BMD shall be sufficient to modify the governing law and venue for that specific Recipient. No additional amendments or formal signatures are required. All other terms of this Agreement shall remain unchanged and in full force. If legally permitted, BMD may change its governing law and jurisdiction to another U.S. state in which it operates or maintains a business presence, upon written notice or by posting an updated version of this Agreement.
13. Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
14. Waiver. Failure by BMD to enforce any provision does not waive its right to enforce later.
15. Assignment. Recipient may not assign or transfer this Agreement. BMD may assign its rights or obligations without consent.
16. Survival. Sections regarding Modifications, Indemnification, Limited Warranty, Limitation of Liability, Governing Law, Severability, and other terms intended to survive termination shall remain in effect.
17. Copyright Violation, Conflict of Interest, and Termination. Recipient acknowledges that: (i) Copyright violations or conflicts of interest permit immediate termination of the License, (ii) A commercial conflict of interest includes any activity reasonably perceived to compete with BMD (iii) BMD shall not be responsible for costs incurred due to termination. All remedies survive termination.
18. Prohibited Recording and Distribution. Recipient may not record, film, photograph, capture, stream, broadcast, or distribute the production in any form if such recording includes any portion of BMD’s Content without explicit written permission. This applies to rehearsal, performance, archival, educational, and promotional recordings.
19. Non-Replication of Creative Elements; No Implied Rights to Unlicensed Materials. Recipient acknowledges that licensing any BMD Product, whether or not it includes elements derived from an original Broadway, West End, touring, or first-class production, does not grant any rights to use, replicate, stage, recreate, or otherwise incorporate any creative elements from that production except for the specific materials expressly provided by BMD as part of the licensed Content. Without limitation and for the avoidance of doubt the licensing of any original choreography shall not be construed to grant Recipient any rights, permissions, or authorizations to use, reproduce, adapt, reference, or incorporate any scenic, projection, costume, lighting, prop, sound, or other design elements from the original production. Likewise, the licensing of any original scenic, projection, or visual design materials shall not be deemed to extend any rights to utilize, reproduce, adapt, or incorporate any choreography, staging, direction, costumes, or other creative disciplines from the original production. For emphasis, the licensing of any single creative component, whether choreography, scenic content, projections, artwork, or any other discrete element, shall not confer or imply any rights to use, recreate, reconstruct, approximate, or adapt any other creative elements from the original production unless such rights are expressly and unambiguously granted in the Content provided by BMD. Recipient shall not copy, recreate, extract, emulate, or approximate any unlicensed designs, artwork, choreography, staging, blocking, direction, filmic interpretations, or related creative elements, regardless of whether such elements are visually accessible in public media or historical records. All underlying rights in any creative elements not expressly conveyed by BMD remain exclusively with their respective owners and are not transferred, licensed, or permitted under this Agreement.
20. Incorporated Riders; Applicability of Additional Terms. Certain BMD Products are subject to supplemental terms and conditions in the form of one or more riders (each, a “Rider”), which are hereby incorporated into and made part of this Agreement by reference. Recipient acknowledges and agrees that:
(a) The Professional License Rider applies whenever the Content is delivered in unprotected, raw-format, or production-flexible files, or when Recipient elects or is required to obtain a Professional License. The Professional License Rider governs the technical permissions, delivery methods, installation limits, security obligations, destruction requirements, and prohibited uses associated with such unprotected Content.
(b) The Original Content Rider applies whenever the Content includes, incorporates, references, or is derived from creative elements originating in an original Broadway, West End, touring, or other first-class production, as identified by BMD. The Original Content Rider governs the permitted use, crediting requirements, and restrictions related to such creative materials, and clarifies that no rights are granted beyond those expressly conveyed.
If any Content licensed by Recipient falls within the scope of either Rider, the applicable Rider(s) shall automatically form part of this Agreement and shall govern the use of such Content. In the event of a conflict between this Agreement and an applicable Rider, the terms of the Rider shall control with respect to the subject matter therein.
21. License Expiration and Destruction. Upon expiration: (i) All rights terminate automatically; (ii) Recipient must immediately destroy all copies of the Content; and (iii) Proof of destruction must be provided within five (5) days if requested. Failure to do so constitutes infringement.
22. Legal Remedies and Damages. BMD reserves all legal and equitable remedies for Infringement, Unauthorized distribution, Unauthorized storage, Retention of files after expiration, Use outside the licensed production. Recipient acknowledges that such actions cause immediate commercial harm.
23. Ownership Billing, Credits, and Rider-Specific Attribution. Recipient shall provide appropriate ownership and attribution billing in all printed, digital, or publicly distributed programs, websites, promotional materials, and related media associated with the licensed production. At a minimum, Recipient must include the following credit: “Production Materials provided by Broadway Media (www.broadwaymedia.com).” If the Content includes materials governed by the Original Content Rider, Recipient shall also include any and all designer, choreographer, director, artist, or creative credits specified by BMD pursuant to such Rider. Recipient agrees to comply fully with all crediting instructions issued by BMD, including but not limited to required naming conventions; specific attribution language; placement, size, prominence, and formatting requirements; inclusion of any “Original [Discipline] by [Name]” credits when applicable. If the Content is subject to the Professional License Rider, Recipient shall comply with any additional billing or designation requirements set forth therein, including technician labeling requirements or acknowledgments related to the manner of playback or delivery. All required credits under this Agreement and any applicable Rider(s) are material terms of the License, and failure to provide such credit shall constitute a breach of this Agreement.
24. Entire Agreement and Updates. This Agreement, together with any applicable Rider(s): (i) constitutes the entire agreement between Recipient and BMD with respect to the Content; (ii) supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral; and (iii) may be modified, amended, or updated by BMD at any time, with or without prior notice, by posting a revised version on BMD’s website or otherwise making it available to Recipient. Any such updated version shall apply to all orders placed, renewals processed, or Content accessed after the effective date of the update. For any production for which Recipient’s first performance has already occurred, the version of this Agreement (and any applicable Rider) in effect as of the date of the first performance shall continue to govern that production for its then-current Rental Term.
BY ACCEPTING OR USING THE CONTENT, YOU AGREE TO ALL TERMS OF THIS AGREEMENT.
If you do not agree, do not download, install, or use the Content.

Section 2. Professional License Rider

The Professional License is a special, elevated license tier offered by Broadway Media that grants access to unprotected, high-resolution, professional-grade versions of our projection files, choreography media, or other digital creative assets. Unlike our standard rentals, which are delivered in a locked, protected, single-machine format, the Professional License is intended for organizations that require greater technical flexibility.
This Professional License Rider (“Rider”) is attached to and made part of the Broadway Media Distribution, Inc. (“BMD”) End User Content Rental License Agreement (“Agreement”). By (i) placing an order, (ii) submitting payment, or (iii) accepting delivery of any BMD Product under Professional License terms, the Recipient acknowledges, accepts, and agrees to be bound by all terms of this Rider. This Rider governs the delivery, use, restrictions, and obligations that apply when BMD provides any media content in unprotected, raw, or production-flexible formats, including but not limited to: projection media, choreography footage, audio files, design elements, stagecraft media, instructional materials, Stage Guides content, reference videos, or any other digital assets (collectively, “Professional Content”).
1. Purpose and Scope of Professional License. The Professional License grants the Recipient expanded technical access to Professional Content that is delivered in unencrypted, unprotected, or standard-editable file formats. This License does not grant additional creative rights; it solely modifies the delivery method and technical permissions necessary for advanced production environments. All other terms of the Agreement, including restrictions on copying, distribution, reproduction, and derivative works, remain fully in effect.
2. Grant of Limited Professional License. During the Rental Term, and solely for the production specified in the Recipient’s order, BMD grants the Recipient a limited, non-exclusive, non-transferable, revocable Professional License to: (i) Download and store Professional Content in unprotected file formats; (ii) Load Professional Content into third-party hardware or software, including but not limited to: (a) Media server (b) Playback systems (QLab, Watchout, Resolume, etc.) (c) Choreography or rehearsal playback tools, (d) LED, projection-mapping, multi-screen, or automation systems, (iii) Install Professional Content on up to two (2) machines used for rehearsal, production, and performance cueing; and (iv) Integrate Professional Content into cue sequences, timelines, automation triggers, or other advanced playback workflows. Please note, no additional rights are granted beyond those expressly stated above.
3. Delivery of Unprotected Content. Recipient acknowledges that Professional Content is delivered in unprotected, fully accessible formats and therefore carries significantly increased risk of unauthorized copying, sharing, or misuse. Recipient accepts full responsibility for protecting the files during the Rental Term and preventing: Unauthorized access, Third-party downloads, Backup copying beyond permitted uses, Uploading to public or semi-public platforms, Cloud-sharing outside internal production use, Copying for archival, instructional, or future use.
4. Restrictions and Prohibited Uses. The Professional License does not permit the Recipient (or any person under Recipient’s control) to: (i) Copy, duplicate, share, or distribute Professional Content to any third party; (ii) Create derivative works, modifications, remixes, or altered versions of the files; (iii) Use Professional Content in any future production, workshop, education program, class, camp, or project; (iv) Upload the files to public or unsecured cloud platforms (including YouTube, Vimeo, Google Drive, Dropbox links shared externally, school portals, or social media); (v) Create any audio or visual recordings of the production, rehearsal, or performance that capture the Professional Content, unless separately licensed; (vi) Broadcast, livestream, simulcast, post online, or digitally distribute any portion of the production containing Professional Content; (vii) Retain, archive, store, or possess any copies after the expiration of the Rental Term; or (viii) Use Professional Content in any manner that would compete with, replicate, or diminish the commercial value of BMD’s products. These prohibitions apply regardless of delivery format.
5. Protection of Creative Rights. All rights, title, and interest in the Professional Content remain with BMD or its licensors. Recipient acknowledges: No ownership or authorship rights are transferred; All copyright protections remain fully in force; The Professional License grants technical flexibility, not expanded creative permissions; Recipient must ensure compliance by all directors, choreographers, designers, teachers, staff, technicians, volunteers, cast members, and contractors involved in the production. Recipient is responsible for all misuse by affiliated persons.
6. Technical Usage Limits. Under the Professional License, Recipient may: (i) Install Professional Content on no more than two (2) devices; (ii) Use Professional Content exclusively for the contracted production and venue; and (iii) Store files only on secure, access-controlled internal systems. Recipient may not exceed these limits without written authorization from BMD.
7. Professional License Fee. In consideration of the higher technical access and increased piracy risk, Recipient agrees to pay a separate Professional License Fee, as listed in the order or invoicing documentation. The Professional License Fee is non-refundable once delivery occurs.
8. Destruction and Removal at End of Rental Term. Upon the expiration of the Rental Term: (i) All usage rights immediately terminate; (ii) Recipient must permanently delete and destroy all copies of Professional Content from all devices, drives, servers, cloud accounts, backups, emails, and portable media; and (iii) Recipient must cease all use in rehearsals, classes, or performances. BMD may request written certification of destruction within five (5) days. Failure to comply constitutes a material breach of this Rider and the Agreement.
9. Indemnification. Recipient agrees to indemnify and hold harmless BMD and its licensors from any and all claims, damages, losses, expenses, and liabilities (including attorneys’ fees) arising from: (i) Unauthorized use, copying, retention, or distribution of Professional Content; (ii) Breach of this Rider or the Agreement; (iii) Misuse by any member of the Recipient’s staff, cast, crew, volunteers, or contractors; (iv) Any third-party complaints or legal actions caused by the Recipient’s use of Professional Content.
10. Remedies and Enforcement. Because Professional Content is delivered in unprotected formats, the Recipient acknowledges that any unauthorized copying, sharing, retention, or distribution causes immediate and irreparable harm. BMD may seek injunctive relief, statutory damages, actual damages, and attorneys’ fees. Further, BMD may immediately terminate the Agreement and Rider without refund and BMD may issue invoices for unauthorized usage fees, replacement value, professional-tier penalties, or damages. These remedies are cumulative and do not limit any other legal or equitable rights available to BMD.
11. No Returns or Exchanges. Once Professional Content has been delivered, no returns, exchanges, or refunds shall be provided.
12. Priority of Terms. If any conflict exists between this Rider and the Agreement, the terms of this Rider shall control for all Professional Content delivered hereunder. All other terms of the Agreement remain in full force and effect.
13. Acceptance. Recipient acknowledges that payment, delivery, installation, access, or use of Professional Content constitutes full and binding acceptance of this Rider, regardless of whether the Recipient signs a separate document or clicks acceptance.

Section 3. Original Content Rider

This Rider is attached to and incorporated into the Broadway Media Distribution, Inc. End User Content Rental License Agreement, included above for reference purposes.
This Original Content Rider (“Rider”) is hereby attached to, incorporated in, and made part of the Broadway Media Distribution, Inc. (“BMD”) End-User Content Rental License Agreement (“Agreement”). By (i) placing an order, (ii) submitting payment, or (iii) accepting delivery of any BMD Content (as defined below), the Recipient acknowledges and agrees to the following terms, conditions, and restrictions, which apply specifically to any and all Original Broadway Content included within BMD’s licensed products.
1. Definition of “Original Broadway Content”. For purposes of this Rider, “Original Broadway Content” means any elements derived from or inspired by the original Broadway, Off-Broadway, West End, touring, or first-class productions of the licensed work, including but not limited to: Scenic, projection, or media design elements; Choreography or movement patterns; Costume, lighting, sound or prop design; Stage direction, blocking, or conceptual staging; Logos, artwork, typographic treatments, or trade dress; Photographs, renderings, archival media, or filmed segments; and, Any creative asset supplied by BMD under a license from the original Broadway design team or rightsholders. All such elements remain the exclusive intellectual property of the original creators and/or their estates, representatives, licensors, or assigns.
2. Limited, Revocable License. Recipient is granted a limited, non-exclusive, non-transferable, revocable license to use the Original Broadway Content solely for the live, in-person stage production for which the Content was licensed. Such use: (i) Must occur exclusively during the Rental Term; (ii) Must occur only at the venue, on the dates, and by the producing organization named on the order; and (iii) Must not extend to recordings, digital distribution, broadcast, streaming, simulcast, online sharing, advertising media, or any derivative use unless separately licensed. Please note, no ownership or authorship rights are transferred to Recipient.
3. No Copying, Replication, Reconstruction, or Reverse Engineering. Recipient may not: (i) Replicate, re-stage, or reproduce any choreography, staging, designs, or artwork except as specifically included in BMD’s licensed Content; (ii) Recreate or rebuild the Broadway production, “look,” staging, or artistic concepts outside the scope of the licensed BMD materials; (iii) Extract, isolate, or adapt any Original Broadway Content for use in other productions, workshops, classes, reels, online platforms, or future performances; (iv) Use the Content for educational, choreographic, archival, commercial, or derivative purposes beyond the licensed production. Please note, any such use constitutes copyright infringement and immediate breach of both this Rider and the Agreement.
4. Prohibited Recording, Streaming, Distribution, or Archiving. Recipient is expressly prohibited from creating or permitting: (i) Any video recording, whether for archival, educational, rehearsal, or distribution purposes; (ii) Any audio recording of performances or rehearsals; (iii) Any broadcast, simulcast, live stream, upload, posting, or digital sharing (including YouTube, TikTok, Instagram, Facebook, school platforms, or shared drives); and (iv) Any photography or documentation of the Original Broadway Content beyond internal production-only reference use. Please note, if Recipient seeks to record or stream their production, they must obtain separate written authorization from BMD and/or applicable rightsholders. Additional fees may apply.
5. Protection of Third-Party Rights. Recipient acknowledges that all Original Broadway Content is protected by U.S. and international copyright law, and remains the exclusive property of the original designers, choreographers, directors, playwrights, licensors, and/or other third-party rightsholders. Recipient agrees: (i) To uphold all obligations owed to such third parties; (ii) That BMD licenses such Content under strictly limited rights and cannot authorize unlicensed uses; and (iii) That all moral rights, integrity rights, and attribution rights remain with the original creators.
6. Creative Team Obligations. Recipient represents and warrants that: (i) The director, choreographer, designers, technicians, and all members of the creative team have been informed of this Rider and its restrictions; (ii) No member of the creative team will copy, reconstruct, trace, or otherwise appropriate any Broadway creative elements outside of what BMD has explicitly provided; (iii) Any choreography, blocking, staging, visual design, or conceptual elements beyond the BMD-supplied Content must be original to the creative team. And (iv) Recipient bears all responsibility for any unauthorized use by its employees, cast, crew, volunteers, or contractors.
7. Billing, Credit, and Attribution Requirements. Any printed or digital program, website, or promotional material for the production must include: (i) Required Ownership Billing: (a) “Original Broadway Materials provided through special arrangement with Broadway Media Distribution, Inc. (www.broadwaymedia.com).”, further; if BMD provides material derived from a specific designer, choreographer, or creative contributor, Recipient must also include: “Original Materials from the Original Broadway Production by [DESIGNER / CHOREOGRAPHER / ARTIST NAME].”; and (ii) BMD may require additional billing language depending on the work and underlying contracts with licensors.
8. No Modification or Alteration. Recipient may not: (i) Alter, edit, crop, merge, remix, recolor, manipulate, or distort any Original Broadway Content; (ii) Add new elements to the content that obscure or alter the original creative intent; or (iii) Extract the Content for use in projection mapping systems, LED walls, scenic automation, XR/AR platforms, or digital environments unless explicitly permitted by BMD. Please note, all alterations require advance written consent from BMD.
9. Return, Removal, and Destruction. Upon expiration of the Rental Term: (i) All rights automatically terminate; (ii) Recipient must immediately cease use of all Original Broadway Content; (iii) All copies must be permanently deleted and destroyed (including backups, cloud storage, emails, drives, and portable media). Failure to comply constitutes infringement and triggers BMD’s rights under Section 11 (below).
10. Indemnification. Recipient agrees to indemnify, defend, and hold harmless BMD, BMD’s licensors, The original Broadway designers, choreographers, directors, producers, authors, estates, and rightsholders; from any claim, demand, liability, damages, attorneys' fees, or costs arising out of Recipient’s use or misuse of the Original Broadway Content, including any unauthorized copying, staging, recording, or distribution by the Recipient, its staff, or any affiliated party.
11. Enforcement, Remedies, and Damages. Recipient acknowledges that: (i) Any unlicensed use, retention, copying, or distribution of Original Broadway Content causes immediate and irreparable harm to BMD and to the original creators; (ii) BMD may seek injunctive relief, statutory damages, actual damages, and attorneys’ fees in accordance with copyright law; (iii) BMD may terminate the Agreement and Rider immediately (without refund) upon breach; and (iv) BMD may invoice Recipient for unauthorized usage fees, commercial damages, or professional-tier licensing rates. These rights are cumulative and do not limit any other legal or equitable remedies available to BMD.
12. Governing Law. This Rider shall be governed by the same jurisdiction and choice of law provisions as the Agreement, unless otherwise specified by BMD’s underlying contracts with the Broadway rightsholders.
13. Acceptance. Recipient’s placement of an order, payment, acceptance of delivery, or use of the Original Broadway Content constitutes full and binding acceptance of this Rider.

Section 4. Additional Use Rider

This Additional Use Rider (“Rider”) is attached to and incorporated into the Broadway Media Distribution, Inc. End User Content Rental License Agreement (“Agreement”). This Rider applies to any request by Recipient for uses beyond the standard License, the Professional License, or the Original Content Rider.
No additional use rights are granted unless and until:
1.
Recipient submits a written request to BMD, and
2.
BMD issues written approval confirming the permitted use.
Absent written approval, all such uses are expressly prohibited.
1. Educational Use Permissions (If Approved). If Recipient seeks to use BMD Content for instructional, classroom, rehearsal, training, curriculum, workshop, or non-performance educational purposes, including but not limited to: (i) Posting or sharing materials through school LMS platforms (Google Classroom, Canvas, Schoology, etc.), (ii) Providing students access to choreography videos, reference materials, or rehearsal media, and (iii) Creating internal rehearsal or teaching footage. Recipient must request permission in writing. If approved, BMD’s written approval will define who may access materials, the platform and security requirements, its usage boundaries and expiration, and the destruction/removal obligations. No educational use is permitted without written authorization.
2. Streaming and Recording Permissions (If Approved). If Recipient seeks to record, livestream, broadcast, distribute digitally, or post online any portion of the production or rehearsals that contain or reference BMD Content, including: (i) Video recordings (archival, cast-use, or public) (ii) Livestreaming (public or private) (iii) On-demand hosting or temporary viewing windows or (iv) Posting promotional clips or excerpts; Recipient must request written approval from BMD in advance. If granted, BMD’s approval will establish the recording and distribution windows, the host platforms, DRM/password requirements, any watermarking or attribution rules, and additional fees, royalties, or reporting. Unless expressly approved in writing, all recording and streaming remain strictly prohibited.
3. Custom Content Permissions (If Applicable and Approved). If Recipient requests custom creation, modification, adaptation, editing, or alteration of BMD Content including: (i) Custom projections or production design assets, (ii) Adjustments or edits to choreography or staging media, (iii) Timing changes, color adjustments, aspect ratio changes, or (iv) New variations, derivative versions, or integrations; Recipient must request approval in writing. If BMD agrees to provide such custom services, BMD will define in writing (where applicable) ownership and license terms for the custom work; delivery format and revision limits; fees for creation or modification; whether any rights extend beyond the licensed production. However, if BMD provides custom work and does not expressly define such terms in writing, then the following shall automatically apply: All ownership rights in the custom work, regardless of whether created by BMD, jointly with Recipient, or incorporating materials supplied by Recipient, shall vest solely in BMD or its assigns; Recipient’s rights to use such custom work shall be strictly limited to the single production and Rental Term for which the Content was licensed; and any materials, assets, files, or creative elements supplied by Recipient for use in the custom work shall be deemed licensed to BMD on a royalty-free, worldwide, irrevocable basis solely for purposes of creating, modifying, delivering, or supporting the custom content. Therefore, Recipient shall receive no rights to reuse, reproduce, distribute, alter, or exploit the custom work in any other production or context unless expressly approved by BMD in writing. No custom content rights, ownership, usage expansion, or derivative permissions shall be implied under any circumstances.
4. BMD Discretion and Governing Effect. All approvals under this Rider are granted solely at BMD’s discretion. All permitted uses under this Rider are non-transferable, revocable and subject to the same expiration, destruction, and protection obligations as all other BMD Content. This Rider governs all such Additional Uses. In the event of conflict, this Rider supersedes the Agreement only with respect to additional uses expressly approved in writing by BMD.
5. Acceptance. Any approved Additional Use is effective only when BMD issues explicit written confirmation. Recipient’s use of any approved Additional Use constitutes acceptance of this Rider.