Agreement for Motion Picture Actor Performance

Agreement Motion Picture Actor to Perform as Directed by Producer

Employment Agreement made on the (date), between of referred to herein as Actor, and a corporation organized and existing under the laws of the state of with its principal office located at referred to herein as Producer.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows:

1. Employment of Actor. Producer engages Actor to render his/her exclusive services as provided for in this Agreement, for a term of beginning on , and Actor accepts such employment, subject to all the terms and conditions of this Agreement.

2. Duties of Actor

A. Actor to Obey Rules. Actor shall promptly and faithfully comply with all requirements, directions, requests, and rules and regulations made by Producer in connection with the conduct of its business.

B. Performances. Actor shall perform as an Actor in such roles and in such motion pictures, at such times and places, and as often, as Producer shall request. Actor shall render his/her services conscientiously and to the best of his/her ability.

C. Other Activities Requiring Actor's Presence. When requested by Producer to do so, Actor shall report at Producer's studio or at any other place Producer may designate for wardrobe fittings, publicity interviews, publicity photograph sittings, and for such other purposes and for such discussions as Producer may deem necessary or desirable.

D. Places of Performance. Should Actor be required to perform any services pursuant to this Agreement in any place other than , or any other city to which Producer may later remove its basic studio operations, Producer shall pay all necessary traveling expenses and hotel bills or other charges for food and lodging for Actor while away from the above-described cities at the request or direction of Producer.

3. Actor’s Compensation. Producer shall pay Actor, as compensation for his/her services under this Agreement and all rights granted in this Agreement, $ per week, payable on the day of each week for services rendered up to and including the preceding .

4. Producer’s Obligation to Permit Actor to Perform. Producer shall be under no obligation to cause or to allow Actor to perform any services other than those specified in and under this Agreement.

5. Layoffs

A. Layoff Periods. Producer may, at its option, lay off Actor, without pay, for a period or aggregate of periods not to exceed weeks during the term of this Agreement, as specified in Section 1. No such layoff, except the last during any contract period, shall be for a period of less than weeks.

B. Retakes and Added Scenes. Producer may require Actor to report during any layoff period for retakes and added scenes. For such services Actor shall be paid a salary of $ for each day or part of a day.

6. Performances other than in Motion Pictures

A. Radio and Television. Actor shall, on request of Producer, and without additional compensation, render his/her services in connection with radio and television broadcasts, whether such broadcasts are live, recorded, or videotaped, or are made by Producer or another person, firm, corporation, or other entity.

B. Personal Appearances and Legitimate Stage. Actor shall, on request of Producer, make such personal appearances and participate in such legitimate stage productions, at such times and places and in such capacities, as Producer shall deem advantageous to it. Actor shall receive, in addition to the compensation set forth in Section 4 of this Agreement, a salary of $ for each week or fraction of a week that Actor renders services simultaneously in motion pictures and on the legitimate stage. Actor shall receive no additional compensation for other personal appearances made pursuant to this Section.

7. Actor to Render Services Exclusively for Producer

A. Actor shall, during the term of this Agreement, render the services provided for in this Agreement exclusively to Producer, and shall not, during such time, make any public or private appearances in any way connected with the entertainment business, or engage in any similar activity, without the prior, express, and written consent of Producer.

B. Actor shall not permit any other person, firm, corporation, or other entity to advertise, announce, or make known, directly or indirectly, by paid advertisements, press notices, or otherwise, that Actor has contracted to do or perform any act or service contrary to the terms of this Agreement, nor shall Actor, during the term of this Agreement, employ a personal press or publicity agent or authorize any person to perform the duties of a personal press or publicity agent on his/her behalf.

8. Photographs and Recordings. Actor grants to Producer the exclusive right to photograph and record any or all of his/her appearances or performances pursuant to this Agreement, to reproduce such photographs and recordings or any part of them by any method, and to distribute such photographs and distribute, sell, or lease such recordings, or license others to do so, in connection with advertising material or otherwise, as Producer may deem necessary or advisable.

9. Ownership and Control of Products. Producer shall have the exclusive and complete control of, title to, and right of copyright to all photographs and recordings made pursuant to Section 8 of this Agreement, or any parts of them, as well as in the name of Actor in connection with motion pictures produced under and pursuant to this Agreement.

10. Performances of Actor

A. Wardrobe. Producer shall provide, at its expense, such wardrobe and wearing apparel as may be necessary for any character or role to be portrayed by Actor pursuant to this Agreement, except for footwear, hosiery, and underclothing, which shall be supplied by Actor at his/her own expense.

B. Dubbing and Other Substitutions. Producer may cause the Actor's voice to be dubbed, may use a double or substitute to perform in place of Actor, or may use another Actor to produce all instrumental, musical or other sound effects required to be produced by Actor in any role that he/she shall play under and pursuant to this Agreement, but only:

1. When necessary to expeditiously meet the requirements of foreign exhibition;

2. When necessary to expeditiously meet censorship requirements, both foreign and domestic;

3. When, in the opinion of Producer, the failure to use a double for the performance of hazardous acts might result in physical injury to Actor;

4. When Actor is not available; and certain requirements of a role, such as singing, the rendition of instrumental music, or other similar services requiring special talent or ability other than that possessed by Actor.

11. Actor’s Name and Likeness

A. Actor grants to Producer and its licensees the exclusive right, during the term of this Agreement, to use Actor's professional name and likeness for advertising, commercial, or publicity purposes, whether or not in connection with the appearances and performances of the Actor or the advertising or publicity of the motion pictures produced under and pursuant to this Agreement.

B. Any Agreements, arrangements, or so-called advertising tie-ups made by Producer during the term of this Agreement in accordance with this Section may extend for a reasonable period, not exceeding years, after the termination of this Agreement.

C. Actor shall at no time during the term of this Agreement authorize or permit any person, firm, corporation, or other entity, other than Producer, to make use of his/her name or likeness.

D. Producer may, in the name of Actor or otherwise, institute any proper legal proceedings to protect or enforce the rights granted in this Section.

12. Actor’s Conduct Actor shall conduct himself with due regard to public convention and morals and shall not do any act that will tend to degrade him/her in society or bring him/her into public hatred, contempt, scorn, or ridicule, or that will tend to shock, insult, or offend the community, or ridicule public morals or decency, or prejudice Producer or the motion picture industry in general, and shall not do any act that will tend to injure his/her capacity to fully comply with and perform all of the terms and conditions of this Agreement or which will tend to injure his/her physical or mental qualities. Producer may, at its option, on days' notice to Actor, terminate this Agreement for breach of the provisions of this Section.

13. Actor’s Inability to Perform

A. Suspension or Termination of Contract. If Actor becomes incapacitated from fully performing and complying with his/her obligations under this Agreement by reason of mental or physical disability or otherwise, or if Actor suffers any facial or physical disfigurement materially interfering with his/her ability to speak, or if there is any material change in the facial or physical appearance of Actor, then at its option, Producer may refuse to pay Actor compensation during the period of such incapacity, impairment, or change, and Producer may, at its option, cause the term of this Agreement to be extended for a period equivalent to the period during which Producer shall have refused to pay compensation under the provisions of this section. In the event of the continuance of such incapacity, impairment, or change for a period or aggregate of periods in excess of weeks during the term of this Agreement, Producer, at its option, may terminate this Agreement by giving days' notice in writing to Actor.

B. Medical Examination. Should Actor suffer or assert any incapacity within the scope of Paragraph A above, he/she shall, on the request of Producer, submit to a physical examination or examinations, by Producer's physician or otherwise, in order that the existence, nature, and extent of such incapacity may be determined.

C. Disability after Commencement of Production. Since Producer would suffer great damage if Actor were unable to complete the services required of him/her in any production in which he/she shall once have appeared, if, at any time prior to commencement of filming of any production in which Actor is to appear, Producer shall have reason to believe that Actor is in such physical condition as to make it doubtful that Actor will be able to complete the required services, Producer shall so notify Actor, and Actor then shall submit to examination by a physician or physicians designated by Producer in conjunction with, if so requested by Actor, a physician or physicians designated by Actor.

D. Absence; Damages. If Actor is absent on any day or days or a portion of a day on which his/her services are required under this Agreement, for any reason other than his/her unavoidable physical disability, he/she shall pay to Producer, on demand, the amount of any and all loss, costs, and expenses paid or incurred by Producer by reason, directly or indirectly, of such absence, or on account of the delay, inactivity, or inconvenience occasioned by such absence.

14. Interruption of Production or Exhibition of Motion Pictures

A. Suspension Period for Interruption of Production. Should the production or completion of motion picture productions by Producer, or by any person, firm, corporation, or other entity to whom the services of Actor are loaned by Producer pursuant to this Agreement, be prevented, materially hampered, or interrupted by reason of any fire, casualty, strike, unavoidable accident, act of God, war, epidemic, the legislation, order, rule, or decision of any legally constituted authority, or any other cause beyond the control of Producer, or by reason of Producer's inability, without its fault, to obtain the material, transportation, power, or other essential commodity required in the conduct of Producer's business, or by reason of the illness or incapacity of the director or of any principal member of the cast other than Actor of any production to which same has been assigned, then Producer shall not be obligated to pay Actor any compensation, and he/she, in the event of such nonpayment by Producer as provided in this Section, shall not be obligated to render services to Producer during the continuance of such event, referred to in this Agreement as the suspension period.

B. Suspension Period for Closing of Theaters. Should the majority of the motion picture theaters in the United States from which Producer directly or indirectly derives revenue from use of its product, or a majority of the motion picture theaters owned, controlled, or operated by Producer, its subsidiaries, or affiliates, be closed for any reason for a period of or more, then Producer shall not be obligated to pay Actor any compensation, and Actor, in the event of the nonpayment by Producer as provided in this Section, shall not be obligated to render any services to Producer for a period equivalent to the length of time theaters shall be closed, provided, however, that the right of Producer not to pay Actor any compensation may be continued by Producer, at its option, until a time not later than weeks after such theaters have reopened.

C. Extension of Contract. This Agreement and all of its provisions may, at Producer's option, be extended for a period equivalent to any suspension period that may occur under the provisions of this Section.

D. Termination of Contract. If any suspension period under the provisions of this Section should continue for a period in excess of weeks during the term of this Agreement, then either Actor or Producer may elect to terminate this Agreement. However, should Actor so elect to terminate this Agreement, he/she shall serve notice of such election on Producer, and if Producer shall resume payment of the weekly compensation provided for in this Agreement, commencing as of not later than days after the receipt of such notice from Actor, then such election shall not be effective and this Agreement shall continue in full force and effect.

15. Loan of Actor’s Services

A. In General. Producer may at any time during the term of this Agreement and for any period or aggregate of periods during the term of this Agreement, lend the services of Actor to or for any person, firm, corporation, or other entity in any capacity in which Actor is required to render his/her services pursuant to this Agreement; provided, however, that this Agreement shall continue in full force and effect and that Actor shall not be required to do any act or perform any services contrary to the provisions of this Agreement.

B. Loan for Production of Motion Pictures. Should Producer loan the services of Actor in connection with the production of any motion picture produced by a person, firm, corporation, or other entity, other than Producer, such loan shall be to a major producer, as such term is understood in the motion picture industry, or to a producer having a so-called major release for its product.

C. Breach of Contract. Any breach by any such person, firm, corporation, or other entity of any of the terms of this Agreement shall not constitute a breach by Producer of its obligations under this Agreement, nor shall Actor have the right to terminate this Agreement by reason of such breach, but Actor shall, at his/her option, be released from the obligation to render any further services to such person, firm, corporation, or other entity.

D. Compensation during Loan Period. During any period in which the services of Actor are loaned to another person, firm, corporation, or other entity pursuant to the provisions of this section, Producer shall continue to pay to Actor the weekly compensation provided in Section 3 of this Agreement.

16. Assignment or Transfer of Contract Rights

A. Producer may sell, transfer, assign, or otherwise dispose of its rights under this Agreement, in whole or in part, including, but not limited to, the services of Actor in any or all capacities set forth in this Agreement, to any person, firm, corporation, or other entity.

B. In the event of such a sale, transfer or disposition, Actor shall continue to perform his/her duties pursuant to this Agreement according to the terms of this Agreement for such assignee or transferee.

17. Equitable Remedies for Breach. The services to be rendered by Actor and the rights and privileges granted to Producer by Actor under this Agreement are of a unique character and have a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in any action at law, and a breach by Actor of any of the provisions contained in this Agreement will cause Producer great and irreparable injury and damage. Producer shall, therefore, in addition to any other remedies to which it may be entitled, be entitled to the remedies of injunction, specific performance, and other equitable relief to prevent a breach of this Agreement by Actor.

18. Default of Actor

A. Cessation of Compensation. In the event of the failure, refusal, or neglect of Actor to perform his/her services in accordance with this Agreement (referred to in this Agreement as default) Producer may, at its option and in addition to any other remedies that it may have by reason of such default, cease to pay Actor any compensation from the time of commencement of such default, until Actor shall give Producer notice in writing that he/she is ready, able, and willing to resume the rendition of his/her services in accordance with the terms of this Agreement, and days have elapsed after receipt of such notice by Producer, or prior to such time Producer has notified Actor of Producer's willingness to accept Actor's services so tendered at an earlier date.

B. Substituted Actor. If, prior to the receipt of such notice from Actor tendering his/her services, Producer shall have assigned or cast another person to portray the role or perform the services in connection with which Actor is in default under this Agreement and within such days' period shall have notified Actor of such substitution, then Producer shall be under no obligation to resume payment of compensation to Actor until the completion of the services of such substituted actor, or for a period of days after the last mentioned notice to Actor of the substitution of another player, whichever period is shorter.

C. Resumption of Payments. On the day specified by Producer under the provisions of Paragraphs A or B of this Section, or in the absence of designation of earlier dates by Producer, at the times fixed by those paragraphs, Producer shall resume payment of compensation to Actor under this Agreement, provided that at such time Actor presents himself personally to Producer at Producer's studio in for the purpose of rendering his/her services under this Agreement and in good faith resumes such rendition.

D. Extension of Contract. Producer may, at its option, extend the term of this Agreement and all of its provisions for a period equivalent to any period during which Producer shall not be obligated to pay compensation to Actor pursuant to this section. The right to refuse Actor compensation under this Agreement shall not be limited as to time but shall continue until the Actor complies with the foregoing conditions or the foregoing events have occurred, but no extension of the term of this Agreement by reason of any single default shall be for a period longer than months.

E. Termination of Contract. Producer may, on default of Actor under this Agreement, at any time prior to the tender of Actor's services by notice and appearance, as provided in Paragraphs A and C of this Section, and in addition to any other right or remedy that it may have, terminate this Agreement. Unless this Agreement is so terminated for cause, the rights of Producer under this Agreement shall remain in full force and effect despite any default on the part of Actor.

F. Provisions not a Penalty. The provisions of this Section shall not be construed as a penalty on Actor, and are agreed to be reasonable and necessary because of the unique nature and exigencies of Producer's business. Actor recognizes that the periods specified in this Section represent the necessary minimum for the reasonable protection of Producer in connection with its normal production activities.

19. Extension of Contract after Suspension of Compensation

A. Exercise of Option to Extend. Whenever Producer is entitled, under the terms of this Agreement, to refuse to pay compensation to Actor for any reason, and Producer is granted an option to extend the term of this Agreement for an equivalent period, such option may be exercised at any time prior to any date established under the provisions of Section 20 of this Agreement on or before which Producer may exercise any other option to extend the term.

B. Adjustment of Compensation. If the term of this Agreement is so extended, and Producer has paid Actor any compensation during all or any period of the time it was entitled to refuse payment of compensation, then Producer shall not be obligated to pay Actor any compensation during such portion of such extension as is equivalent in time to the period for which Producer actually compensated Actor although entitled to refuse to do so.

C. Extension of Time for Exercise of Other Options. If Producer shall exercise any right given it under any provision of this Agreement to extend the term of this Agreement, then the period within which Producer may exercise any other options or rights granted to it in this Agreement, including the options provided for in Section 20, shall likewise be extended by an equal period.

20. Options to Extend Term of Agreement

A. Grant of Options. Actor grants to Producer an option to extend the term of this Agreement for consecutive -week periods, on the same terms and conditions as are contained in this Agreement, except that the salary to be paid to Actor during each such extended period shall be as set forth in the following scale:

1. First extended period: $ per week;

2. Second extended period: $ per week;

3. Third extended period: $ per week;

B. Exercise of Options. If exercised, the above-stated options shall be exercised consecutively, by written notice to Actor given no later than days prior to the expiration of the period immediately preceding the period to which each such option would respectively apply.

C. Layoffs During Extended Periods. Producer may, at its option, lay off Actor, without pay, as provided in Section 5 of this Agreement, for a period or aggregate of periods not to exceed weeks during each of the extended periods for which Producer has exercised the option granted it in this Section to retain Actor's services under and pursuant to this Agreement.

21. Services after Termination or Expiration of Agreement.

A. Completing Production. If, at the time of the expiration of this Agreement by lapse of time or the prior termination of this Agreement, Actor is engaged in any production in which the continued services of Actor are deemed by Producer to be of value to Producer, Actor shall continue to render his/her services until all services required of him/her by Producer in connection with such production have been completed. For such excess services Actor shall receive a salary of $ for each day or fraction of a day on which he/she renders such services.

B. Retakes and Added Scenes. If, after the expiration of this Agreement by lapse of time or the prior termination of this Agreement, Producer should desire the services of Actor in making retakes and added scenes, Actor shall render such services as and when Producer may request. For such additional services, Producer shall pay Actor a salary of $ for each day or fraction of a day on which Actor renders such services.

22. Rights of Assignees and other Transferees. All rights granted to Producer under and pursuant to this Agreement shall inure not only to its benefit but also to the benefit of all persons, firms, corporations, and other entities who may, after the effective date of this Agreement, acquire from Producer any right to distribute, transmit, exhibit, and exploit the product of Producer, or who may, after the effective date of this Agreement, acquire any rights to the services of Actor under and pursuant to this Agreement, and such product may be released under any company or trade name, brand, trademark or other designation desired by Producer.

23. Actor’s Union Membership. Actor represents and warrants that he/she is a member in good standing of and will remain so for the duration of this Agreement.

24. Relief Fund. Actor appoints and authorizes as Actor's attorney-in-fact to collect an amount equal to % of all compensation now or later due or payable to Actor from Producer.

25. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

26. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

27. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

28. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

29. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

30. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

31. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

32. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

33. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

34. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.

Acknowledgements (may vary by state)