Agreement Motion Picture Actor to Perform as Directed by Producer
Employment Agreement made on the __________________ (date), between
____________________________ (Name of Actor) of __________________________
________________________________________ (street address, city, state, zip code) ,
referred to herein as Actor, and __________________________ (Name of Producer), a
corporation organized and existing under the laws of the state of __________________
(Name of State) , with its principal office located at ______________________________
________________________________________ (street address, city, state, zip code) ,
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 _______ (number) weeks
beginning on ___________________ (date) , 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 ________________
___________________________________________ (specify cities and states) ,
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 ______ (number of day) day of each week for services
rendered up to and including the preceding ______________ (day).
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 _______ (number) 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
_______ (number) consecutive 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. The term retakes
and added scenes shall mean any additional services required in connection
with a motion picture after its first apparent completion, including, but not limited
to, the making of changes, sound tracks or recordings, process shots,
transparencies, trick shots, trailers, and still photographs, as well as the making
of complete added scenes or sequences or the retaking of existing scenes, and
other similar services necessary or desirable in connection with any motion
picture prior to final public release.
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. All
wardrobe and apparel furnished or paid for by Producer shall remain its property
and shall be promptly returned to Producer on completion of the role for which
such wardrobe and apparel was necessary.
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 ______ (number) years, after the
termination of this Agreement, but after such termination no such Agreement,
arrangement, or tie-up shall be considered exclusive, and Actor shall have the
right to enter into such Agreements or transactions with reference to the use
of his/her professional name or likeness as he/she may deem proper.
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 _______ (number) 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 _____ (number) weeks during the term of this Agreement,
Producer, at its option, may terminate this Agreement by giving
_____ (number) 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.
Both Actor and Producer agree to abide by the report of such physician or
physicians. If such report indicates a reasonable doubt that Actor would be
physically able to complete the services required in the designated production,
Actor shall be deemed incapacitated within the meaning of this Section, and
Producer may, at its option refuse to pay Actor compensation during the
continuance of such incapacity or for a period equivalent to the time that would
normally be required for his/her Actor to complete his/her role in the production,
whichever period is shorter. Should the reports of the physicians designated by
Producer and Actor respectively be opposed, then such physicians shall choose
another disinterested physician, whose fees shall be borne equally by Producer
and Actor, and the report of such physician shall be final and binding on both
Producer and 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 ______ (number) consecutive
days 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 ______
(number) weeks after such theaters have reopened; all similarly referred to in this
Agreement as the suspension period.
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 ______ (number) 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 ______ (number) 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. If, however, Producer shall
not so resume the payment of such compensation, then this Agreement shall be
terminated.
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. During such period or
aggregate of periods, Actor shall render his/her services to such other person,
firm, corporation, or other entity to the best of his/her ability.
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
1. _______ (Number) days have elapsed after receipt of such notice
by Producer, or
2. 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 ______ (number) 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 _____ (number) days
after the last mentioned notice to Actor of the substitution of another player,
whichever period is shorter, unless Producer shall notify Actor of Producer's
willingness to accept the services of Actor so tendered at an earlier date.
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 _________________________ (name of city and state ), 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 _____ (number) 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 ______ (number) consecutive _______ (number) -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
______ (number) 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 _____ (number ) 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/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. Such services to be rendered
by Actor shall be arranged for at the most convenient time for Producer, Actor,
and any other employer for whom Actor may be working at the time. 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 ______________________________ (name of union) and
will remain so for the duration of this Agreement.
24. Relief Fund. Actor appoints and authorizes _________________________
(Name of Actor’s relief fund) as Actor's attorney-in-fact to collect an amount equal to
________% (percentage) of all compensation now or later due or payable to Actor from
Producer. This power of attorney shall remain in effect until written notice of the
revocation of this appointment and authorization is served on Producer by Actor.
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 __________________ (name of state).
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.
_____________________________
(Name of Producer)
________________________ By: ______________________________
(P rinted Name of Actor) _________________________________
(P rinted Name & Office in Corporation)
________________________ _______________________
(Signature of Actor) (Signature of Officer)
Acknowledgements (may vary by state)
