Fill and Sign the Independent Contractor Agreement with a Crew Member Form

Independent Contractor Agreement with a Crew Member for a Television Production Agreement made on the ___________________ (date), between ___________________________ (Name of Crew Member) of __________________ ______________________________________________________ (street address, city, state, zip code) , referred to herein as Crew Member, and __________________ ________________ (Name of Production Company) , a corporation organized and existing under the laws of the state of _________________, with its principal office located at ____________________________________________________________ ___________ (street address, city, state, zip code) , referred to herein as Company. 1. Services A. Company hereby engages Crew Member to render (describe type of services) _______________________________________________________ _______________________________________________________________ to Company during the Term hereof. Crew Member will render such services when, where and as reasonably required by Company and will comply with all reasonable directions of Company relative thereto. The services to be rendered by Crew Member hereunder include, but are not limited to, (describe in detail) ____________________________________________________________________________________________________________________________________________________________________________________________ . B. The services to be rendered by Crew Member hereunder shall include all services usually and customarily rendered by and required of persons employed in a similar capacity in the television industry as Crew Member, and such other services as may be required of Crew Member by Company from time to time. 2. Term Crew Member will commence work on ___________________ (date) and, unless otherwise terminated or extended, this Agreement will terminate on ___________________ (date). 3. Compensation Crew Member shall be paid $___________ per week during the Term of this Agreement with partial weeks to be prorated. A week is considered to be _____ days. 4. Per Diem Crew Member shall receive $__________ per day during principal photography for meals. 5. Accommodations Company will provide Crew Member with reasonable living accommodations during the principal photography of the production if Crew Member’s place of residence is over ________ miles from the production sites. 6. CreditA. Crew Member will receive substantially the following credit on all positive prints of the films, the size type and specific placement of which will be in Company’s sole discretion: (Describe Credit) ______________________________________________________________________________________________________________________________ B. No casual or inadvertent failure by Company, nor failure of any third party, to give the applicable credit shall constitute a breach of this Agreement. Company agrees to use all reasonable efforts to rectify any inadvertent omission of Crew Member’s credit upon receipt of notice in writing from Crew Member. 7. Work for Hire A. Company shall own all rights in perpetuity in the Film, including all copyrights and trademarks therein, in all media, in all forms and by every method now known or hereafter created, and in all of the results and proceeds of Crew Member’s services hereunder (the Work). Crew Member acknowledges that the Work is a work specially ordered by Company for use as part of the television production, and, therefore, the Work shall be deemed “work made for hire” under section 101 of the Copyright Act of 1976 as amended; but in the event it is determined that the Work in whole or in part is not “work made for hire,” Crew Member hereby irrevocably assigns, conveys, and transfers to Company all proprietary rights he may own, including all copyrights and trademarks throughout the world in perpetuity in and to such Work and any and all rights of, and titles and interest in and to all proprietary rights in the Work throughout the world in perpetuity. Such assignment shall also include the goodwill associated with any trademarks assigned herein. B. Without in any way limiting the generality of the foregoing, the rights herein granted to Company shall include all motion picture, television, radio, dramatic, publication, merchandising, and all other rights in and to the Work and the Films, including the sole and exclusive right to photograph, perform, exhibit, not exhibit, distribute, reproduce, transmit, broadcast or otherwise communicate the same. Company shall have unlimited re-release, foreign release, theatrical exhibition, supplemental market and all other rights to the Work and the Films. Company, and Company’s licensees and assigns shall have the right to adapt, change, revise, delete from, add to, and rearrange the Work or any part thereof submitted by Crew Member hereunder, and to combine the same with other materials in the Films or any other related work, or otherwise, to any extent, and in this connection Crew Member hereby waives any so-called “moral rights.” 8. Confidentiality Crew Member agrees that she will not divulge or make known to any person or entity any matters of a confidential nature pertaining to Company’s business. 9. Independent Contractor Status Crew Member is an independent contractor and is not an employee, servant, partner or joint venturer of Company. Company shall determine the services to be provided by Crew Member, but Crew Member shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Company is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Crew Member is not entitled to receive the benefits which employees of Company and is not entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Company. It is further understood that Crew Member is free to contract for similar services to be performed for other film producer or organizations while under contract with Company. 10. Termination with and without Cause A. Company may terminate this Agreement any time and for any or no reason (i.e., without Cause) by providing Crew Member with _____ (number) days prior written notice, which notice the Company can waive, in whole or in part, in its sole discretion, by paying Crew Member for such time; provided, however, the Company may terminate the Agreement immediately if there is Cause, in the event of Crew Member’s Disability and in the event of Crew Member’s death. B. Company may terminate this Agreement immediately and without prior notice at any time for Cause, which for purposes of this Agreement shall mean any of the following: (i) self-dealing, willful misconduct, fraud, misappropriation, embezzlement, dishonesty, or misrepresentation (other than a good faith dispute over an expense account charge that is of an immaterial and insignificant amount); (ii) being charged by governmental authorities with or convicted of a felony; (iii) material failure of Crew Member to perform his known duties and responsibilities to the Company; (iv) gross negligence; (v) any violation of the Company's Code of Business Conduct and Ethics (as it may be amended, restated, or replaced from time to time); (vi) violation in any material respect by Crew Member of any policy, rule, or reasonable direction or regulation of the Company; any violation by Crew Member of the provisions of the Confidentiality Agreement described in Section 9 above; or (viii) any violation by Crew Member of any material provision of this Agreement. C. Disability shall mean Crew Member’s inability, for a total of _______ (number) weeks or more in any rolling _______ (number)-month period to perform the essential duties of Crew Member's position, with any reasonable accommodation required by law, due to a mental or physical impairment which substantially limits one or more major life activities. The determination as to whether Crew Member has a Disability shall be made by a physician selected by the Company, and Crew Member agrees to submit to reasonable medical examinations upon the request and at the expense of the Company. 11. 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. 12. 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. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 14. 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. 15. Mandatory Arbitration 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. 16. 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. 17. 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. 18. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. 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. 20. 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. 21. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. __________________________ (Name of Production Company) ___________________________ By:_______________________________ (Printed Name of Crew Member) _________________________ ___________________________ (Printed Name & Office in Corporation) (Signature of Crew Member) ________________________ (Signature of Officer)