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This is the actors contract that would need to be filled out by each actor in the film.
MAIN AGREEMENT
Dated: ____________________
PRODUCER: (“the Producer”)
Name: _____________________________________________________________
Email: _____________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________
_____________________________________________________________
ARTIST: (“the
Artist”)
Name: _____________________________________________________________
Email: _____________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________
_____________________________________________________________
FILM TITLE: (“) ________________________________________________
ROLE: ________________________________________________
1.
Services:
Producer hereby engages Artist as a performer in the Film portraying in the role
described above (as said role may be changed or rewritten at Producer’s
discretion)
2.
Start Date: It is
presently contemplated that read through day will commence on the 5/1/15 and
rehearsals will commence on the 5/2/15 and that principal photography shall
commence on____________________provided however Artist’s services shall
commence no later than____________________subject to events of force majeure.
Artist agrees to remain available and not accept another engagement which would
conflict or interfere with Artist obligations hereunder
3.
Guaranteed Period
of Engagement: Term: The term of Artist’s engagement hereunder shall commence
on the start date and continue subject only to the provisions for suspension
and termination set out in Exhibit A hereto for a minimum period of
____________________ (__________) weeks (“Guaranteed Period of Engagement”) and
thereafter for the period necessary to complete all continuous services
required by Producer from Artist in connection with principal photography of
the Film. Artist shall perform additional services prior to and after the term
in accordance with the provisions of clause 4 hereof
4.
Additional
Services: The Artist shall on written notice from the Producer perform
additional services (“Additional Services”) on ____________________ or such
other or additional day notified to the Artist by the Producer in connection
with principal photography of the Film
5.
Further Services:
If the Producer requires the Artist’s services after the Guaranteed Period of
Engagement and not for any Additional Services the Artist shall if so requested
by the Producer render such further services (“Further Services”) which shall
include without limitation dubbing and post-synchronisation subject to the
Artist’s prior professional engagements
6.
Basic
Compensation: Subject to the provisions of this Agreement and provided that
Artist shall keep and perform all covenants and conditions to be kept and
performed by Artist hereunder Producer agrees as full compensation for services
rendered and for all rights granted to the Producer hereunder to pay Artist as
follows:-
(a)
Guaranteed
Compensation: For the Guaranteed Period of Engagement, Artist shall receive the
sum of ____________________ dollars ($__________) payable as to
____________________ dollars ($__________) following the first week of
rehearsals inclusive of the read through day and ____________________ dollars
($__________) following the ____________________ weeks of rehearsals and as to
the balance following the end of the first full week of Artist’s services in
principal photography of the Film. Such payment shall be made to Artist care of
(____________________). If the Artist renders Additional Services, Artist shall
receive ____________________ dollars ($__________) for each day after which he
attends at the request of the Producer and renders services hereunder. If the
Artist renders Further Services, Artist shall receive a further sum (if any) to
be negotiated in good faith between the parties for each day or part day (if
any) upon which he attends at the request of the Producer and renders services
hereunder
7.
Credit
(a)
If Artist shall
keep and perform all covenants and conditions to be kept and performed by the
Artist hereunder and if Artist appears readily recognisable in the Film then
Artist will be accorded credit in the main titles of the Film on all copies of
the Film issued by or under the control of the Producer and in all major paid
advertising excluding the customary industry exclusions. The size type and
placement of such credit shall be at Producer’s sole discretion
8.
Transportation
and Expenses: From the commencement of principal photography until the expiry
of the Term, Producer shall provide Artist with _________________
transportation facilities (state what these are if any and whether other
expenses will be paid)
9.
Conditions:
Artist’s engagement hereunder is subject to Producer obtaining standard cast
insurance for Artist at normal rates
10.
References: The
term of Artist’s engagement hereunder shall be as set forth in this Main Agreement
and in Exhibit “A” attached hereto which is incorporated herein by reference.
In the event of any express inconsistency between the provisions of this Main
Agreement and the provisions of Exhibit / a the provisions of this Main
Agreement shall control
IN WITNESS WHEREOF the parties hereto have executed the within
Agreement as of the date first set forth hereinabove
Producer:
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Print name
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Signature
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Date
Signed
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Artist:
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Print name
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Signature
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Date
Signed
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Witness:
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Print name
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Signature
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Date Signed
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EXHIBIT A
1. The Artist hereby
(a)
Warrants that the
Artist is not under any obligation or disability which might prevent or
restrict the Artist from entering into this agreement or from giving the
undertakings or fully observing and performing the terms and conditions of this
Agreement or granting the rights and consents referred to herein
(b)
Gives all such
consents as are or may be required under the Copyright Designs and Patents Act
1988 or any re-enactment consolidation or amendment thereof or any statute of
like purpose or effect for the time being in force in any part of the world
including but not in limitation of the foregoing all consents under Part II of
the said Act in order that the Producer may make the fullest use of the
Artist’s services provided by the Artist hereunder and furthermore the Artist
hereby irrevocably and unconditionally waives all rights relating to the
Artist’s services in the Film to which the Artist is now or may in the future
be entitled pursuant to the provisions of Section 77 80 84 and 85 of the said
Act and any other moral rights to which the Artist may be entitled under any
legislation now existing or in the future enacted in any part of the world
(c)
warrants that the
Artist is a “qualifying person” and the performance of the Artist is a
“qualifying performance” within the meaning of the Copyright Designs and
Patents Act 1988
2. The Artist undertakes that the Artist shall during the subsistence
of and subject to the terms and conditions of this Agreement as where and when required
by the Producer:-
(a)
perform and
record the Artist’s part
(b)
attend for tests
conferences fittings rehearsals and the taking of still photographs and other
arrangements
(c)
dress, make up
and wear the Artist’s hair (subject to prior consultation with the Artist) as
directed by the Director and generally comply with all decisions of the
Producer concerning the manner in which the Artist shall render the Artist’s
services hereunder and be portrayed and presented
(d)
render the
Artist’s services hereunder willingly and to the utmost of the Artist’s skill
and ability and as directed by the Producer both in connection with the
production of the Film and for publicity and other purposes connected therewith
Provided Always that nothing in this sub-clause and sub-clause (c) hereof shall
be deemed to require the Artist to recommend or endorse any commercial product
other than the Film and any commercial gramophone record of the sound track of
the Film or to engage in any publicity or other activities for any such purpose
(but without prejudice to Clause 5 hereof)
3. The Artist further undertakes:-
(a)
that the Artist
will comply with all reasonable and notified directions, regulations and rules
in force at places where the Artist is required to render services hereunder
(including in particular regulations and rules relating to smoking and the
taking of photographs) and will comply with the orders given by the Producer of
it’s representatives from time to time
(b)
to keep the
Producer informed of the Artist’s whereabouts and telephone number from time to
time prior to and throughout the engagement
(c)
that the Artist
will use the Artist’s best endeavours to maintain a state of health enabling
the Artist fully and efficiently to perform the Artist’s services hereunder
throughout the engagement and that the Artist will not take part in any
activity which might interfere with the due and efficient rendering of such
services or which might invalidate any such insurance as is referred to in the
preceding sub-clause
(d)
that the Artist
shall not at any time pledge the credit of the Producer nor incur or purport to
incur any liability on it’s behalf or in it’s name
4.
(a)
The Artist hereby
acknowledges that all rights whatsoever throughout the World in or in any way
attaching to the Film and all photographs and sound recordings taken and made
hereunder (including all rights of copyright therein and in any written or
other material contributed by the Artist and all such rights therein or in such
material as are or may hereafter be conferred or created by international
arrangement or convention in or affecting any part of the World whether by way
of new or additional arrangement or convention in or affecting any part of the
world whether by way of new or additional rights not now comprised in copyright
or otherwise) shall belong absolutely to the Producer and the Artist with full
title guarantee assigns and grants the same to the Producer throughout the
World and throughout all periods for which the said rights or any of them are
or may be conferred or created by the law in force in all or any parts of the
world and all renewals, revivals and extensions of such periods the Producer
may make or authorise any use of the same and may exploit the same in any
manner but only in and in connection with the Film
(b)
The Artist hereby
acknowledges and agrees and confirms that the Producer shall be entitled and it
is hereby authorised to adapt change take from add to and use and treat in
every way all or any of the products of the Artist’s services rendered
hereunder and to use reproduce and perform and broadcast and transmit the same
with or as part of the work of any other persons and synchronised or not with
any music or other sounds or motions as the Producer considers necessary or
desirable
(c)
For the avoidance
of doubt the assignment of rights set out in this Clause includes all satellite
cable rental and lending rights (“the Rights”) and the Artist agrees that the
remuneration payable pursuant to this agreement includes and constitutes
equitable and adequate consideration for the assignment and exploitation of the
Rights and to the extent permitted by the law the Artist waives the right to
receive any further remuneration in relation to the exploitation of the Rights
5. The Producer shall be entitled by written notice to the Artist given
at any time to suspend the engagement of the Artist hereunder (whether or not
the term of such engagement has commenced) if and so long as:-
(a)
the production of
the Film or the operation of any studio involved in such production shall be prevented
suspended interrupted postponed hampered or interfered with by reason or on
account of any event of force majeure fire accident action of the elements war
riot civil disturbance sickness epidemic pestilence national calamity act of
God or any actual labour disputes (including strikes lockouts or withholding of
labour of any kind whether by the direction or with the support of any trade
union or other body or otherwise) or illness or incapacity of the Producer of
the Director of the Film or any principal artist or principal technician or any
cause (apart from those hereinbefore specifically referred to and whether or
not similar thereto) not reasonably within the control of the Producer or
(b)
the voice of the
Artist shall become unsatisfactory in quality or tone
(c)
the Artist shall
be reason of any illness or physical or mental incapacity or disability be
unable in the opinion of the Producer fully to render the Artist’s services
hereunder or to devote sufficient of the Artist’s time ability and attention to
such services or
(d)
the Artist shall
fail refuse or neglect duly to render willingly and to the utmost of the
Artist’s skill and ability the Artist’s full services hereunder or shall fail,
refuse or neglect fully to observe or comply with any of the Artist’s material
obligations under this Agreement or with any of the terms thereof
6. Upon any suspension of the engagement of the Artist hereunder
(a)
such suspension
shall be effective from the date of the event giving rise to such suspension
and shall continue for the duration of such event and for such reasonable
period thereafter as may be necessary for the Producer to make arrangements to
commence or resume production
(b)
the Producer
shall during the period of suspension cease to be liable to make any payments of
remuneration to the Artist hereunder (or to pay for or provide accommodation or
living expenses if the suspension is due to the Artist’s default or refusal)
save such instalments of remuneration as shall have become due and payable
prior to the suspension and the period of engagement hereunder shall be
extended by or (if appropriate) the commencement of the Artist’s engagement
shall be postponed by and the dates for payment of any further instalments of
remuneration hereunder shall be postponed (or further postponed as the case may
be) by a period equal to that of such suspension
(c)
all rights of the
Producer in respect of services rendered by the Artist and in all the products
thereof previous to such suspension and the benefit of all consents granted
hereunder shall not be affected and accordingly shall be or remain vested in
the Producer
7. The Producer shall be entitled by written notice to the Artist given
at any time to terminate the engagement of the Artist hereunder (without
prejudice to any other rights and remedies available to the Producer hereunder)
(a)
if any suspension
under the provisions of paragraph (a) of clause 6 hereof shall continue for 28
(twenty-eight) consecutive days or 28 (twenty-eight) days in the aggregate or
more
(b)
if any suspension
under the provisions of paragraph (b) or (b) of Clause 5 hereof shall continue
for 2 (two) consecutive days or 3 (three) days in the aggregate or more
(c)
at any time in
the circumstances referred to in paragraphs (d) or (f) of Clause 5 hereof
(whether or not the Producer shall have suspended the Artist’s engagement under
the provisions of Clause 5 hereof) subject to the Artist being given the
opportunity to rectify any default if capable of rectification within 24
(twenty-four) hours of the Producer giving notice of such default
Provided however that if any suspension under the provisions of
paragraph (a) of Clause 5 hereof shall continue for six weeks or more then the
Artist shall be entitled to terminate this engagement by seven days’ written
notice to the Producer unless by the expiry of such notice the Producer shall
have terminated such suspension but the Producer shall not be entitled to
terminate this engagement for the same event subject however to the right of
the Producer to suspend or terminate the Artist’s engagement for other proper
cause including but not limited to the occurrence of a different event (even
though of the same nature as a previous one) of force majeure in accordance
with the provisions hereof
8. In the case of termination of the engagement of the Artist under the
foregoing provisions or by the death of the Artist
(a)
such termination
shall be effective from the date of the event giving rise to the termination or
(if there shall have been a prior suspension) from the date of the event giving
rise to the suspension from which such termination arose
(b)
any claim which
the Producer may have against the Artist in respect of any breach,
non-performance or non-observance of any of the material provisions of this
Agreement arising prior to such termination or out of which such termination
shall arise shall not be affected or prejudiced
(c)
the Producer’s
title to and ownership of all copyrights and all other rights in or in
connection with the services rendered by the Artist up to the date of such
termination and in all the products of such services shall not be affected and
such rights shall accordingly be or remain vested in the Producer
(d)
payment to the
Artist of the instalments of remuneration due and payable to the Artist up to
the effective date of such termination shall operate as payment in full and
final discharge and settlement of all claims on the part of the Artist under
this Agreement and accordingly the Producer shall not be under any obligation
to pay to the Artist any further or other sums on account of salary or
otherwise
9. The Artist undertakes at the expenses of the Producer to execute and
procure the execution of any document which the Producer may consider necessary
for the purpose of carrying into effect the arrangements made by this Agreement
or any of them including in particular any documents required to vest in or
confirm any rights of copyright or other rights in the Producer
10. The rights and the benefit of all consents granted hereunder to the
Producer are irrevocable and without right of rescission by the Artist or
reversion to the Artist under any circumstances whatsoever
11. Credit will be given only
(a)
if Artist appears
recognisably in the Film as released
(b)
if this Agreement
has not been terminated for the default of the Artist
No casual or inadvertent failure to comply with credit requirements
shall be deemed a breach of this Agreement. The sole remedy of Artist for a
breach of any of the provisions of this clause or of the Principal Agreement
shall be an action at law for damages, it being agreed that in no event shall
Artist seek to be entitled to injunctive or other equitable relief by any
reason of any of the breach or threatened breach of any credit requirements,
nor shall Artist be entitled to seek to enjoin or restrain the exhibition
distribution advertising exploitation or marketing of the Film
12. All notices served upon either party by the other hereunder shall
be delivered by hand at or sent by pre-paid recorded delivery letter post or by
facsimile addressed to the respective addressed hereinbefore contained or any
subsequent address duly notified and if delivered by hand shall be deemed to
have been served five days after posting and if sent by facsimile shall be
deemed served 24 hours after receipt of the facsimile (and facsimile notice
shall be confirmed by post). A copy of all notices to the Artist shall be sent
to the Agent (if any)
13. The Artist shall treat as confidential and shall not disclose to
any third party (save to the Artist’s professional advisors whose dissemination
of such information they receive shall be limited to use for business purposes
i.e. quotes for services or as may be required by law) the provisions of this
Agreement or any confidential information concerning the Producer or the Film
or it’s distributors which may come to the Artist’s attention in connection
with the Artist’s engagement hereunder or otherwise
14. For the avoidance of doubt, it is expressly agreed between the
parties that this Agreement and the provision of Artist’s services in
connection with the Film, is not subject to any collective bargaining agreement
or guild or union regulations and the compensation paid to the Artist under
clause 6 of the Main Agreement represents full and complete consideration for
all of the services of the Artist hereunder and all rights assigned and granted
by the Artist in the products of those services
15. This Agreement shall be governed by and construed in accordance
with the laws of Australia and subject to the exclusive jurisdiction of the Courts
of Australia
Accompanying Notes
MAIN AGREEMENT
Clause 3: The Producer needs to ensure the actor is around for a fixed
number of weeks and because the actor agrees to make him/herself available for
that period the producer must pay accordingly.
Clause 4: Additional services are during principal photography.
Clause 6: Further services are post production services where the
artist will be available subject to other prior engagements. Sometimes a
producer can negotiate a certain number of so called “free” days (3 is the
norm) where the artist will render Additional or Further Services free of
charge. This gives the Producer more leeway but is only appropriate on big
productions. The fee for Further or Additional Services can be agreed in
advance and it is customary for the fee to be a daily rate calculated as a
pro-rated amount of the weekly sum.
EXHIBIT A
Clause 4(c): See Glossary of Terms. This may not be legally effective
but at present all relevant contracts include such a term.
Clause 7: The periods of suspension giving rise to the entitlement of
the Producer to terminate the agreement are subject to negotiation.
Note 1: It should be made clear whether or not the terms of the
agreement are going to be governed by the appropriate Equity agreement or not.
Many actors, or more likely their agents, will insist on the application of
Equity’s terms as Equity has negotiated residual and royalty payments on
repeats, video etc. with PACT. However if the project is a film intended for
theatrical release you should negotiate a complete buy out of the Artist’s
performance rights wherever possible. A buy out will be expected by most sales
agents, financiers and distributors as they will not want the trouble of having
to account to the artists and more importantly, any residual payments will be
seen as a drain on the revenue of the film.
Note 2: Deferments. If the fee or proportion of the fee is to be
deferred, there should be further provisions that should also be mentioned,
i.e. that the Deferment will be pro rata and pari passu with all other
deferments to persons, providing services to the Film, after which all
deferments to companies and firms should be met. All deferred sums are payable
in first place from receipts received by the Producer from the exploitation of
the Film subject to the recoupment of the production and post production cost
of the Film only. It should be emphasised that the Deferment is a contingent
amount and is only payable to the extent sufficient receipts are generated. It
should also be mentioned that the Producers will use their reasonable
endeavours to procure that their auditors or any other firm of Chartered
Accountants appointed, will provide an audited detailed statement of all
transactions relevant to the production and the income generated which should
be made available to the artist and/or representatives by a specified date.
Note 3: A Daily Rate is usually calculated at 1/7th of the weekly rate.
Note 4: If the artist is a so called star they may insist upon a share
of net profits.
Note 5: Work exists on bank holidays unless otherwise stated in the
contract or accompanying schedule.
Note 6: Credit. The size and placement of the credit (billing
requirement) is usually negotiated between the parties.
Note 7: Material. The artist will sometimes ask for the right to select
the photographs of themselves to be used and this is usually granted subject to
certain restraints.
Note 8: If an actor or their agent is concerned about the ability of a
production company to make the payments due to the Artist, they may ask for all
the monies due under the agreement to be paid to a third party to be held in an
Escrow Account and paid out in accordance with the agreement under the terms of
the agreed Escrow arrangement.
See you soon!
