This Actor Employment Agreement is between a producer and an actor who will appear in a motion picture. This agreement sets forth the names of the parties, the effective date of the agreement, title of the motion picture and the actor’s role. This agreement also contains provisions regarding actor’s salary and wardrobe and an agreement to allow his/her name and likeness to be used in connection with publicity for the picture.
ACTOR EMPLOYMENT AGREEMENT
THIS ACTOR EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of this _____________ day of ________________, 20__________ by and between _________________________________ of ___________________________________ ________________________, (the "Producer"), and _____________________________ of ________________________________________________________ (the "Actor").
A. Producer is producing a theatrical motion picture entitled _______________________________________ (the "Picture") for theatrical exhibition.
B. The said Picture is based upon certain screenplay entitled _________________________________ (the "Screenplay").
C. Now the Producer desires to utilize the services of Actor in connection with the Picture upon the terms and conditions contained in this Agreement.
Now therefore, the parties agree as follows:
Producer hereby engages the Actor to perform the role of ____________________________ in the Screenplay. Actor accepts such engagement upon the terms contained in this Agreement.
For the term and upon termination of this Agreement, Actor shall render such services as Producer may require in producing retakes, added scenes, transparencies, close-ups, sound track including dubbing and looping, process shots, trick shots and trailers for changes in and foreign versions of the Picture.
Producer shall pay the Actor a salary of $________________________ per day. All payments payable hereunder to Actor shall be deemed to be equitable and inclusive remuneration for all services rendered by Actor in connection with the Picture and no further sums shall be payable to Actor by Producer by reason of the exploitation of the Picture and all results and proceeds of Actor's services hereunder in any and all media throughout the universe.
The term of employment hereunder shall begin from the date set forth above and continue until the completion of the photography and recordation of said role. Producer hereby guarantees that it will furnish Actor a minimum of ___________________ day's employment.
Furnishing of Wardrobe
The Actor agrees to arrange all modern wardrobe and apparel necessary for the role. Producer shall pay a reasonable cleaning allowance and reimbursement for any soiled or damaged clothes. It is hereby agreed between the parties that if any "character" or "period" specific costumes is required, the Producer shall supply the same to the Actor.
Producer represents that it is not a signatory or party to the Screen Actors Guild collective bargaining agreement or any other union or guild agreement. Actor represents and warrants that Actor is not a member of any union or guild which would prevent Actor from working in the Picture.
Actor acknowledges and agrees that Producer will have the exclusive right to make additional promotional films of __________________ minutes. Producer reserves the right to utilize the results and proceeds of Actor's services in such promotional films. Actor hereby agrees to render such services as Producer may request for the said promotional film during the term of this Agreement. Producer shall pay to Actor the sum of $____________________ if such promotional film is broadcasted on television or telecasted to a paying audience.
Producer shall own all results and proceeds of Actor's services hereunder, including the copyrights thereof, and as such owner shall have the right: (i) to include such results and proceeds in the Picture and in advertising and publicity relating to the Picture, (ii) to reproduce such results and proceeds by any present or future means, (iii) to combine such results and proceeds with photographs and recordings made by others for use in the Picture, (iv) to exhibit and perform such results and proceeds in theaters, on the radio and television, and in or by any other present or future media, for profit and otherwise, and for commercial or non-commercial purposes and purposes of trade, and (v) to license and assign its rights to any other person or producer. For clarification, the results and proceeds of Actor's services hereunder shall include any and all material, words, writings, ideas, "gags", dialogue, melody and lyrics composed, submitted or interpolated by Actor in connection with the preparation or production of the Picture (collectively the "material"). All said material, the copyright therein, and all renewals, extensions or reversions of copyright now or hereafter provided, shall automatically become the property of Producer, which shall be deemed the author thereof, it being agreed and acknowledged that all of the results and proceeds of Actor's services hereunder are a specially ordered and commissioned "work made for hire" within the meaning of the 1976 Copyright Act for the compensation provided in the Principal Agreement. Actor hereby expressly waives and relinquishes any moral rights in and to any material created by or contributed to the Picture by Actor including all of Actor's performance.
Name and Likeness
Producer shall have the exclusive right to use Actor's name, sobriquet, photograph, likeness, voice and or caricature (collectively “Name & Likeness”). Producer shall also have the right to simulate Actor's voice, signature and appearance by any means in and in connection with the Picture and the advertising, publicizing, exhibition, and/or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity. If the Producer uses Actor’s Name & Likeness in and in connection with any merchandising or publishing undertakings, Producer shall pay Actor a pro rata share of ____________% of the gross monies actually derived by Producer.
The Actor will be entitled to reimburse any transportation and expenses pursuant to this Agreement provided Actor is required by Producer to render services more than seventy-five (75) miles from Actor's principal place of residence.
The term "force majeure" means epidemic, act of God, strike, lockout, labor condition, unavailability of materials, transportation, power or other commodity, delay of common carrier, civil disturbance, riot, war or armed conflict whether or not there has been an official declaration of war, the enactment of any law, the issuance of any executive or judicial order or decree, breach of contract by, or disability of, the Producer, Director, other principal cast member, breach of contract by a financier or completion guarantor, or other similar occurrence beyond the control of Producer, which causes an interruption of or materially hampers or materially interferes with the production of the Picture.
Any controversy or claim arising out of or relating to this agreement or any breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association; and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for costs and reasonable attorney's fees. The determination of the arbitrator in such proceeding shall be final, binding and non-appealable. In the event of any breach by the Producer of this Agreement, the Actor shall be limited to the Actor's remedy at law for damages, if any, and shall not have the right to terminate or rescind this Agreement or to enjoin or restrain in any way the production, distribution, advertising or exploitation of the Picture.
Producer shall have the right to assign this Agreement and any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, and nothing contained herein shall imply anything to the contrary. Actor shall not be entitled to assign Actor's rights or obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
AGREED TO AND ACCEPTED: