This Casting Director Agreement is between a producer and a casting director who will provide services in connection with the casting of a motion picture. This agreement sets out the title of the motion picture or screenplay and the payment for casting director’s services. This Casting Director Agreement also sets forth the independent contractor status of the casting director.
CASTING DIRECTOR AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into this _____ day of _____________, 20____, by and between ________________________________________, of ____________________________________________________, (the “Casting Director”) and __________________________________ of ________________________________ (the “Producer”)
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 Casting Director in connection with the Picture upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Producer hereby appoints Casting Director to provide the following services to Producer (the "Services"):
Casting Director's services shall include casting of ________number_____________ speaking roles.
This Agreement is effective on the date written above and shall expire on ______________. The parties may extend this Agreement for an additional ___ (_) year period by giving _____________ day’s written notice.
Casting Director shall provide the Services as an independent Contractor and Casting Director shall not act as an employee, agent or broker of the Producer. As an independent Contractor, Casting Director will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. Casting Director understands that Producer will not withhold any amounts for payment of any taxes from Casting Director's compensation.
During the term of this Agreement, Producer shall pay the Casting Director for its Services under this Agreement the sum of $________. Payment shall be made as follows:
__________________________________________ on __________________________
__________________________________________ on __________________________ and
__________________________________________ on __________________________
The Producer agrees to reimburse any pre-approved out of pocket expenses incurred by the Casting Director in connection with the Services, including, but not limited to, travel expenses, food and lodging, etc.
The Casting Director acknowledges that it shall not have any right to or interest in the work product resulting from the Services performed hereunder, or any of the documents, reports or other materials created by the Casting Director hereunder (hereinafter referred to as “Deliverables”), nor any right to or interest in any copyright therein. The Casting Director acknowledges that the Services and the products have been specially commissioned or ordered by the Producer as "works made-for-hire" as that term is used in the Copyright Law of the United States, and that the Producer is therefore to be deemed the author of and is the owner of all copyrights in and to such Materials.
Provided the Casting Director renders all services contracted hereunder, Casting Director shall be entitled to screen credit on a single card in the main titles (if other production credits appear in the main titles) in the position immediately following the final credit given to acting talent and preceding any other credit that may be given for casting.
(a) Either party may terminate this Agreement for convenience by providing thirty (30) days written notice (“Termination Notice”) to the other party.
(b) If a party violates its obligations to be performed under this Agreement, the other party may terminate the Agreement by sending a thirty (30) days notice in writing. Upon receiving such notice, the defaulting party shall have thirty (30) days from the date of such notice to cure any such default. If the default is not cured within the required thirty (30) day period, the party providing notice shall have the right to terminate this Agreement.
Casting Director shall not assign any of their rights under this Agreement, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Producer and any attempt by Casting Director to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
This Agreement is to be construed in accordance with and governed by the internal laws of the State of _____, USA.
All disputes under this Agreement shall be settled by arbitration in _________________ before a single arbitrator pursuant to the commercial law rules of the American Arbitration Association. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEITHER PARTY’S LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO CASTING DIRECTOR DURING THE __________ MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY PRODUCER.
Each party shall at its own expense indemnify and hold harmless, and at the other party’s request defend such party its affiliates, subsidiaries, successors and assigns officers, directors, employees, sublicensees, and agents from and against any and all claims, losses, liabilities, damages, demand, settlements, loss, expenses and costs (including attorneys’ fees and court costs) which arise directly or indirectly out of or relate to (a) any breach of this Agreement, or (b) the gross negligence or willful misconduct of a party’s employees or agents;
Entire Agreement; Amendment:
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the parties.
The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first set forth above.
PRODUCER CASTING DIRECTOR
By: _____________________________ By:______________________________
Name: Name: _________________________
Title: ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬_____________ Title:
Date: ____________________________ Date: ____________________________