This Extra Agreement is between a producer and an individual who will appear as an extra in a motion picture. This agreement sets forth the names of the parties, the title of the motion picture and the role the extra agrees to perform. It also sets forth the payment of compensation, the term of employment and producer’s rights to use extra’s name and likeness
THIS EXTRA AGREEMENT (the “Agreement”) is made and entered into as of this _______ day of ____________, 20____ by and between _________________________________ of ___________________________________ __________________________________ (the "Producer") and ____________________________________________________ of _____________________________________________________________ (the "Extra").
A. Producer is producing a theatrical motion picture entitled _______________________________________ (the "Picture") for theatrical exhibition.
B. Now the Producer desires to utilize the services of Extra 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 Extra to perform the role of _______________________ in the Screenplay. Extra accepts such engagement upon the terms contained in this Agreement.
The Extra shall perform the following Service (the “Services”): _____________________ _______________________________________________________________________________________________________________________________________________.
Producer shall pay the Extra the following compensation: ____________________. All payments payable hereunder to Extra shall be deemed to be equitable and inclusive remuneration for all services rendered by Extra in connection with the Picture and no further sums shall be payable to Extra by Producer by reason of the exploitation of the Picture and all results and proceeds of Extra'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 Extra a minimum of ___________________ day's employment.
The Extra 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 Extra hereunder (hereinafter referred to as “Deliverables”), nor any right to or interest in any copyright therein. The Extra 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.
Name and Likeness
Producer shall have the exclusive right to use Extra's name, sobriquet, photograph, likeness, voice and or caricature (collectively “Name & Likeness”). Producer shall also have the right to simulate Extra'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.
The Extra will be entitled to reimburse any transportation and expenses pursuant to this Agreement provided Extra is required by Producer to render services more than seventy-five (75) miles from Extra'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, Extra, 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 Extra shall be limited to the Extra'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. Extra shall not be entitled to assign Extra'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: