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Actor Employment Agreement
(Non-Union Day Player)
THIS AGREEMENT, made on [Date], by and between [Name] of [Address], hereinafter referred to as "Producer", and [Name] of [Address], hereinafter referred to as "Player", hereby agree as follows:
(a) Producer intends to produce a Television Pilot (hereinafter the "Picture") based upon that certain screenplay tentatively entitled [Enumerate] hereinafter the "Screenplay" which Picture is intended for initial theatrical exhibition.
(b) Producer wishes to utilize the services of Player in connection with the Picture upon the terms and conditions herein contained.
ACCORDINGLY, IT IS AGREED AS FOLLOWS:
1. Photoplay, Role, Salary and Guarantee. Producer hereby engages Player to render services as such in the role of [Enumerate], in the Screenplay, at the salary of [$------] per day. Player accepts such engagement upon the terms herein specified. Producer guarantees that it will furnish Player not less than [--] days of Employment.
2. Term. The term of employment hereunder shall begin on or about [Date] (the "Start Date") and continue until [Date], or until the completion of the photography and recordation of said role.
3. Player's Address. All notices which the Producer is required or may desire to give to the Player may be given either by mailing the same addressed to the Player at the address listed at the end of this agreement, or such notice may be given to the Player personally, either orally or in writing.
4. Player's Telephone. The player must keep the Producer's casting office or the assistant director of said photoplay advised as to where the Player may be reached by telephone without unreasonable delay. The current telephone number of the Player is listed at the end of this agreement.
5. Furnishing of Wardrobe. The Player agrees to furnish all modern wardrobe and wearing apparel reasonably necessary for the portrayal of said role; it being agreed, however, that should so-called "character" or "period" costumes be required, the Producer shall supply the same. When Player furnishes any wardrobe, Player shall receive a reasonable cleaning allowance and reimbursement for any soiled or damaged clothes.
6. Next Starting Date. The starting date of Player's next engagement is: [Enumerate].
7. Non Union Picture. Producer makes the material representation that it is not a signatory to the Screen Actors Guild collective bargaining agreement or any other union or guild agreement. Player warrants that Player is not a member of any union or guild, memberships in which would prevent Player from working in this picture.
8. Promotional Film. Producer shall have the exclusive right to make one or more promotional films of [--] minutes or less and to utilize the results and proceeds of Player's services therein. Player agrees to render such services for said promotional films during the term of his employment hereunder as Producer may request and Player further agrees to use by Producer of film clips and behind-the-scenes shots in which Player appears in such promotional films. Provided Player appears therein, Producer shall pay to Player the sum of [$------] within [--] days after the first use of each such promotional film on television or before a paying audience.
9. Name & Likeness. Producer shall have the exclusive right to use and to license the use of Player's name, sobriquet, photograph, likeness, voice and/ or caricature and shall have the right to simulate Player's voice, signature and appearance by any means in and in connection with the film and the advertising, publicizing, exhibiting, and/ or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity tie-ups.
10. Merchandizing. Producer is also granted the further exclusive right and license, but only in connection with the role portrayed by Player in the film to use and to license the use of Player's name, sobriquet, photograph, likeness, caricature and/ or signature (collectively referred to herein as "name and likeness") in and in connection with any merchandising and/or publishing undertakings.
In consideration therefore, Producer shall pay Player a pro rata share (Payable among all players whose name, etc. is used on a piece of merchandise) of 2 1/2% of the gross monies actually derived by Producer after deducting there from a distribution fee of [--%] percent thereof and a sum equal to all Producer's actual out-of-pocket expenses in connection therewith, for the use of such name or likeness on merchandising and publishing items which utilize Player's name and likeness, other than in a listing of cast credits.
11. Travel Expenses. Any right of Player to transportation and expenses pursuant to this Agreement shall be effective when and only when Player is required by Producer to render services more than [--] miles from Player's principal place of residence. Any weekly expense allowance provided Employee under this Agreement shall be prorated at one [--th] thereof per day. Player shall be reimbursed at the rate of [$------] per mile for use of Player's car to travel to distant locations.
12. Inclusive Payments. All payments to Player hereunder shall be deemed to be equitable and inclusive remuneration for all services rendered by Player in connection with the Picture and to be paid by way of a complete buy-out of all rights granted to Producer hereunder and [--%] buy out to Player by Producer by reason of the exploitation of the Picture and all results and proceeds of Player's services hereunder in any and all media throughout the universe pursuant to any collective bargaining agreement, if any, or otherwise, by way of residuals, repeat fees, pension contributions, or any other monies whatsoever.
13. Arbitration. 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 Player shall be limited to the Player'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.
14. Employment Eligibility. All of Producer's obligation herein are expressly conditioned upon Performer's completion, to Producer's satisfaction, of the I-9 form (Employee eligibility Verification Form), and upon Performer's submission to Producer of original documents satisfactory to demonstrate to Production Producer Performer's employment eligibility.
15. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
16. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
17. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
18. This Agreement supersedes any prior oral agreements between the parties.
19. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
20. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
21. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
22. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
Agreed To & Accepted:
Parent or Guardian
Player Phone Number:
Player Social Insurance #
Agreed To & Accepted:
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]