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Actor Employment Agreement
To Employ a SAG Actor for a Theatrical feature, Continuous Employment:
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", do hereby agree as follows:
1. Photoplay, Role, Salary and Guarantee. Producer hereby engages Player to render services as such in the role of [Enumerate], in a photoplay, the working title of which is now [Enumerate], at the salary of [$------] per "studio week" (Schedule B Players must receive an additional overtime payment of [--] hours at straight time rate for each overnight location Saturday.) Player accepts such engagement upon the terms herein specified. Producer guarantees that it will furnish Player not less than [Enumerate] employment. Player shall be paid pro rata for each additional day beyond guarantee until dismissal.
2. Term. The term of employment hereunder shall begin on or about [Date], and shall continue thereafter until the completion of the photography and recordation of said role.
3. Basic Contract. All provisions of the collective bargaining agreement between Screen Actors Guild, Inc. and Producer, relating to theatrical motion pictures, which are applicable to the employment of the Player hereunder, shall be deemed incorporated herein.
4. 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 [Address], or such notice may be given to the Player personally, either orally or in writing.
5. 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 [Telephone Number].
6. Motion Picture Relief Fund. The Player does hereby authorize the Producer to deduct from the compensation hereinabove specified an amount equal to [--%] percent of each installment of compensation due the Player hereunder, and to pay the amount so deducted to the Motion Picture and Television Relief Fund of America, Inc.
7. 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 the cleaning allowance and reimbursement, if any, specified in the basic contract.
Number of outfits furnished by Player:
8. Arbitartion & Disputes. Should any dispute or controversy arise between the parties hereto with reference to this contract, or the employment herein provided for, such dispute or controversy shall be settled and determined by conciliation and arbitration in accordance with the conciliation and arbitration provisions of the collective bargaining agreement between the Producer and Screen Actors Guild relating to theatrical motion pictures, and such provisions are hereby referred to and by such reference incorporated herein and made a part of this Agreement with the same effect as though the same were set forth herein in detail.
9. Next Starting Date. The starting date of Player's next engagement is: [Enumerate].
10. The Player may not waive any provision of this contract without the written consent of the Screen Actors Guild, Inc.
11. Producer makes the material representation that either it is presently a signatory to the Screen Actors Guild collective bargaining agreement covering the employment contracted for herein, or, that the above-referred-to photoplay is covered by such collective bargaining agreement under the Independent Production provisions of the General Provisions of the Producer-Screen Actors Guild Codified Basic Agreement of 1995 as the same may be supplemented and/or amended.
12. 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 upon all of the terms and provisions set forth in the SAG Agreement. 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 specified by the SAG Agreement of 1995 as amended within [--] days after the first use of each such promotional film on television or before a paying audience.
13. 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, exhibition, and/or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity tie-ups.
14. 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) of 2 1/2% of the gross monies actually derived by Producer after deducting therefrom a distribution fee of [--%] percent 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.
15. Producer is also granted the further and exclusive right to use and to license the use of and to advertise and publicize the use of Player's voice from the soundtrack of the film on commercial phonograph records and albums and the exclusive right to use Player's name and likeness on jackets and labels of such commercial phonograph records and albums. If Producer issues or authorizes the issuance of such record or album using Player's voice, Producer shall pay to Player a sum equal to applicable AFTRA scale.
16. Employment Eligibility. All of Production Company's obligation herein are expressly conditioned upon Performer's completion, to Production Company's satisfaction, of the I-9 form (Employee Eligibility Verification Form), and upon Performer's submission to Production Company of original documents satisfactory to demonstrate to Production Company Performer's employment eligibility.
17. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
18. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
19. 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.
20. This Agreement supersedes any prior oral agreements between the parties.
21. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
22. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
23. 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.
24. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
25. Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written.
Name of Producer
Name of Player
Social Security No.:
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]