PERFORMER AGREEMENT
Performer Agreement (“Agreement”) effective as of the DATE, by and between COMPANY NAME AND
ADDRESS (“Company”) and PERFORMER’S NAME: ________________________________________
(“Performer”) for his performance in connection with a video provisionally entitled “TITLE” (the
“Picture”).
In consideration of the mutual covenants set forth herein, Company and Performer agree to the following
terms and conditions:
1.
Engagement; Services; Conditions Precedent.
Company hereby engages Performer to render services on the Picture as set forth hereunder. Performer
shall render all services hereunder in accordance with the terms of this Agreement and, in so doing, will
devote his best talents, efforts and abilities. Performer will perform the role of NAME as of the date of this
Agreement in a first class manner in accordance with generally accepted standards of the motion picture
industry. Performer will provide his services on an exclusive, full-time basis as of DATE, through DATE.
Selective table reads, rehearsals, fittings, and other pre-production meeting shall be scheduled according to
Performer’s availability and convenience.
Performer hereby grants to Company and to its licensees, assignees, and other successors-in-interest, all
rights of every kind and character, in perpetuity, in and to the Performer’s performance, appearance,
likeness, name and/or voice in connection with the Picture.
Performer hereby authorizes Company to photograph, videotape, film and record (on film, tape, or any
other medium), the performance and audition(s) for the performance; to edit the same at its discretion and
to include it with the performances of others and with sound effects, special effects, digital effects and
music; and to incorporate the same into the Picture, trailers, posters or other materials or programs related
to the Picture. Performer further acknowledges that Company owns all rights to the Picture.
Performer agrees to provide Company with all documents that may be required by any governmental
agency or otherwise for Performer to render services hereunder, including without limitation, a valid
United States passport, an INS Form I-9 completed to Company’s satisfaction, together with Performer’s
submission of original documents establishing Performer’s employment eligibility.
2.
Term
The Term of this Agreement shall commence on or about DATE, and, unless earlier terminated pursuant to
the terms of this Agreement, shall continue for the life of the Picture (the "Term").
3.
Compensation
Performer agrees to accept AMOUNT ($XXXX USD) for their performance in the Picture. On-set lodging,
transportation cost reimbursement, and meals will be provided by Company while working on the Picture.
Company agrees to deliver to Performer with a finished file of the film, and shall deliver shots and scenes
showcasing Performer’s work for Performer’s personal reel upon request.
4.
Credit
(a) Provided Performer is not in breach of this Agreement and has performed all of his material obligations
hereunder, Company shall accord Performer a credit on screen, on a separate card, in the main titles, below
the title of the Picture, in the 3 rd position among all principal actors, equal in size and style to all other
principal cast members, to read as follows:
Name as ROLE
Performer shall receive this credit on all instances of promotion of the Picture in which other principal cast
members are also credited, including the Picture’s official website, fan page, posters, and other promotional
materials.
5.
Promotion
Performer grants to Company and other persons and entities designated by Company the right to use his
name, likeness, and biographical material in such manner as Company may determine for promotional and
advertising purposes in connection with the Picture, any version or derivative works thereof, and Company.
Performer will provide Company with an approved biography. Company will use reasonable efforts to
consult with Performer in connection with the use of his name, likeness and biography on promotion and
advertising, which is under the exclusive control of Company.
6.
Confidentiality
Performer will not at any time disclose to any third party any information relating to this Agreement.
7.
Termination
Company shall have the right to terminate this Agreement if Performer commits a material breach of the
Agreement. The term “material breach” as used in this Paragraph 7 shall mean: (i) a representation,
warranty, agreement, undertaking, or covenant made by Performer is or becomes false or misleading in any
material respect; or (ii) a default by Performer in any material respect in the performance or observance of
any of his obligations hereunder. Provided that such breach is capable of being cured, Performer shall have
fifteen (15) days to cure such breach before Company may terminate the Agreement. In all other instances,
termination shall be effective immediately upon receipt of written notice.
(a) Performer shall have the right to terminate this Agreement if Company commits a material breach of the
Agreement. Provided that such breach is capable of being cured, Company shall have fifteen (15) days to
cure such breach before Performer may terminate the Agreement. In all other instances, termination shall
be effective immediately upon receipt of written notice.
(b) In the event of termination pursuant to this Paragraph 7, Performer agrees to deliver immediately to
Company any and all materials in Performer’s possession that are the property of Company, all materials
prepared by Performer in connection with the Picture, and a detailed status report of Performer’s activities
in connection with the Picture.
8.
Representations and Warranties; Indemnifications
(a) Company has the legal right and authority to enter into this Agreement and to observe and perform fully
Company’s obligations as set forth herein; Company shall not do anything or make any commitments or
agreements which would conflict with, interfere with or violate any commitment, agreement or
understanding Company has made hereunder; and all material furnished or secured by Company in
connection with the Picture will not violate or infringe upon the rights of any person or entity whatsoever,
or create any liability of any kind. Performer has the legal right and authority to enter into this Agreement
and to observe and perform fully its obligations as set forth herein; Performer shall not do anything or make
any commitments or agreements which would conflict with, interfere with or violate any commitment,
agreement or understanding Performer has made hereunder; and all material furnished or secured by
Performer in connection with the Picture will not violate or infringe upon the rights of any person or entity
whatsoever, or create any liability of any kind.
(b) Performer shall defend, indemnify, and hold Company and its officers, directors, agents, designees,
assignees, licensees and employees harmless from and against all claims, alleged claims, actions, losses,
costs, expenses, settlements, demands, and liabilities of every kind, including reasonable attorneys' fees and
expenses, arising out of or incurred by reason of the inaccuracy, alleged breach, or actual breach of any
representation, warranty, covenant, agreement, or undertaking made by Performer herein. Performer shall,
at Performer’s sole cost and expense, dispose of any such claim or demand or defend against any such
action. Company, at its option, shall have the right, at its sole cost and expense, to participate in the
defense of any such action and to be represented by counsel of Company's selection. Company shall give
Performer prompt notice of the assertion of any claim or the institution of any action that may expose either
party to liability.
(c) Company shall defend, indemnify, and hold Performer harmless from and against all claims, alleged
claims, actions, losses, costs, expenses, settlements, demands, and liabilities of every kind, including
reasonable attorneys' fees and expenses, arising out of or incurred by reason of the inaccuracy, alleged
breach, or actual breach of any representation, warranty, covenant, agreement, or undertaking made by
Company herein. Company shall, at its sole cost and expense, dispose of any such claim or demand or
defend against any such action. Performer,
at Performer’s option, shall have the right, at Performer’s sole cost and expense, to participate in the
defense of any such action and to be represented by counsel of Performer’s selection. Performer shall give
Company prompt notice of the assertion of any claim or the institution of any action that may expose either
party to liability.
9.
Force Majeure
If Performer is prevented from performing the Services hereunder by reason of an act of God, fire, flood,
delay in transportation, lockout, strike or other labor dispute, riot or civil disorder, war, whether war has
been declared or not, or armed insurrection, enactment, rule, act or order of government, public disaster, or
any other force majeure event, cause, condition, or reason demonstrably beyond Performer's reasonable
control, then such delay, shall not constitute a material breach of this Agreement; provided that Performer
shall give written notice to Company of such force majeure event within three (3) days of the onset of such
event setting forth the reason for the delay and when the Services will be performed.
10.
Assignment
The rights under this Agreement may not be assigned by Performer and the duties and obligations of this
Agreement may not be delegated by Performer without the prior written consent of Company. Company
may assign this Agreement to any other party without limitation. This Agreement shall bind and benefit
the successors and assigns of Company and Performer
11.
Insurance
Company will provide Performer with general liability insurance coverage coextensive with the period of
coverage for the Picture’s crew. Performer understands and agrees that Company will not provide
Performer with any other insurance coverage, including without limitation, health, disability or life
insurance and Performer shall be solely responsible for obtaining all such insurance to the extent Performer
wishes to be covered by such insurance.
12.
Personal Property
Performer shall be solely responsible for Performer’s personal property, including Performer’s automobile,
and Company shall have no liability in connection thereto for any loss or damage to such personal property,
even if such property is used by Performer during the course of providing the Services hereunder.
13.
Ownership
As between Company and Performer, all right, title and interest in and to the Picture and the services and
materials provided by Performer in connection with this Agreement will at all times belong solely and
exclusively to the Company. To the extent that any of Performer’s services or materials include any
original work of authorship entitled to protection under the laws of copyright, the parties acknowledge and
agree that (i) Performer’s services and materials have been specially ordered and commissioned by
Company as a contribution to a collective work, a supplementary work, an audiovisual work, or such other
category of work as may be eligible for treatment as a “work made for hire” under the United States
Copyright Act; (ii) Performer is an independent performer and not an employee, partner, joint author or
joint venture with Company; (iii) Performer’s services and materials shall be deemed a “commissioned
work” and “work made for hire” to the greatest extent permitted by law; and (iv) Company shall be the sole
owner of Performer’s services and materials, any works derived there from.
14.
Miscellaneous
Whenever notice is required to be given or may appropriately be given hereunder, such notice shall be in
writing and shall be delivered to the person or parties to whom intended at their addresses first stated above
either by hand, express mail or courier, or certified or registered mail (return receipt requested). Notice
shall be deemed given when delivered.
(a) This Agreement is complete and embraces the entire understanding between the parties. All prior
understandings in connection with the subject matter herein contained, either oral or written, are null and
void unless expressly set forth herein. No alteration, modification, or waiver, in whole or in part, of any
provision of this Agreement shall be of any effect unless set forth in writing and signed by both parties
hereto. A waiver by either party of any breach or default by the other party shall not be construed as a
waiver of the same or any other breach or default by such party. If any provision of this Agreement shall
be held void, voidable, invalid, or inoperative, no other provision of this Agreement shall be consequently
affected, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect,
as though such void, voidable, invalid, or inoperative provision had not been contained herein.
(b) This Agreement shall be governed by the laws of the Commonwealth of Massachusetts (but not the
conflict of law provisions). Company and Performer agree to meet and discuss any problems or disputes
that may arise during the term of this Agreement and to make good faith efforts to resolve any and all such
problems or disputes before terminating this Agreement or filing any claim or action against the other
party.
AGREED TO AND ACCEPTED as of the date first hereinabove shown:
COMPANY
_____________________________
NAME
Company LLC
PERFORMER
____________________________
NAME
Performer