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1.
1. Interpretation
In this agreement unless the contrary intention is evident from the context, the masculine
shall include the feminine, the singular shall include the plural and vice versa in both
instances.
2. Definitions
The below listed expressions shall be deemed to have the meanings as ascribed to them
hereunder:
2.1.
"Call basis"
a Performer is paid per call at the rate set out in
Schedule III;
2.2.
"Call Schedule"
Schedule IV attached hereto setting out the details of
times, places and dates relative to the calls required
to be performed by the Performer, as updated from
time to time by the Producer;
2.3.
"e.tv"
etv (Pty) Ltd, a commercial free-to-air television
broadcaster;
2.4.
"First Call Basis"
the rendering of the Performer's services under this
agreement on the basis that he/she may also render
services
to
other
persons,
provided
that
the
Producer shall have priority in respect of the
Performer's services;
2.5.
"Monthly Basis"
a Performer who performs a maximum of 20 calls in
a month;
2.6.
"Performer"
a member of the cast but not an employee of etv or
the Producer;
2.7.
"Post Production Calls"
a call, after the shooting period has been completed
during which the Performer is required to provide
services
in
connection
with
synchronisation, dubbing or retakes;
editing,
post-
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2.8.
"Principal Performer"
2.
a main/core cast performer determined by the
Producer and TV as indicated in Schedule IV;
2.9.
"Producer"
Ochre Media (Proprietary) Limited;
2.10.
"Production"
the daily soap drama titled Scandal which has been
commissioned to the Producer by etv;
2.11.
"Regular Performer"
a Performer who has not less than 12 calls per
month as indicated in Schedule IV;
2.12.
"Second Call Basis"
the rendering of the Performer's services on the basis
that he/she may also render services to other
persons. The Producer shall not have priority in
respect of the Performer's services;
2.13.
"Shooting Period"
the period from the first shooting day until the final
shots of the shooting scripts have been completed;
2.14.
"Standby Call"
a day on which a Performer is not required to be
present on set but is on call. The Performer must
notify the Producer of his or her whereabouts at all
times and keep his or her cellphone on, upon which
the Performer may be contacted by the Producer.
2.15.
“Hold Day”
a day on which a Performer is not required to be
present on set whilst being away from home on a
location shoot. A Hold Day will be remunerated at
50% of the call fee, or may be counted as a half call
where a Performer is on a weekly/monthly deal.
2.16.
“Travel Day”
a day on which a Performer is travelling to or from a
location and not required to be on set. A Travel Day
will be remunerated at 50% of the call fee, or may be
counted as a half call where a Performer is on a
weekly/monthly deal.
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3.
3. Recordal and rights
3.1.
The Producer is engaged in the production and broadcast of a daily drama series
titled _______________ ("the Production").
3.2.
All intellectual property rights in and to the Production are owned by etv.
3.3.
The Producer wishes to engage the services of the Performer, and the Performer
accepts such engagement, on the terms and conditions set out in this agreement.
4. Engagement period
4.1.
Subject to the provisions set out in this clause 4, the engagement of the Performer
shall commence on the date indicated in Schedule III and shall continue in force for a
period of one year.
4.2.
The Performer acknowledges that this is a fixed term agreement and that, by entering
into this agreement, the Performer shall have no expectation that the agreement will
be renewed, renegotiated or extended, or that the Producer is obliged to provide the
Performer with any alternative engagement or appointment beyond the termination
date.
4.3.
The Performer acknowledges that he/she has been sufficiently informed of the role to
be performed under this agreement and warrants that he/she is willing, able and
artistically competent to perform the role for which he/she is engaged.
4.4.
The Performer, in rendering the services and performing the functions and activities
under this agreement, shall not be an agent or representative of the Producer or etv.
The Performer shall not be entitled to represent or hold him/herself out as
representing the Producer or etv, or to bind the credit of the Producer or etv. No
agency, employment or partnership shall exist or be deemed to exist between the
parties.
4.5.
It is hereby recorded that the Performer is contracted for the purpose of fulfilling the
specific function as set out in this clause. On termination of this agreement, the
Performer shall have no right to claim employment by the Producer in any capacity on
the strength of the relationship created between the parties in terms of this
agreement. The Performer specifically agrees that he has no claim whatsoever
against the Producer in respect of any pension, leave, medical or other service
benefits normally afforded by the Producer to its permanent staff members. Should
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4.
the Performer make use of an agent as representative of a service to the Performer,
the relationship between the Producer and the Performer shall not be altered in any
way.
4.6.
The Performer's obligations shall be personal in nature, and the Performer shall not
be entitled to sub-contract any services, or any part thereof, which he/she is obliged to
provide under this agreement to any third party.
4.7.
The Performer shall be entitled to terminate this agreement on providing no less than
4 months written notice to the Producer.
4.8.
In the event that the Performer’s character is written out of the script or in the event
that the Production is cancelled, the Producer shall be entitled to terminate this
agreement, at any time during the term of the agreement on providing no less than 4
months written notice to the Performer, and 5 months written notice should the notice
period fall over a December production break period.
5. Consideration
In consideration of the Performer’s engagement in terms of this agreement, and subject to
the Performer's full compliance with the terms and conditions of this agreement, the
Producer shall pay the Performer in accordance with this clause 5 and Schedule IV of this
agreement, which consideration shall be payable as follows:
5.1.
Call basis
If the Performer is engaged on a call basis, the consideration due to the Performer
shall be payable on or before the end of the month during which the services were
delivered by the Performer, provided that an original invoice has been received by the
Producer (either by fax, post, e.-mail or hand delivery) not later than the 20th of the
month, provided further that where a VAT invoice is required, the original invoice has
been submitted to the Producer on or before the end of that month.
5.2.
Monthly Basis
If the Performer is engaged on a Monthly Basis, the consideration due to the
Performer for each month shall be payable on or before the end of that month,
provided that an original invoice has been received by the Producer (either by fax, email, post or hand delivery) by no later than the 14th of that month, provided further
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5.
that where a VAT invoice is required, the original invoice has been submitted to the
Producer on or before the end of that month.
5.3.
5.3.1.
Global Basis
If the Performer is paid a global compensation fee and the number of calls
worked is in excess of the maximum number of calls stipulated in schedule IV,
then the Performer shall be paid for the number of calls so worked in excess, at
the call rate stipulated in schedule IV.
5.3.2.
If the Performer fails to attend any call which he/she is required to attend, and
fails to submit good cause for his/her absence, the Performer shall not be entitled
to the consideration for that call. Should a deduction be considered, it will be
discussed with the Performer and his Agent (if applicable) prior to such a
deduction being implemented.
In the event of a valid excuse due to
circumstances beyond the Performer’s control (e.g. an accident or breakdown
when the Performer has called the production office), the situation will be
assessed and the deduction may be waived. Any decision in this regard shall be
within the discretion of the Producer.
5.3.3.
The Performer acknowledges that the Production works according to tight
deadlines and that if the Performer is late for a call, this will cause prejudice to the
Production.
5.3.4.
In the event of an actor being late or not knowing lines, the following Penalty
system may apply:
5.3.4.1.
If a Performer arrives later than his/her call time, as laid down in the daily
production schedules, such a Performer may be penalised as follows:
A
For being:
a) Half an hour late - 25% shall be deducted from his/her daily
rate
b) One hour late - 50% shall be deducted from his/her daily rate
c) Two hours late 75% shall be deducted from his/her daily rate
d) If an Artiste is more than two hours late, he/she shall forfeit
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his/her full pro-rata daily rate.
B
C
Not knowing lines as determined by the Director or AD:
a
First Offence
R250.00
b
Second Offence
R500.00
Actors and their Agents (if applicable) will be informed about these
fines before any deductions are made and the Actor will be given the
opportunity to offer an explanation, which shall be subject to a decision
within the sole discretion of the Producer.
D.
The above penalties will apply unless the Producer in its Sole
discretion, upon evaluating the validity of the Artiste's reason, decides
otherwise.
5.4.
Standby Call
If the Performer is on standby and is not physically present on the set or location,
he/she shall be paid for being on Standby Call at the rate of 50% (fifty percent) of the
applicable call fee. If the Performer is engaged on a Monthly Basis and is on Standby
Calls during any month, the Standby Calls shall form part of the 20 calls to be worked
in that month.
(Please ensure that the agreement sets out 20 calls in the
schedule)
5.5.
Payment of Value Added Tax
The consideration referred to in Schedule IV does not include Value Added Tax
(VAT). The Producer shall pay VAT to the Performer or the Performer’s agent only if
a VAT invoice has been furnished to the Producer in respect of each payment due to
the Performer. In the event that a Performer is represented by an agent, the agent
shall ensure that any deductions from the Performer's consideration are in
accordance with relevant tax legislation from time to time. The VAT invoice to be
supplied to the Producer shall comply with the provisions of the Value Added Tax Act,
No 89 of 1991. etv reserves the right to call for a tax directive in this regard.
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7.
6. Exclusivity
6.1.
This clause 6 applies only to Principal and Regular Performers.
6.2.
Principal and Regular Performers hereby agree not to, for the duration of the
engagement period, perform in any other production (excluding television
commercials) intended for broadcast on or commissioned by SABC 1, 2, or 3, or MNet subject to such appearance being permitted in terms of the provisions of this
clause 6.
6.3.
A Performer who is contracted on a Call Basis may appear in other television series
or programmes in South Africa provided that:
6.3.1.
such appearance does not conflict with the Call Schedule provided by the
Producer in respect of the Production; and
6.3.2.
he/she does not appear in a daily drama or soap opera other than the Production.
6.3.3.
Any character bears no resemblance to the character portrayed in the Production.
6.4.
To the extent that the Performer appears on a television commercial, that participation
shall be contingent upon the performance not being of a nature which contains
reference to or content which is similar to the character that the Performer portrays in
the Production and that the content does not in any way appear to be connected to,
associated with, or similar to, the Production.
The participation in any television
commercial shall be contingent upon the dates on which the Performer is required to
perform or be available not conflicting with the dates upon which the Performer is
required to fulfil his/her obligations in respect of the Production.
6.5.
Any other performance or appearance which is not specified in clause 6.2, whether in
non-broadcast videos, feature films, television commercials, theatrical productions or
radio programmes, shall be subject to the provision that the Performer shall be
entitled to participate in any such performance or appearance subject to the
Producer's entitlement to the Performer’s services provided to the Producer in terms
of this agreement.
6.6.
The Performer may, with the Producer's permission, be entitled to undertake voiceover work for third parties provided that such voice-over work is not associated with,
connected to or similar to, the Production and is undertaken on a day where the
Performer has no obligations to the Producer.
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6.7.
8.
The Producer shall be entitled to withhold consent in respect of the appearance in any
programme or commercial should it believe that such performance will impact upon
the Performer’s performance in, or the general commercial viability of, the Production.
In this regard, the discretion lies exclusively with the Producer.
6.8.
The Performer shall not be entitled to undertake activities as a continuity presenter on
any television channel in South Africa.
6.9.
The Performer shall procure the consent of the Producer, to participate in/on a onceoff programme (such as a variety,
magazine or interview programme). The decision
of the Producer, shall be exercised in its exclusive discretion.
7. Residual payments for principal cast members
7.1.
If the Performer is designated a Principal Performer as per Clause 2.8 (above), the
Performer shall be entitled to residual payments on the following basis:
7.1.1.
An amount equal to 2% (two percent) of the salary budget payable to key
contributors being Principal Performers, scriptwriters and key crew such as
directors shall be allocated for residual payments;
7.1.2.
That amount of 2% (two percent) shall be divided between the parties set out at
clause 7.1.1 above in accordance with all participants including the Principal
Performer’s role in the Production and the number of episodes in which that party
contributed;
7.1.3.
Residual payments shall only be applicable and be paid after the third broadcast
of any episode. For the avoidance of doubt, the first broadcast shall be deemed
the first broadcast on e.tv and the second and third broadcasts may take place on
e.tv or any entity in which e.tv (which shall include any subsidiary company and
its successor-in-title) or Sabido (Pty) Ltd (which shall include its subsidiaries,
shareholders and their subsidiaries and the successors-in-title of these entities)
has an interest.
7.2.
The parties set out at clause 7.1.1 above shall also be entitled to share up to a
maximum of 2% (two percent) of the income arising from the commercial exploitation
of the production. In this regard:
7.2.1.
2% (two percent) of the amounts received by etv arising from the exploitation of
the production shall be set aside; and
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7.2.2.
9.
this amount shall be shared on the same basis as that set out at clause 7.1.2
above.
8. Producer's Additional Rights
8.1.
8.1.1.
Post-production
Should the Producer require the Performer for Post Production calls during the
duration of this agreement, no additional consideration shall be payable to the
Performer, subject to the provision that the Performer is not engaged for
additional calls. Should the Performer be engaged for Post-production calls in
excess of the required calls in any month, the Performer shall be paid for such
additional calls at the call rate stipulated in Schedule IV.
8.1.2.
Should Post Production calls be required beyond the duration of this agreement,
then the Performer agrees to be engaged on a Second Call basis, subject to the
Performer’s reasonable availability, for which he/she shall be paid at the call rate
as stipulated in Schedule IV.
8.2.
Retakes and extra scenes
Should the Producer require the Performer for retakes or extra scenes after the
engagement period, the Performer shall be engaged on a Second Call basis. The
Performer shall be paid at the call rate stipulated in Schedule IV.
8.3.
Dubbing of Performer’s voice
The Producer shall have the right to dub or replace the voice of the Performer with
any other voice in any language or dialect except the original language or dialect. The
Producer may not dub the original language or dialect, unless for artistic and/or
technical reasons and subject to the consent of the Performer being obtained, which
consent shall not be unreasonably withheld or delayed. In the event that the
Performer is professionally or otherwise unavailable to dub the Performer’s original
voice, the Producer shall not be required to obtain the Performer’s consent.
9. Rights of etv
9.1.
etv shall be entitled to exploit the Production in any way and in all media whatsoever.
The Performer shall not be entitled to inhibit the rights of etv to exploit the Production
whether for commercial or other purposes.
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9.2.
10.
etv shall be entitled to use the performance of the Performer in the exploitation of the
Production and shall also be entitled to use the Performer’s likeness, name, image,
photograph and biographical details in respect of the promotion of the Production.
9.3.
In addition to the rights granted in respect of the Production as recorded above, the
Producer hereby grants to etv, worldwide and in perpetuity, the exclusive rights to:
9.3.1.
edit the Production;
9.3.2.
broadcast, license, sell and otherwise exploit the Production;
9.3.3.
reproduce and preserve fixations of the Production;
9.3.4.
use the Production for advertising purposes;
9.3.5.
broadcast extracts of the Production in programmes of a commemorative or
reminiscent nature; and
9.3.6.
enter the Production into any contest, film festival or competition. The Performer
undertakes to sign any and all entry documents for this purpose. The Performer
shall be entitled to receive any payment accruing to him/her as a result of entry of
the Production into such competition, contest or film festival. Payment to the
Performer shall occur on or before the end of the month during which payment
was received by etv and/or the Producer.
10. Scripts
10.1.
The Producer shall at its earliest possible opportunity supply the Performer with the
scripts of the Production. The Performer undertakes to read all scripts of the
production in order to acquaint him/herself with the scripts and the nature of the role
that the Performer is required to perform.
10.2.
The Performer shall make a proper study of all scripts before the first rehearsal and
shall perform his/her part in a proper, diligent, competent and professional manner, to
the best of his/her ability and in accordance with any reasonable directions given to
him/her by the director or dialogue coach of the Production. To the extent that the
Performer is unprepared and is not competent in performing the role in the manner
expected when concluding this agreement, this shall constitute a material breach of
this agreement, entitling the Producer to give written notice to the Performer to
remedy the breach within a reasonable time, which time shall be determined within
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the sole discretion of the Producer having due regard to the exigencies of the
Production or to terminate this agreement.
11. Rehearsals, calls and special tests
The Performer undertakes to make him/herself available for, and attend punctually all
calls, rehearsals and special tests on such dates and at such places and times as
specified in the Call Schedule and to be ready fifteen minutes before each appointed call
time.
12. Make-up
The Performer agrees, if so requested, to be made up in accordance of the requirements
of the director by a make-up artist appointed by the Producer. The Producer shall supply
such make-up as well as the means to remove it, and shall also exercise its sole discretion
as to the type and quality of all make-up and cleansers so used, unless otherwise agreed
to with the Performer in the special conditions attached hereto.
13. Costumes
13.1.
13.1.1.
The Performer undertakes and agrees:
to wear all costumes, clothes and other items or accessories provided by the
Producer to perform his/her role in the Production;
13.1.2.
to take reasonable care of any costumes, wigs and accessories supplied by the
Producer and to keep the items in good order and condition, fair wear and tear
excepted, to protect such items in a clean and neat condition having regard
to
prevailing circumstances, and to return all items provided to him/her to the Makeup/Props/Wardrobe Department at the end of each call for safe-keeping and
necessary maintenance;
13.1.3.
to pay the Producer the replacement value of any costumes, item of clothing or
accessories not returned to the Producer; or to pay an amount equal to the
monetary value of any damage to any such costume, item of clothing or
accessory returned to the Producer except where such loss or damage arises in
the Performer’s fulfilment of his/her obligations hereunder;
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13.1.4.
12.
to provide all items of hosiery, footwear and underclothing. The Performer shall
not be required to provide any costumes which are not ordinarily used in his/her
private capacity;
13.1.5.
to make any costume, item of clothing or accessory owned by him/her and
required for his/her performance available for hire to the Producer at mutually
agreed and reasonable rates, provided that the Performer shall have exercised
due care in the use of any such costume, item of clothing or accessory. The
Producer shall reimburse the Performer for any costume, item of clothing or
accessory supplied by him/her that becomes damaged, lost or destroyed,
provided that such damage, loss or destruction is not caused by the negligent
conduct of the Performer;
13.1.6.
not to use any costume, item of clothing or other article supplied by either the
Producer or the Performer for the purposes of the Production, in his/her personal
capacity without the prior written consent of the Producer. The Performer shall be
entitled to use any such costume, item of clothing or accessory in his/her
personal capacity after expiry of the engagement period if its belongs to him/her.
13.2.
The Producer undertakes and agrees to maintain all costumes worn by the Performer
suitable for the duration of the shooting period.
13.3.
Should the Performer refuse to wear a costume as directed by the Producer, then the
Producer shall be entitled to determine whether or not the Performer should wear the
costume in question. Should the Producer decide that the costume should be worn
and the Performer still refuses to wear the costume, this shall be deemed to be a
material breach of the agreement.
14. Character rights and pseudonyms
14.1.
The Performer agrees that the character, name of the character or pseudonym in
relation to the character shall vest in the Producer for all media now known or
hereafter devised in relation to the Production.
14.2.
The Performer agrees that he/she shall have no right, whether of use or otherwise,
title or interest in and to the name, character or pseudonym whatsoever, unless
agreed to in writing by etv and the Producer.
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14.3.
13.
To the extent that the Performer uses his/her own name in relation to the Production,
and where such name has not been devised by the Producer or assigned to the
Producer by virtue of a deed of assignment, the Performer hereby grants to the
Producer all right, title and interest in and to that name for purposes of the Production,
including broadcast and commercial exploitation of the Production on all media now
known or hereafter devised throughout the universe for the life of the copyright,
including any extensions and renewals thereof.
15. Contractual commitments
15.1.
The Performer warrants that he/she is not under any obligation which has or may
have the effect of restraining him/her from carrying out his/her obligations in terms of
this agreement. The Performer agrees not to make any such commitment or enter into
any such agreement with any third party during the engagement period of this
agreement.
15.2.
During the term of this agreement, the Performer agrees to be bound by the
provisions of this agreement.
16. Non-performing attendances
16.1.
Principal and Regular Performers shall attend a maximum of three wardrobe fitting
calls prior to their first call at no additional cost to the Producer. A Performer who is
engaged on a Call basis shall attend one wardrobe fitting.
16.2.
Compensation will become payable after ONE free costume or wardrobe call for Call
Actors and TWO free costume or wardrobe calls for Principal, Support and Regular
Performers, provided that such a free call does not exceed 4 hours. Should it do so, a
payment of 50% of the call fee will become applicable.
16.3.
Should a Call Actor be required for more wardrobe calls after the completion
of
his
one free wardrobe call, such a call/calls will be payable at 50% of the call fee,
provided that such a call/calls does not exceed 4 hours. Should it do so, a payment of
100% of the call fee will become applicable.
16.4.
Should a Principal, Support or Regular Actor be required for more wardrobe calls after
the completion of his two free wardrobe calls, but prior to his first shooting day on set,
such a call/calls will be payable at 50% of the call fee, provided that such a call/calls
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does not exceed 4 hours. Should it do so, a payment of 100% of the call fee will
become applicable.
16.5.
Once a Principal, Support or Regular Actor has commenced shooting on the
production, a wardrobe call will be included in his Global/Weekly deal provided that
the total amount of calls are not exceeded. In the event of the total amount of calls
per week or per month being exceeded, the actors will be remunerated at 50% of the
call fee provided that the session does not exceed 4 hours. Should it do so, 100% of
the call will become payable.
17. Regulations
The Producer undertakes to provide the Performer with a copy of any relevant regulations
and requirements with regard to the studio or locations before the commencement of the
shooting period. The Performer shall comply with such regulations and requirements of the
studios and locations, and with all reasonable instructions that the Producer may give for
the production and conduct of the recording or filming operations.
18. Personal habits and health
18.1.
The Performer shall not make use of any alcoholic beverages or intoxicating drugs,
save those prescribed by a practising medical practitioner, proof of which shall be
submitted to the Producer on request, while on set or on call during working hours.
The Performer shall not, at any time, act in any manner which may place the
Performer and/or the Producer in an embarrassing or humiliating situation.
18.2.
The Performer shall not, during the term of this agreement, participate in any
dangerous or potentially dangerous activity or sport which may result in injury to the
Performer thereby preventing him/her from fulfilling his/her obligations in terms of this
agreement.
18.3.
However, should the Performer participate on a regular basis and with a certain level
of skill in a specific activity or sport (e.g. riding, martial arts, etc.), he or she may
obtain the approval of the Producer to continue with his/her participation in this
regard.
19. Transport
19.1.
The Performer shall provide his/her own transport to and from the studio.
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19.2.
15.
In the event that the Performer is on call at a time when no reasonable public
transport is available to/from his/her place of residence, the Producer shall, provided
the Performer lives within a 50km radius of the studio, provide transport to/from the
Performer's place of residence. The Performer shall provide proof to the reasonable
satisfaction of the Producer that no reasonable public transport is available.
19.3.
Should a public event at which the Performer’s presence is required, be more than
100km from the Performer's residence, the Producer shall pay the transport costs and
the reasonable out-of-pocket expenses incurred by the Performer. The Performer
shall submit invoices detailing the expenses for the Producer to be eligible for
reimbursement.
19.4.
The Producer shall provide insurance for the Performer when being driven by
a driver hired by the Producer for purposes of the Production.
20. Address
The Performer shall keep the Producer informed at all times of his/her residential address
and his/her agent’s business address and a telephone number at which he/she or his/her
agent may be contacted. The Producer shall treat the information provided by the
Performer in terms of this clause, as confidential information.
21. Availability
The Performer undertakes that during the term of this agreement, he/she shall not, for his
own private purposes, travel beyond a radius of 100 (one hundred) kilometres from the
studio or location without the prior written consent of the Producer. If the trip that is
contemplated by the Performer will result in him/her being more than 100 (one hundred)
kilometres from the studio or location for a period longer than 24 (twenty four) hours, then
the Performer shall supply the Producer with an address and a telephone number where
he/she may be reached during his/her absence. It is imperative that the Producer is able to
contact the Performer at all times. In this regard, the Performer shall own a fully functional
cellular phone which shall be switched on at all times, or which has a functioning voicemail system to facilitate contact.
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22. Indecent performance
22.1.
The Performer shall not be required to appear nude, partially nude or perform acts of
a sexual nature in the course of the Production, unless the Performer has been
advised of the full details of such nude scenes or acts of a sexual nature and has
given his/her written consent in advance, in which event, and where possible, such
consent shall be recorded in the call schedule. The parties shall record the nature of
the scene, as well as the page number of the script in which the scene appears.
22.2.
The Performer shall not be required to appear nude or partially nude at any audition,
except with his/her prior consent.
22.3.
No still photographs will be taken during the rehearsal or shooting of scenes where
the Performer is required to appear nude, partially nude, or performing simulated sex
acts, without the prior written consent of the Performer and provided each photograph
shall be endorsed by the Performer.
22.4.
A stand-in or double cannot be used in a scene where the stand-in or double is
required to appear nude, partially nude or in a simulated sex act, unless the express
written consent of the original Performer is obtained.
22.5.
No person not strictly necessary for the filming of the performance involving nudity,
partial nudity or simulated sex acts shall be permitted to be present while the scene is
being shot.
22.6.
After the completion of the transmission copy of the Production, the Producer shall
destroy all off-cuts contained in the images of the Performer in the state of nudity,
partial nudity or in which the Performer performed a simulated sex act in so far as the
Producer is satisfied that such material will not be used in future, except in
accordance with the provisions of this agreement.
23. Risk and dangerous performance
23.1.
The Performer shall be advised in writing of any hazardous or dangerous
performance which may be required to be performed. Such notice shall set out the
general nature and extent of such dangerous or hazardous acts.
23.2.
For purposes of this agreement, the term “a dangerous or hazardous performance”
shall be any act which creates a risk of injury to the Performer.
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23.3.
17.
The Performer shall have the right to refuse to carry out the performance and in the
event that the Performer agrees to perform a dangerous or hazardous act, such
consent by the Performer must be recorded in writing.
23.4.
Should the Performer insist on carrying out such a dangerous or hazardous
performance, and such insistence is recorded in writing, the performance shall be
executed at the Performer’s own risk and the Performer absolves the Producer, its
agents or representatives, as well as any independent contractor instructed by the
Producer, from and against all claims and demands arising out of injury to or the
death of the Performer resulting from, or caused by, or attributable to the execution of
the dangerous performance by the Performer.
23.5.
Should the Performer insist on carrying out a dangerous or hazardous performance,
then all matters in relation to the performance shall be recorded in writing. The
participation in a hazardous performance shall be voluntary, and the Performer
agrees that no duress has been brought to bear upon the Performer by the Producer.
The Performer agrees that he/she or his/her family shall have no claim against the
Producer arising from the hazardous performance.
23.6.
The Producer reserves the right to refuse to allow the Performer to engage in any
dangerous or hazardous act. Should the Producer so decide, the Producer’s decision
shall be final and binding upon the Performer.
23.7.
The Performer shall be covered by the Producer’s insurance policy which covers the
Performer for any injury resulting on the studio set or on a location shoot during
working hours, excluding any stunts. The cover in terms of the insurance policy is as a
result of bodily injury caused by accidental, violent, external and visible means and
excludes any existing medical conditions. The Performer maybe required to undergo
a medical examination at the cost of the Producer. Due to the Performers status as
an independent contractor, the Performer will not be covered by any law providing
protection or insurance to an employee. In this regard the company does not
contribute to any legislative Fund or Levy on the Performers behalf and the Performer
agrees to this.
24. Calls and overtime
24.1.
A call shall commence on arrival at the studio and shall normally consist of a
maximum of 12 (twelve) consecutive hours which shall include make-up time,
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travelling time during a call for production purposes, all meal and tea breaks. A call
shall terminate when the Performer is released from the studio. The maximum number
of hours worked consecutively shall not exceed 60 (sixty) hours per week, and 13
(thirteen) hours per call.
24.2.
Save where otherwise agreed, the Performer shall not be required to work for more
than 6 (six) hours without a meal break of 40 (forty) minutes. Should a meal break be
delayed by reason of the requirements of the Production, such delay shall not exceed
a period of 45 (forty five) minutes unless the Performer agrees to a delay of a longer
period. The Performer shall be afforded two tea breaks of 10 (ten) minutes each
during a call at convenient times at the discretion of the Producer.
24.3.
In the event that the Performer is on Standby Call, the Performer shall be paid
one
half of the call fee as set out in Schedule IV. If the Performer is engaged on a Monthly
Basis, the Standby Call shall count as one half of a call in respect of the required
calls, and if the Performer has already performed the required calls for the month, the
Performer shall be paid one half of the call fee as set out in Schedule IV.
24.4.
In the event that the Performer is required to travel between his/her place of residence
and the studio without shooting, the Performer shall be paid a full call fee as set out in
Schedule IV. If the Performer is contracted on a monthly basis and is required to
travel between his/her place of residence and the studio without shooting, this shall
count as a full call in respect of the maximum 20 calls and if the Performer has
already performed 20 calls in that month, the Performer shall be paid a full call fee as
set out in Schedule IV.
24.5.
Save as otherwise agreed in writing, when the Performer is required to render
services for more than 12 (twelve) consecutive hours, then the excess hours worked
over 12 (twelve) hours shall be overtime. The payment in respect of such overtime
shall be calculated on the basis of half the call rate for up to 2 (two) hours of overtime
and a further half the call rate from 2 (two) hours to 4 (four) hours of overtime.
24.6.
There shall be a break of not less that 10 (ten) hours between the end of one call and
the commencement of the next call, unless the Performer specifically agrees
otherwise.
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24.7.
19.
The Performer shall be entitled to a break of not less than 24 (twenty four) hours after
every 6 (six) consecutive working days. A seventh day may be worked if necessary
and by prior agreement with the Performer. The Performer shall be paid at double the
agreed call rate for any such seventh day worked.
24.8.
The Performer may be required to work during public holidays whenever necessary
and as required by the Producer. To the extent that the Performer wishes to take time
off for religious reasons in relation to the relevant religious holiday(s), the Performer
shall communicate those commitments in writing to the Producer on signature of this
agreement.
24.9.
The Producer shall provide one meal per day, as well as a craft service for the
Performer. If the shoot goes into overtime – i.e 12 hours or more a second meal will
be provided.
24.10. Cancellation of a call
Subject to clauses 24.11 and 32 below, and regardless of whether the Performer is
engaged on a Monthly Basis or a Call Basis, in the event of a call being cancelled by
notice to the Performer:
24.10.1.
more than 24 (twenty four) hours prior to the date of the call, the Performer shall
not be entitled to any payment in respect of such cancelled call;
24.10.2.
more than 12 (twelve) hours but less than 24 (twenty four) hours prior to the date
of the call, the Performer shall be paid one-half of the compensation for the call. If
the Performer is engaged on a Monthly Basis, such cancellation shall constitute
one half of a call in respect of the maximum of 20 calls per month and if the
Performer has already performed 20 calls in the month, he/she shall be paid one
half of the call fee set out in Schedule IV;
24.10.3.
less than 12 (twelve) hours prior to the date of the call, the Performer shall be
paid in full for the call. If the Performer is engaged on a Monthly Basis, such
cancellation shall constitute one call in respect of the maximum 20 calls per
month. If the Performer has already performed 20 calls in the month, he/she shall
be paid the full call fee set out in Schedule IV.
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20.
24.11. Weather call
24.11.1.
Should the Performer be notified of the possibility of a cancellation of a call
because of adverse weather conditions, the Performer shall nevertheless remain
available for the call.
24.11.2.
Should the services of the Performer not be required due to such adverse
weather conditions, such call shall be treated as a Standby Call and the
Performer shall be entitled to the compensation provided in Clause 5.4 above,
provided however, that should the Performer be notified of the cancellation of a
call because of adverse weather conditions less than 2 hours prior to the
commencement of the call, the Performer shall be entitled to full compensation
for the call, as if such notification had not been given.
25. Shooting schedule and call sheet
25.1.
The Producer undertakes, if possible and on signing this agreement, to give the
Performer specific notice of the part to be played, the wardrobe requirements,
address of studio and shooting schedule, which is subject to change.
25.2.
The Producer undertakes to advise the Performer of his/her relevant call time and the
Performer shall be responsible for obtaining such call time, by no later than 18h00 on
the day preceding the day on which he/she is on call.
25.3.
The Producer, shall make every endeavour to provide the Performer with correct and
accurate information, but accepts no liability for any reasonable errors that may
appear on call sheets.
26. Re-editing of footage
For the avoidance of doubt, it is agreed that the Producer shall be entitled to re-edit and/or
re-use footage for use in the production or re-edited versions of the production to promote
the production or such re-edited version of the production and the channel. In relation to
such use, the Performer shall not be entitled to any additional payment for such use.
27. Disclaimer of liability
27.1.
The Producer shall not be liable to the Performer for any loss or damage to property
during or in connection with this engagement unless caused by the negligence of the
Producer.
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27.2.
21.
The provisions of this clause 27 are subject to the provisions of clause 22 above.
28. Copyright and licences
28.1.
Should the Performer provide any literary work, manuscript, musical work or lyrics to
the Producer for the Production, then the Performer warrants that:
28.1.1.
the work is his/her own original work which he/she is at liberty to use for all
purposes required by this agreement without the consent of any third party being
required, and that he/she is the holder of all necessary rights, licences and
consents required for such use;
28.1.2.
to the extent that such literary or musical work or lyrics is provided by the
Performer to the Producer or to e.tv, the Performer hereby assigns all right, title
and interest in and to the work to the Producer who will in turn assign it to e.tv for
the life of copyright and any extensions and renewals thereof, for all media now
known or hereafter devised, and that signature of this agreement by the
Performer constitutes the necessary assignment.
28.2.
The assignments contained in this clause shall be for the ultimate benefit of e.tv or its
successors-in-title and e.tv or its successors-in-title shall in turn be entitled to assign
the copyright in the relevant work to any third party, provided that such third party
undertakes all of the obligations which e.tv or its successors-in-title would have had to
undertake in terms of this agreement.
28.3.
No work which is the subject matter of this clause shall be a parody, adaptation,
translation or substitution of any other work and the Performer warrants that this is not
the case.
28.4.
To the extent that any payment for the use of any work is required to be made by e.tv
pursuant to this agreement, such payment shall be limited to the following:
the public performance of the musical work composed by the Performer and
the public performance of the lyrics for the musical work which were written by
the Performer.
28.5.
e.tv shall have no objection to the Performer making use of his/her own musical work,
subject to permission from e.tv, which shall not be unreasonably withheld.
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22.
29. Indemnity
29.1.
The Performer hereby indemnifies the Producer against any claim which may be
brought against the Producer as a result of any breach of the warranties or
undertakings given by the Performer in terms of this agreement, together with any
reasonable legal expenses incurred in defending such claim.
29.2.
The Producer hereby indemnifies the Performer against any action by any third party
arising out of a script supplied to the Performer by the Producer and performed as
directed by the Producer. The Performer shall notify the Producer of any threatened
action and of the commencement of any proceedings, and shall co-operate in the
defence of any such action. The Performer shall make no admission of liability without
the prior written authority of the Producer.
29.3.
The Performer warrants that the performance of any work provided or chosen by
himself/herself shall not contain anything defamatory or anything that may bring the
Producer into disrepute and that such work shall not contain any advertisement or
anything which may be construed as advertising in its nature.
30. Breach
30.1.
Should either party commit a material breach of any of the provisions of this
agreement, then the party who is not in breach (innocent party) shall give the party in
breach (guilty party) written notice of such breach allowing the guilty party 7 (seven)
calendar days within which to remedy such breach, failing which the innocent party
may forthwith terminate this agreement or take such other action in law which may be
available to the innocent party.
30.2.
Notwithstanding the provisions of sub-clause 30.1 above, should the Performer fail to
present him/herself for a call, or be present but be incapable of rendering proper
services, or be incapacitated whether through abuse of alcohol, drugs or any other
substance, the Performer shall not be paid for that call except if the Performer is able
to furnish the Producer with a valid and justifiable reason for the Performer’s absence
or conduct.
Such reason shall, unless stipulated to the contrary in writing, be
provided within 24 hours of the date of absence or failure to render the services
effectively.
30.3.
Should the Producer make any charge of intemperance or use of any dependenceproducing substance against the Performer, such a charge shall be made at the time
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23.
of the offence, provided that the Performer shall be entitled to produce a certificate by
a medical practitioner, obtained at his/her own expense, within two (2) hours of such
allegation having been made in order to disprove the charge.
30.4.
Should there be a dispute between the Producer and the Performer as to the
Performer’s physical or mental capacity to perform, the Performer shall submit
him/herself for examination by a medical practitioner approved by the Producer. The
medical practitioner's determination shall be final and binding.
30.5.
It is an express term of this agreement that all Performers are engaged pursuant to
possessing a number of attributes, one of which is their physical appearance. Any
material change in the Performer’s physical appearance, such as the gaining of or
loss of weight, may be considered a breach of this agreement. Any change in
appearance of a cosmetic nature, such as the change to a hair style or the colour of
hair, shall be subject to the prior written approval of the Producer, which the Producer
shall be entitled in his/her sole discretion to withhold.
30.6.
In the event of a dispute between the Performer and any employee of etv, the
Producer shall refer the matter to etv’s Human Resources department for mediation. If
such mediation fails, or if the matter is not been resolved within 6 months of referral to
the Human Resources department, the Producer may refer the matter to a neutral
third party to be agreed between the parties for arbitration.
31. Termination
Notwithstanding any other provision contained in this agreement, in the event that the
Producer or etv determines that the character portrayed by the Performer is no longer
viable, or if the Performer determines that he/she no longer wishes to perform in the
Production, either party may terminate this agreement on 4 months written notice to the
other party, and 6 months written notice should the notice period fall over a December
production break period.
32. Cancellation
32.1.
In the event that etv or the Producer decide to cancel this Production, then only the
Principal or Regular Performer shall be entitled to receive compensation. The
compensation to either the Principal or Regular Performer shall be as follows:
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32.1.1.
24.
if the Production is cancelled with less than 3 months prior notice, Principal
Performers shall receive 1 months salary and Regular Performers 12 calls; and
32.1.2.
if the Production is cancelled with less than 1 months prior notice, Principal
Performers shall be paid 1 months salary and Regular Performers 20 calls.
32.2.
32.2.1.
This agreement may be cancelled by a party in circumstances where:
there has been a material breach by the other party of a term of this agreement,
or any matter arises which would justify termination of the agreement between
the Producer and the Performer for any cause recognised by law.
33. Postponement
Should the Producer postpone the period of engagement as recorded in Schedule III, and
should such postponement result in a conflict between the obligation assumed by the
Performer in terms of this agreement and obligations assumed by the Performer prior to
entering into this agreement, the Producer shall:
33.1.
endeavour to reschedule the calls to permit the Performer to comply with such other
obligations; or
33.2.
should the Performer be unable to postpone or withdraw from the other obligations,
the Producer shall compensate the Performer with the fee equal to the payment due
for the minimum number of calls or for the global amount, provided that the Performer
shall have submitted proof of the other obligations.
34. Publicity and promotion
34.1.
The Performer shall, if so required, furnish the Producer with biographical information
and a photograph suitable for publication. The Producer shall be entitled to reproduce
and authorise the reproduction of such material to promote the Production and e.tv as
a Channel.
34.2.
The Producer shall have the right to allow etv to use the Performer’s name,
photograph and likeness to publicise and promote the Production. The Performer
shall be available to the Producer at such times, dates and venues to be determined
for the purposes of promoting the Production. However, during principal photography,
the Performer shall be available at all times and this shall be subject to the provisions
of this agreement insofar as it relates to the availability of the Performer.
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34.3.
25.
The Performer shall participate in public events, including but not limited to, print
media, radio and television interviews and other events related to the publicity of the
Production. The Performer shall not be obliged to participate in MC work.
34.4.
Such publicity calls shall be included in the maximum allotment of 20 calls per month
for a Principal Performer and 12 calls per month for a Regular Performer. If a Regular
Performer is required to participate in publicity calls over and above 12 calls, he/she
shall be remunerated as indicated in Schedule IV.
34.5.
The Performer shall, subject to his/her professional availability, participate in any
public events which are required by the Producer on expiry of this agreement. The
Performer shall be paid a reasonable fee covering out of pocket expenses and a
reasonable per diem allowance
34.6.
The Performer’s name, likeness or image shall not be used by the Producer in
commercial tie-ups between the Production and commercial goods or services, other
than the Producer or etv’s own services, to directly promote the Producer or etv
(which is permitted), unless specially agreed to between the parties in terms of a
separate agreement.
34.7.
The Producer’s rights in terms of this clause do not extend to merchandising rights.
Such rights shall require the written consent of the Performer.
34.8.
The Producer shall have the right to determine the position, size, nature and type set
of the Performer's name on the screen credits and all paid advertising. The Producer
shall not be liable for any failure by any third party to accord such credit, or for any
inadvertent failure on its own part to do so.
35. Medical examination
If so required by the Producer for Film Producer’s Insurance purposes, the Performer
shall, at the cost of the Producer, submit him/herself for a medical examination by a
qualified medical practitioner of the insurer’s choice. The contents of such report shall be
dealt with in the strictest confidence.
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26.
36. Force majeure
36.1.
If the Production is prevented or interrupted or stopped by reason of any cause
beyond the control of the Producer, including national mourning, civil unrest, fire, war,
natural disaster, disruption or interruption of essential services and utilities or any
order of any licensing or other public authority having jurisdiction, the Producer may:
36.1.1.
suspend the Performer’s engagement during the period of such prevention or
stoppage of Production without compensation to the Performer. The Performer's
engagement shall resume on resumption of work on the Production; or
36.1.2.
cancel the Production and terminate the Performer’s engagement as from the
date of prevention or stoppage of the Production, by notice in writing within 5
(five) working days of the date of such prevention or stoppage and upon payment
of all fees for services rendered prior to the date of such prevention or stoppage.
36.2.
If any suspension under the provisions of this clause continues for three consecutive
weeks, the Producer shall not be entitled to retain First Call upon the Performer after
the three week period, unless the Producer shall have notified the Performer that
he/she is retained on a First Call Basis prior to expiration of the three weeks.
36.3.
If the Producer retains the Performer on a First Call Basis as contemplated in clause
35.2 above, and the suspension continues for more than three consecutive weeks,
the Performer shall be paid the amount payable for being on First Call Basis.
36.4.
Should the Performer wish to enter into other engagements during the period of
suspension, he/she shall consult the Producer to ensure his/her availability to
complete the services for which he/she is engaged in terms of this agreement.
36.5.
If the Producer retains the Performer on Second Call Basis and the suspension
continues for more than three weeks, the Producer shall, subject to the Performer's
availability, pay the Performer an amount agreed to as a retainer payment for each
seven day period or part thereof following the three week suspension. The Performer
shall be paid on this basis until production is resumed. The Performer shall be entitled
to accept other work during this period. The Producer shall remain liable to pay the
Performer the amount agreed upon for the period of suspension.
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27.
37. Statements to the press, electronic media and outside parties
37.1.
The Performer agrees not to make or furnish any statement, photograph,
announcement or release any information relating to the Production or connected to
the affairs of the Producer to any journalist, critic, television reporter, presenter,
interviewer, newspaper, publication or any other third party without the prior written
approval of the Producer and in consultation with the production publicist.
37.2.
To the extent that the Performer breaches the provisions of this clause, then it shall
be deemed to constitute a material breach of this agreement and may merit the
termination of this agreement.
The provisions of this clause 37 shall survive
termination of this agreement.
38. General
38.1.
The paragraph headings and sub-headings herein are used for reference purposes
only and shall not be used in interpreting this agreement.
38.2.
The parties choose the following addresses to which notices may be given, and at
which documents in legal proceedings may be served (i.e. their domicilium citandi et
executandi) in connection with this agreement:
38.2.1.
in the case of the Producer to:
physical address:
_______________________
_______________________
postal address:
_______________________
_______________________
_______________________
fax no:
_______________________
38.2.2.
in case of the Performer to the physical address, postal address and fax number
38.2.3.
set out in Schedule I to this agreement.
38.3.
The provisions of this agreement shall be interpreted in accordance with the laws of
South Africa.
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38.4.
28.
This agreement constitutes the whole agreement between the parties and no addition
to, variation of, or any consensual cancellation shall be of any force or effect unless
reduced to writing and signed by both parties.
38.5.
Notwithstanding anything to the contrary contained in this agreement, it is specifically
recorded and agreed that no payments due to the Performer in terms of this
agreement shall be paid by the Producer until the Performer has duly executed and
signed this agreement and delivered a copy of the agreement to the Producer.
38.6.
Neither the Producer nor the Performer have made any representations or given any
warranties in connection with the subject matter of this agreement, which are not
contained in this agreement.
38.7.
The provisions of this agreement shall apply to any sub-contractors with whom the
Producer may be in contractual relationship.
38.8.
The Producer shall at all times provide a safe and healthy working environment at the
studio and/or on location. The Producer shall provide a fully equipped first aid kit in
every studio and on location and shall provide the first aid kit with a list of
requirements which the Producer shall obtain from the S.A. Red Cross Association.
39. Cession
39.1.
The Producer shall be entitled to cede its rights and assign its obligations in terms of
this agreement to any producer, successor-in title or other third party, provided that
such third party or successor-in-title agrees to abide by the provisions of this
agreement. Should the Producer cede its rights and assign its obligations to e.tv,
then it shall not be required to provide notice of such cession to the Performer. Should
the Producer cede its rights and assign its obligations to a third party other than etv,
the Producer shall be required to provide notice of such cession to the Performer.
39.2.
No cession or assignment as envisaged in clause 39.1 shall have any effect on the
rights and obligations granted or undertaken by the Performer in terms of this
agreement.
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39.3.
29.
As the services of the Performer are personal in nature, he/she shall not be entitled to
cede his/her rights or assign his/her obligations in terms of this agreement to a third
party.
40. Severability
If any one of the provisions of this agreement should be held to be invalid or
unenforceable by any competent authority or court of law, the validity and enforceability of
all the other provisions of this agreement shall not be affected.
Signed at
on
2016.
Witness:
for the Producer
.............................................................
............................................................
[insert name]
Signed at
on
Witness:
.............................................................
2016.
for the Performer
............................................................
[insert name]
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30.
Schedule I
Particulars of Performer/Agent
A.
B.
NAME OF PERFORMER
:
ADDRESS
:
TELEPHONE NUMBER
:
CELLULAR NUMBER
:
FAX NUMBER
:
EMAIL ADDRESS
:
NAME OF AGENT
:
ADDRESS
:
TELEPHONE NUMBER
:
CELLULAR NUMBER
:
FAX NUMBER
:
EMAIL ADDRESS
:
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31.
Schedule II
Production Particulars
TITLE OF PRODUCTION
:
_______________________________
PRODUCER TO BE INVOICED
:
_______________________________
_______________________________
________________________________
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32.
Schedule III
Call Schedule
To be provided by Producer on a weekly basis.
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33.
Schedule IV
Engagement
ROLE
:
PRINCIPAL PERFORMER
:
REGULAR PERFORMER
:
ALL PERFORMER
:
PERIOD OF ENGAGEMENT
:
BASIS: State whether this is a
monthly basis or call basis
DATES AND TIMES OF UNAVAILABILITY AS AGREED BY PRODUCER:
Schedule V
Compensation
If the Performer is contracted on a [insert] Basis, the following clauses must be used. Please
delete clauses which are not applicable.
1.
Monthly payment for the required [insert] calls
The Performer shall be paid on a Monthly Basis at the rate of [insert] [insert in words]
per month for the required [insert] calls per month.
The consideration referred to herein does not include value added tax.
Should the PERFORMER require their agent to submit a VAT invoice on their
behalf, please insert agent details below:
Name of Agent:
Address:
VAT Number:
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34.
Schedule VI
The Performance Obligations
Without deviating from the generality of the provisions of this agreement, the Performer shall:
(a)
make a proper study of the script before and perform his/her role in a professional,
efficient and diligent manner, to the best of his/her ability and in accordance with the
directions, standards and requirements of the Producer;
(b)
make him/herself available for and to attend punctually all calls and rehearsals (if any)
on such dates and at such places and times as specified in Schedule V and to be ready
15 (fifteen) minutes before each appointed time;
(c)
be available for any appointment for or in respect of make-up, hairdressing, wardrobe at
least 2 (two) scenes prior to the Performer's scene or as required by the floor manager;
(d)
to be made up in accordance with the requirements of the Producer or by a make-up
artist appointed by the Producer;
(e)
(if applicable) shave his facial hair in accordance with the continuing episode and
character;
(f)
not change his/her hairstyle without the prior consent of the Producer and/or the hair
stylist and make-up artist appointed by the Producer;
(g)
be available for make-up touch-ups prior to a scene being recorded and after any break
given by the Producer;
(h)
wear all costumes, clothes and other items or accessories provided by the Producer for
performing the role;
(i)
treat all costumes, items of clothing, wigs, props, sets, dressing or any other property
given to the Performer by the Producer with due care;
(j)
maintain such items in good order and in a neat and clean condition (fair wear and tear
excepted);
(k)
not leave such items on the floor or in the dressing rooms;
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35.
(l)
not leave the premises with character wardrobe; and
(m)
return such items at the request of the Producer or upon termination of this agreement
for whatever reason.
(n)
The Performer will be liable for any negligent or wilful loss or damage caused to such
items;
(n)
comply with all regulations and requirements of the set/location/studio/ Producer's
premises at which his/her services are rendered;
(o)
keep the Producer informed at all times of his/her residential address and telephone
number at which he/she can be contacted at all times, and the residential address and
telephone number of his/her agent;
(p)
eep his/her cellular telephone on from 07h00 to 19h00 on a day when his/her is on call ,
or he/she is on Standby Call;
(q)
arrive punctually at agreed call time , if the performer is unable to do so reasonable
explanation of failure to do so must be given to production, only reasons outside of the
performers control will be excepted. If a performer frequently offers excuses they will be
required to submit proof
(r)
inform the Producer if he/she will arrive later than the time specified in Schedule V.
Failure by the Performer to comply with this provision will result in a penalty being
imposed on the Performer;
(s)
report and sign in on arrival at the premises where the scene/sis shot, after signing in
the performer must immediately report to make up and wardrobe;
(t)
only leave the premises where the scene is shot with the consent of the director and/or
the floor manager;
(u)
obtain the permission of the line producer or the production manager before leaving the
premise between scenes;
(v)
inform the Producer when he/she intends to travel further than 60 (sixty) kilometres on
any shooting day; and
(w)
obey the instructions of the floor manager.
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(x)
(y)
Adhere to studio rules as set out in addendum
36.