i have a form with the information, and then i have these terms, do you think this is good or is it overkill? im going to be posting on kickstarter so maybe its good?
ACTOR DEAL MEMO
THIS CONTRACT made by and between [Pinecone Productions], (hereinafter referred to as “Producer”) and [John Smith/Parent/Guardian] (hereinafter referred to as “Performer”):
WHEREAS Producer intends to produce a web-series the working title of which is “The Pinecone” (“Pilot”) which is intended for online release.
AND WHEREAS Producer wishes to retain the services of Performer in connection with the Pilot, and Performer wishes to provide such services, upon the terms and conditions herein contained.
1. Photoplay, Role, Salary and Guarantee
Producer hereby employs Performer to render services in the role of Steve (the “Role”) in the Pilot at the salary of $660.00 per day. Performer accepts such employment upon the terms and conditions set out herein.
2. Term
The term of employment hereunder shall begin on or about July 4, 2014 (the “Start Date”) and continue until July 5, 2014. Producer reserves the right to discharge Performer at any time.
3. Producer’s Rights of Ownership
Producer shall be the sole and exclusive owner of all results and proceeds of Performer’s services including, without limitation, all elements created by Performer in connection with the performance and of all rights in the role portrayed by Performer in connection with the Pilot. Performer and Performer’s heirs, executors, representatives and assigns shall have no right to bring legal action against Producer for any use of the results and proceeds of Performer’s service.
4. Right to Use Name and Likeness
Producer shall have the exclusive worldwide right in perpetuity to use, simulate by any means, and license the use to third parties of Performer’s name, sobriquet, photograph, likeness, voice, signature, caricature and/or appearance (hereinafter collectively referred to as “Name and Likeness”) by any means in and in connection with the Pilot and the advertising, promotion, publicizing, exhibition, and/or other exploitation thereof in any manner and in connection with commercial advertising and publicity tie-ups. However, nothing herein contained shall require Producer to use Performer’s name, likeness or voice in any of the manners described in this Contract or to exercise any of the rights granted herein. Performer agrees to hold Producer, its agents, representatives and employees, and any third parties harmless from and against any and all claims, liabilities, losses or damages that may arise from the use of Performer’s Name and Likeness.
5. Merchandising
Producer is also granted the further exclusive worldwide right and license, but only in connection with the role portrayed by Performer in the Pilot, to use and to license to third parties the use of Performer’s Name and Likeness in and in connection with any merchandising and/or publishing undertakings.
6. Performer’s Representations
Performer warrants and represents that he/she is free to enter into this Contract, and that this Contract does not conflict with any existing contracts or agreements to which Performer is a party.
7. Indemnification
Performer releases and indemnifies and holds harmless Producer, its owners, employees, officers, agents, licensees, employees, successors and assigns from any and all liability for any loss, damage or injury sustained by Performer during the course of his/her employment hereunder.
8. Full Consideration
It is agreed that the foregoing grant of rights is made for promotional consideration only, and Producer’s exercise of the grant of rights shall be deemed full consideration for such grant.
PERFORMER/PARENT/GUARDIAN: PRODUCTION COMPANY:
Signature Signature
Print Name Print Name & Title
If Signatory is under 18: I represent and warrant that I am the parent or legal guardian of the minor whose name appears above, that I have read and approve of the foregoing Agreement, and consent to its execution by my child/ward.
