This is a sample contract for an actor and producer in a non-union film. For a contract to be binding, there must be "consideration", meaning that each party must derive some benefit from the deal eg. money/credit in exchange for IP rights.
CONTRACT BETWEEN ACTOR AND PRODUCER
THIS AGREEMENT is made and entered into as of _ _________by and between _________________ (hereinafter "Producer"), and _____________(hereinafter "Actor"). A. Producer intends to produce a Feature Length Motion Picture Film and Television Series based upon that certain script and screenplay tentatively entitled __________ (hereinafter the "Screenplay"). B. Producer wishes to utilize the services of Actor in connection with the Project upon the terms and conditions herein contained. ACCORDINGLY, IT IS AGREED AS FOLLOWS: 1. ROLE: Producer hereby engages Actor to render services as such in the role of “__________", in the motion picture _______________. 2. SALARY: The salary of _______________per day is accepted. Actor accepts such engagement upon the terms herein specified. Producer guarantees that it will furnish Actor not less than __________ day’s employment. In addition to the __________ per day salary, inclusive of travel costs, actor also agrees to work in consideration of a copy of the movie for the actor reel and film movie credit on IMDB provided all other terms are met. 3. TERM: The term of employment hereunder shall begin on or about ____________ (the "Start Date") and continue until _____________ (the “End Date"). The Term shall include rehearsal and post production sound work, which are not compensated. 4. ACTOR’ ADDRESS: All notices which the Producer is required or may desire to give to the Actor may be given either by mailing the same addressed to the Actor at the address listed at the end of this agreement or emailing the same addressed to the email address listed at the end of this agreement or such notice may be given to the Actor personally, either orally or in writing. 5. ACTOR TELEPHONE: The Actor must keep the Producer advised as to where the Actor may be reached by telephone without unreasonable delay. The current telephone number of the Actor is listed at the end of this agreement. 6. DVD OF PROJECT: Producer will provide Actor with a DVD copy of the completed Project within twenty one (21) days after the completion of the Project. If the Project is not completed, Producer shall provide Actor with a DVD copy of Actor’s scenes within twenty one (21) days after the suspension of the Project. 7. FURNISHING OF WARDROBE: The Actor agrees to furnish all modern wardrobe and wearing apparel reasonably necessary for the portrayal of said role; it being, however, that should so-called "character" or "period" costumes be required, the Producer shall supply the same. 8. 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. 9. NAME AND LIKENESS: Producer shall have the exclusive right to use and to license the use of Actor’s name, photograph, likeness and/or voice by any means in and in connection with the film and the advertising, publicizing, exhibition, and/or other exploitation of the film. Actor grants to Producer the right to photograph his/her image and likeness and to record his/her voice, performances, poses, actions, plays and appearances and to use her picture, silhouette and any other reproductions of his/her physical likeness in connection with the motion picture entitled ________; the perpetual right to use, as Producer may desire, all still and motion pictures and soundtrack recordings and records which may be made of her or of his voice in or in connection with the exhibition, advertising, exploiting or publicizing of ____________; the perpetual right to use, as Producer may desire, all still and motion pictures and soundtrack recordings and records which may be made of her or of her voice in or in connection with any paraphernalia or product whatsoever associated with ___________ and other miscellaneous work performed by Actor for _______________. The contract will continue in perpetuity and the jurisdiction is the world and all its solar systems. 10. RULES OF PRODUCTION: Actor agrees to the best of his/her ability to adhere to the schedule agreed to prior to beginning her engagement. Should any scheduling conflict or impediment to performance arise, Actor agrees to call and/or text message ______________. . Additionally, Actor agrees to the best of his/her ability to make ACTOR available, should it be necessary, to re-record his voice during post production at no additional cost to Producer. 11. CREDITS: Actor shall receive a credit in the on-screen film credits and on IMDB. 12. HEALTH AND SAFETY: Producer will use its best efforts to ensure Actors health, safety and welfare during the Project. 13. INSURANCE: Producer warrants that _____________ 14. FOOD: Producer will provide Actor with food and refreshments during those periods when Actor’s presence is required at the filming of the Project. 15. EXHIBITION OF PROJECT: Actor agrees not to exhibit the Project in public without the written consent of Producer; provided, however, that Actor may use portions of the Project in which Actor appears for Actor’s demo reel. 16. SCOPE AND JURISDICTION OF AGREEMENT: The contract will continue in perpetuity and the jurisdiction is the world and all its solar systems. 17. COUNTERPARTS: This agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 18. ENTIRE AGREEMENT: This agreement is the entire agreement of the parties. No other representations, written or verbal are relied upon by either party in entering into this Agreement. 19. SEVERABILITY: Should any provision of this Agreement be found to be unenforceable, it shall not render the remainder of this Agreement unenforceable. 20 CONTRACT NEGOTIATED BY BOTH PARTIES: Both parties acknowledge that they have had the opportunity to have this contract reviewed by an attorney at law and have been involved in the negotiation of this contract so any rule of construction that a contract is construed against the drafter of the contract is not applicable herein. 21. ARBITRATION: Actor agrees that he/she will not assert or maintain against ______, successors, assigns, licensees or affiliates any claim, action, suit or demand, of any kind or nature whatsoever grounded upon invasion of privacy, rights, publicity or other civil rights or for any reason in connection with the authorized use of her physical likeness or sound in ___________. Any and all disputes of any nature shall be referred to a mutually agreeable Arbitrator. 22. ACTOR shall not contact the press or public about ___________without first obtaining the consent of PRODUCER via electronic mail or in writing for each external communication. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT CAREFULLY AND UNDERSTAND EVERY PART OF IT. DO NOT SIGN THIS AGREEMENT UNLESS IT ACCURATELY DESCRIBES YOUR AGREEMENT AND UNLESS YOU ARE COMPLETELY SATISFIED WITH IT. THIS AGREEMENT WAIVED CERTAIN IMPORTANT RIGHTS AND ESTABLISHES CERTAIN IMPORTANT RIGHTS IN YOUR FAVOR. DO NOT SIGN THIS AGREEMENT IF YOU HAVE BEEN SUBJECTED TO DURESS. SIGN IT ONLY WITH YOUR OWN FREE WILL. IF YOU ARE ENTIRELY SATISFIED WITH THIS AGREEMENT, SIGNIFY YOUR FULL APPROVAL BY SIGNING YOUR NAME BELOW. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. AGREED TO AND ACCEPTED: ____________________________ "Actor" Actors address: __________ Actor’s Phone number: ______ AGREED TO AND ACCEPTED: _________________________