FOR SAMPLE PURPOSES ONLY
TALENT AGREEMENT
THIS AGREEMENT made this ___ day of _____________, 19__ by and between _______________, (hereinafter referred to as "Company" and _______________________ (hereinafter referred to as "Talent").
BACKGROUND
Company is in the business of developing , producing and marketing motion pictures. Company’s first full-length feature film, _____, was in production from _______________. Talent auditioned, was cast, and accepted a role as a character in _____________.
Company is investing considerable time and energy and has and will continue to incur substantial financial responsibilities related to the production, exhibition, distribution, marketing and sale of ____. Company anticipates that its efforts will result in widespread notoriety for ____. Talent has, and is willing to, continue to invest considerable time and energy towards the successful production of ______.
I. TERM
A. This Agreement is in effect from at least _____________ to ______________ (hereinafter referred to as the "Production Period).
1. Talent agrees to be available to Company for filming that takes place after the Production Period for purposes of completing production (hereinafter referred to as "pick-up shots") and for promotional appearances.
a. If and when Talent becomes unavailable to Company for pick-up shots and/or promotional appearances, Talent must notify Company, in writing, certified, return receipt requested, at least fifteen (15) days prior to the time that Talent is to become unavailable.
II. COMPENSATION
A. It is agreed that Talent will receive no compensation at the time of the signing of this Agreement and the delivery of services.
1. It is understood that Company is not guaranteed to realize profits from this production, exhibition, distribution, rental, lease or sale of ________. Should Company realize profits which exceed the cost of production and distribution, however, Talent shall be compensated in an amount not to exceed _________ ($____).
III. RIGHTS AND OBLIGATIONS
A. Company shall provide Talent with updated scheduling information and production materials.
B. Talent shall be present, prompt and prepared at "call times" , all times while "on call" and for meetings/rehearsals as specified by or agreed to by the Production Manager, Director or their designee(s).
1. Talent understands that great financial burdens may be borne by Company as a result of Talent’s failure to be present, prompt and prepared as required.
2. Talent understands that incapacity, death or impossibility are the only acceptable justifications for failure to meet their obligations under this Agreement.
3. Talent shall notify Company immediately upon the occurrence of incapacity or impossibility, or as soon as possible thereafter.
IV. UNIQUENESS
A. It is understood that Talent has been selected to play the character assigned due to Talent’s uniqueness, hence, his/her performance cannot be substituted by another.
1. Talent shall be liable for damages caused by their failures to perform the role designated by Director and accepted by Talent under this Agreement.
V. LIKENESS
A. Talent grants to Company the right to use his/her name, likeness, voice and biographical information for production, promotional, publicity and advertising purposes.
1. Talent understands that all materials subject to this section are the property of Company.
2. If applicable, Talent’s screen credit shall read as follows:___________________.
VI. JURISDICTION
A. this Agreement is entered into and is to be governed and construed under the laws of the State of ________. The courts of the State of __________ shall have exclusive jurisdiction over any claims arising out of this Agreement.
VII. ENTIRETY
A. This is the entire understanding of the parties. This Agreement shall not be amended, in part or in full, in any way except by a writing signed by the parties to this Agreement and specifically referring hereto.
SIGNED:
_____________________________ _____________________________
Talent Social Security Number
_____________________________
Date of Birth
___________________________________________________
Full Address and area code phone number(s)
SIGNED
__________________________________________________
Production Company Agent