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ACTOR EMPLOYMENT AGREEMENT(Loanout Format to Employ S.A.G. Actor)
作者:管理员    发布于:2014-07-08 17:09:05    文字:【】【】【

ACTOR EMPLOYMENT AGREEMENT

(Loanout Format to Employ S.A.G. Actor)

 

 

 

The following agreement (“Agreement”), dated as of ___________, shall constitute the basic terms and conditions of the agreement between _________________ (“Producer”) and

__________________ (“Lender”), a ____________ Corporation, relating to the services of

_________________ (“Employee”):

 

1. Engagement: The Producer hereby engages the Lender to furnish the services of the Employee as an actor portraying the role of “_________________” in connection with the feature-length motion picture presently entitled “________________________” (“Picture”) pursuant to the terms and conditions hereof and the Lender hereby accepts such engagement.

 

2. Services: The Lender agrees to cause the Employee to render all such services as are required by the Producer and customarily rendered by actors in first-class feature-length theatrical motion pictures in the motion picture and television industry, at such times and places required by the Producer, and to comply with all reasonable directions, requests, rules and regulations of the Producer in connection therewith, whether the same involve matters of artistic taste and judgment.

 

3. Start Date: The Lender agrees to cause the Employee to render services hereunder exclusively to the Producer in connection with the principal photography of the Picture commencing on a date to be designated by the Producer (“Start Date”) and continuing for ten (10) consecutive weeks thereafter (Guaranteed Period”) or until completion of principal photography of the picture, whichever is later. The Start Date is presently contemplated by the Producer to be on or about ________________. In addition, the Lender agrees to cause the Employee to render services in connection with rehearsals and pre-production of the Picture [as more fully described in Paragraph 4(c) hereof] commencing on a date to be designated by the Producer and continuing until the Start Date.

 

4. Compensation: 

------------- 

12. Default: No act or omission of the Producer hereunder shall constitute an event of default or breach of this Agreement unless the Lender and the Employee shall first notify the Producer in writing setting forth such alleged breach or default and the Producer shall not commence reasonable efforts to cure said alleged breach or default within thirty (30) days after receipt of such notice. Upon any breach by the Lender and/or the Employee of any of the terms and conditions of this Agreement, the Producer shall immediately have the right, exercisable at any time after becoming aware of such breach, to suspend the Lender’s engagement hereunder and/or to terminate this Agreement by so notifying the Lender in writing; provided, however, that if such breach shall occur after principal photography of the Picture, the Producer will notify the Employee of such breach and will afford the Employee forty-eight (48) hours after such notice to cure the alleged breach. The Producer’s election to suspend this Agreement shall not affect its right to thereafter terminate this Agreement.

 

In the event of a suspension pursuant to this Paragraph 12, the Producer’s obligation to make the payments described in Paragraph 4 hereof shall likewise be suspended. In the event of a termination pursuant to this Paragraph 12, the Lender shall be entitled to no further compensation hereunder. The foregoing shall in no way limit any other remedy which the Producer may have against the Lender.

 

13. No Obligation to Proceed: Nothing herein contained shall in any way obligate the Producer to use the Employee’s services hereunder or to include the results and proceeds of the Employee’s services in the Picture or to produce, exhibit, advertise or distribute the Picture. Not withstanding the foregoing, upon the condition that the Lender and the Employee shall fully perform all of the material terms and conditions hereof, nothing contained in this Paragraph shall relieve the Producer of its obligation to pay to the Lender the Guaranteed Compensation specified in Paragraph 4(a) hereof and the Producer’s obligations to the Lender hereunder shall be deemed fully performed by payment to the Lender of said amount. Notwithstanding the foregoing, if the Producer shall suspend production of the Picture due to an event of force majeure and shall fail to recommence said production, the Producer shall pay to the Lender only that portion of the Guaranteed Compensation which shall have accrued prior to such suspension.

 

14. Notices: All notices hereunder shall be in writing and shall be given either by personal delivery, telegram or telex (toll prepaid) or by registered or certified mail (postage prepaid), and shall be deemed given here under on the date delivered, telegraphed or telexed or a date forty-eight (48) hours after the date mailed. Until further notice, the addresses of the parties shall be as follows:

 

LENDER:

________________________________

(Lender)

 

________________________________

(Address)

________________________________

Fax:

 

With copy to:

________________________________

________________________________

Fax:

 

PRODUCER:

________________________________

(Producer)

 

________________________________

(Address)

________________________________

Fax:

 

With copy to:

________________________________

________________________________

Fax:

 

15. Assignment: The Lender agrees that the Producer may assign this Agreement, in whole or in part, at any time to any party, as the Producer shall deter-mine in its sole discretion.

 

16. Miscellaneous: This Agreement shall be governed by the laws of the State of applicable to agreements executed and wholly performed therein and all parties hereby consent to the jurisdiction of the courts of said State in the event of any dispute hereunder. This agreement shall not be modified except by a written document executed by both parties hereto. The Paragraph headings used herein are for the convenience of the parties only and shall have no legal effect whatsoever.

 

17. Lender’s Agreement with Employee: The Lender hereby represents and warrants that the Lender is a duly organized and existing corporation and is presently in good standing under the laws of the state of its incorporation, that the Lender has a valid, binding and subsisting agreement with the Employee pursuant to which the Employee is obligated to render services exclusively to the Lender for at least the full term of this Agreement and that, by the terms of such agreement, the Lender has the right to enter into this Agreement with the Producer for the furnishing of the Employee’s services hereunder and to grant to the Producer any and all of the services and rights herein set forth. The Producer shall pay directly to the Lender all of the compensation that would have been payable to the Employee had the Employee rendered services directly to the Producer in the first instance, and the Producer shall not be obligated to make any payments of any nature whatsoever to the Employee. In no event shall the Lender’s failure to pay any amounts to the Employee be deemed to constitute a breach of this Agreement by the Producer.

 

18. Entire Agreement: This Agreement (including Exhibit “A” attached hereto and by this reference made a part hereof) contains the full and complete understanding between the parties with reference to the within subject matter, supersedes all prior, agreements and understandings whether written or oral pertaining thereto, and cannot be modified except by a written instrument signed by each party. The Lender acknowledges that in entering into this Agreement neither it nor the Employee has relied upon any representation or promise not expressly contained herein.

 

IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date and year first indicated above.

_______________________________    _______________________________

(“Lender”)                          (“Producer”)

 

By: ___________________________ By: ______________________________

 

Its: ___________________________ Its: ______________________________

 

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