capitalP
Veteran
I'm heading into production in a month on a Feature. You know the rest, no budget and so on. I'm using non SAG actors, but I want to make sure if by some chance the film ends up making money I pay them for working on Deffered payment. I need help on rephrasing paragraph 4 in this sample contract below. I don't want them to recieve any percentange or future payouts if the film makes money, I just want to pay them a flat rate of $100 a day for the time they spent on the production.
And I know a lawyer would be wise, but since this is not a major production just out of pocket money, there's no risk of much, just want to make sure the actors are covered if the film makes a little money. Rather have them work on a contract then me just giving my word... any help?
ACTOR AGREEMENT
This agreement is entered into by and between Tom Cruise (the “Actor”) and Miramax (the “Production Company”). In the event of the Actor’s death or total incapacity, “Tom Cruise” means the Actor’s heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest. “Miramax” includes the licensees, assignees, future owners, or other acquirers or successors-in-interest of Miramax, Inc.
The Actor hereby grants to the Production Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character, in perpetuity, in and to the Actor’s performance, appearance, likeness, name and/or voice (the “Performance”) in connection with the motion picture entitled Vanilla Sky which is based on the concept and outline by Vanilla Sky(the “Picture”).
The Actor hereby authorizes the Production Company to photograph, videotape, film and record (on film, tape, or any other medium), the Performance and audition(s) for the Performance; to edit the same at its discretion and to include it with the performances of others and with sound effects, special effects, digital effects and music; to incorporate the same into the Picture, trailers, posters or other materials or programs related to the Picture; to use and to license others to use such records and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biography or other information concerning me in connection with the Picture and for any other purpose associated with the Picture. The Actor further acknowledges that the Production Company owns all rights to the Picture.
The Production Company shall compensate the Actor for the Performance by payment to Actor of ___% of net profits to the Production Company from all distribution and exploitation of the Picture (including Picture trademarks, service marks, logos, slogans, likenesses, names, voice, or dialogue), including royalties, dividends, or payments of any kind arising from theatre, television, video, CD, DVD, or internet distribution and exploitation. Net profits shall be determined in accordance with generally accepted accounting principles. Payment will be made to the Actor on a quarterly basis in perpetuity as the Production Company receives such monies. The Actor is responsible to pay all applicable taxes and other assessments or levies of any kind due on the receipt of income.
Unless otherwise agreed to in writing by the Production Company, the Actor will receive no compensation in the event that the Actor does not complete the Performance.
This Agreement constitutes the entire agreement by and between the Actor and the Production Company and supersedes any and all prior contracts, understandings, negotiations, and agreements with respect to the Production Company and the subject matter hereof, whether oral or written.
Actor Name: _____________________________________
Signature: _____________________________________
_________________________________
, Production Company
And I know a lawyer would be wise, but since this is not a major production just out of pocket money, there's no risk of much, just want to make sure the actors are covered if the film makes a little money. Rather have them work on a contract then me just giving my word... any help?
ACTOR AGREEMENT
This agreement is entered into by and between Tom Cruise (the “Actor”) and Miramax (the “Production Company”). In the event of the Actor’s death or total incapacity, “Tom Cruise” means the Actor’s heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest. “Miramax” includes the licensees, assignees, future owners, or other acquirers or successors-in-interest of Miramax, Inc.
The Actor hereby grants to the Production Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character, in perpetuity, in and to the Actor’s performance, appearance, likeness, name and/or voice (the “Performance”) in connection with the motion picture entitled Vanilla Sky which is based on the concept and outline by Vanilla Sky(the “Picture”).
The Actor hereby authorizes the Production Company to photograph, videotape, film and record (on film, tape, or any other medium), the Performance and audition(s) for the Performance; to edit the same at its discretion and to include it with the performances of others and with sound effects, special effects, digital effects and music; to incorporate the same into the Picture, trailers, posters or other materials or programs related to the Picture; to use and to license others to use such records and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biography or other information concerning me in connection with the Picture and for any other purpose associated with the Picture. The Actor further acknowledges that the Production Company owns all rights to the Picture.
The Production Company shall compensate the Actor for the Performance by payment to Actor of ___% of net profits to the Production Company from all distribution and exploitation of the Picture (including Picture trademarks, service marks, logos, slogans, likenesses, names, voice, or dialogue), including royalties, dividends, or payments of any kind arising from theatre, television, video, CD, DVD, or internet distribution and exploitation. Net profits shall be determined in accordance with generally accepted accounting principles. Payment will be made to the Actor on a quarterly basis in perpetuity as the Production Company receives such monies. The Actor is responsible to pay all applicable taxes and other assessments or levies of any kind due on the receipt of income.
Unless otherwise agreed to in writing by the Production Company, the Actor will receive no compensation in the event that the Actor does not complete the Performance.
This Agreement constitutes the entire agreement by and between the Actor and the Production Company and supersedes any and all prior contracts, understandings, negotiations, and agreements with respect to the Production Company and the subject matter hereof, whether oral or written.
Actor Name: _____________________________________
Signature: _____________________________________
_________________________________
, Production Company
I modified my second question which was regarding to your answer, oops..didn't think you would see it.
