This Agreement, when executed by the parties identified below as the
Producer (Producer) and [Actor (Player)][Director (Director], will set for the terms of a services agreement between them concerning the Production (as defined in paragraph below). 1. [Producer] Name and Address: 2. [Actor][Director] Name, Address and Social Security Number: 3. Services of [Player][Director]: [Player][Director] will perform the following services for Producer in connection with an audiovisual production intended as a pilot (the Production) for a television series currently and tentatively entitled I Wish I Were Still on Spring Break based on the teleplay written by Dranise Axter entitled I Wanna Get the Hell Outta Here. [Player] shall remain available to provide equivalent services hereunder for a full series order if Production is picked up by the network, provided that compensation in connection therewith shall be subject to good faith negotiation between the parties hereto. [Player will provide all of the services customarily provided by an actor in a television production, including on-camera appearance, rehearsals, makeup and wardrobe; and at mutually convenient times and places subsequent to production, dubbing, retakes and publicity support. Player is currently scheduled towill play the role of supertalented swimmer Patrick Simpkins in the Production.] [Director will provide all of the services customarily provided by the director of a television program, including but not limited to participation in pre-production such as script development, casting, rehearsals and selection of designers and music; directing filming, taping and other production steps; and overseeing editing and other post-production steps. ] [Player][Director] recognizes that except to the extent provided otherwise by any applicable guild or union agreement, all services hereunder will be subject to the ultimate reasonable approval of Producer and meaningful consultation with [Player] [Director] during production. All of [Player][Director]s services will be performed subject to the direction and control of Producer and at such times and places as Producer may designate. The regular term of services will be as follows [specify day or period]: (the Term) [Player][Director] will also perform any services which are required or
requested by Producer outside the regular term at mutually convenient
times. Producer will not be obligated to actually use any of [Player][Director]s services or work product, but the failure to use such services or work product will not in itself relieve Producer of the obligation to pay the compensation set forth herein. 4. Compensation: Producer will pay [Player][Director] the following compensation [e.g. fee and for A-list actor or director, profits] Producer will also reimburse reasonable out-of-pocket expenses of [Player][Director] relating to his/her services, provided they are approved by Producer and customary documentation is presented, both in advance or within one week of the incurrence of such expenses. Producers approval of out of pocket expenses shall not be unreasonably withheld. Notwithstanding the foregoing, a maximum of $50 per diem of out of pocket expenses shall be presumed to be approved by Producer. 5. Warranties: [Player][Director] warrants that (i) s/he is free to enter into and to perform this agreement; and (ii) any material that s/he creates or adds to any project or production during the course of her/his employment will be either original or in the public domain and its use and exploitation will not violate the rights of any third party. Producer warrants that it is free to enter into and perform this agreement. 6. Grant of Rights; No Equitable Relief for [Player][Director]: [Player] [Director] grants all rights of every kind in the results and proceeds of his/her employment hereunder to Producer and its licensees, successors and assigns. Any copyrighted material created by [Player] [Director] hereunder will be treated as a work for hire, and Producer will be the author thereof. [Player][Director] also grants to Producer and their licensees, successors and assigns, the right to use his/her name, likeness, voice and biography in connection with the exploitation of any project or program with which [Player][Director] has been involved or associated through his/her services hereunder. All grants of rights hereunder are irrevocable and perpetual, and [Player] [Director] waives all rights to any equitable relief in connection with any breach of termination of this agreement. 7. Credits: Provided that [Director][Actor] is not in breach of any provision hereof, Producer will provide or cause to be provided credit onscreen in the Production as customary in the entertainment industry, subject to credit rules or guidelines applicable of the [Directors Guild 2
of America][SAG-AFTRA), whether or not such rules are binding hereto.
No inadvertent failure to comply with the foregoing in this paragraph will constitute a breach hereof, and the relief for any failure to do so will be to cure it or have it cured prospectively. 8. [for A-list Actor or Director] Pay or Play: Producer will not be obligated to use [Player][Director]s services in connection with the Production; provided, however, that the full amount of the Compensation provided in paragraph 4 above will be paid to [Player] [Director] should Producer without legal justification or excuse (as provided elsewhere in this Agreement or by operation of law), elect not to utilize [Player][Director]s services hereunder. 9. Unique Services: The parties hereto mutually acknowledge that [Player][Director]s services hereunder are extraordinary, unique and irreplaceable, and that there is no adequate remedy at law for breach of this Agreement by [Player][Director]. Accordingly, the parties agree that in the event of breach by [Player][Director], Producer will be entitled to equitable relief by way of injunction or otherwise to prevent default by [Player][Director]. 10. Termination: If (a), by reason of mental or physical disability, [Actor][Director] is incapacitated from providing services hereunder or otherwise complying with any provision hereof for a period in excess of 2 days, or (b) [Actor][Director] is in breach of any provision hereof, without limiting its rights or remedies, Producer will have the right to terminate the Term upon written notice to [Actor][Director]. 11. Force Majeure: If, by reason of fire, earthquake, labor dispute or strike, act of God, Devil or public enemy, any municipal ordinance, any state or federal law, governmental order or regulation or any other cause beyond Producers control production of the Production is prevented or hampered, Producer may postpone commencement of production of the Production, and the Term will be suspended as necessary until production resumes. 12. Miscellaneous: [Player][Director] may not assign her or his services hereunder to any other party. This Agreement will be subject to the laws of the State of California applicable to contracts signed and to be performed solely within such state. It sets forth the full and complete agreement of the parties relating to the employment described herein. It may not be modified except by a writing signed by the party against which the change is asserted. [PRODUCER] 3
Article 311 of The Indian Constitution Provides Protection To Government Servants by Laying Down Certain Safeguards Against Arbitrary or Punitive Actions That May Be Taken Against Them