Actor Agreement
Actor Agreement
THIS AGREEMENT is made and entered into at Ernakulam on ______ day of _______ 2021
BETWEEN
AND
Production House and Actor shall hereinafter jointly be referred to as the "Parties" and severally
as the "Party"
WHEREAS the Production House is in the business of entertainment and production of feature
films for worldwide exploitation in all formats and the Actor is involved in providing his acting
services for feature films;
AND WHEREAS the Production House intends to produce a motion picture (hereinafter referred
as “Picture”) based upon that certain screenplay tentatively entitled
______________(hereinafter referred as “Screenplay”) which Picture is intended for initial
theatrical exhibition. The term “Picture” as herein used, shall include, but shall not be limited to,
a motion picture produced, recorded, exhibited or transmitted by any means now or hereafter
known.
AND WHEREAS the Production House wishes to utilize the services of Actor in connection with
the Picture upon the terms and conditions herein contained.
The Production House hereby engages the Actor to render services, as such, in the role
of ___________, in the Screenplay. As full compensation for the services of Actor to be
rendered pursuant hereto, and for Actor’s undertakings herein specified, the Production
House shall pay the Actor a sum of ___________ for his services in the Picture,
provided the Actor faithfully performs his duties and obligations hereunder. Actor accepts
such engagement upon the terms herein specified in the Agreement and undertakes to
perform all the duties and obligations assumed and entered into by him hereunder.
The Actor further undertakes to invest the said amount of ____________ in the
production of Picture in consideration for a share in the profits derived from Picture. The
terms and conditions of the payment and the profit sharing ratio shall be determined by
the Parties at a later stage.
2. Services:
The Production House shall cause Actor to render all services customarily rendered by
actors in feature-length motion pictures at such times and places as designated by the
Production House. Without limiting the foregoing, Actor’s services shall be in accordance
with the following:
(a) Start Date & Term.-Principal Photography of the Picture shall commence on or
about ______________. The Start Date shall be automatically extended without notice
for a period equal to the duration of any default, disability and/or force majeure , or due
to any location requirements, director and/or cast unavailability, weather conditions,
and/or other similar contingencies. The term of engagement of Actor’s services
hereunder shall begin on or about the Start Date and continue until ____________, or
until the completion of the post production or the promotion of the picture as per the
requirement of the Production House.
(b) Retakes and Other Services-During and after the Term, Actor shall render such
services as Production House may desire in producing retakes, added scenes,
transparencies, close-ups, sound track (including dubbing and looping), process shots,
trick shots and trailers for changes in and foreign versions of the Picture. Compensation
set out in paragraph 1 above includes consideration for such services.
3. Grant of Rights:
Actor grants, and Production House shall have, the perpetual and universal right to
photograph and re-photograph Actor (still and moving) and to record and re-record,
double and dub Actor’s voice and performances, by any present or future methods or
means and to use and authorize others to use Actor’s name, voice and likeness for and
in connection with the Picture, the soundtrack (including a soundtrack album), trailers,
and documentary and/or “making of” pictures, and all advertising (including Actor’s name
and likeness on sleeves, jackets and other packaging for soundtrack albums, video
cassettes, videodiscs, written publications and the like), merchandising, commercial tie
ups, publicity, and other means of exploitation of any and all rights pertaining to the
Picture and any element thereof. Production House shall own all results and proceeds of
Actor’s services, including the copyrights thereof.
The results and proceeds of Actor’s services, shall automatically become the property of
Production House, which shall be deemed the author thereof in terms of the Copyright
Act, 1957 (“the Act”).
Actor hereby expressly waives and relinquishes any moral rights or “droit morale,” or
“author’s special rights” under section 57 of the Act, in and to any material created by or
contributed to the Picture by Actor including all of Actor’s performance.
4. Credits:
Actor shall be accorded credit in accordance with the credit details supplied by Actor,
only if Actor has performed substantially all services called for hereunder and appears
recognizably in the Picture. All matters relating to Actor’s credit, such as size, style of
type, placement, colour, etc., shall be at Production House’s sole discretion. No casual
or inadvertent failure of the Production House to comply with the stipulation of this
clause shall be treated as breach of this agreement by the Production House.
5. Non-Disclosure:
The Actor shall not reveal or make public any information concerning or in connection
with the Script, screenplay, Dialogue or any other literary or creative inputs or the terms
of this Agreement or the business of Production House nor shall the Actor make any
public statement or press statement in connection with any of the foregoing without prior
consent from the Production House.
6. Decency:
The actor is bound to maintain good behaviour at all times during which they are
associated with the Production House. Any behaviour that is deemed to be detrimental
to the image of the production house, or that affects any ongoing project, may lead to the
termination of the actor, and liquidated damages to cover the loss suffered by the
production house/ brand.
Actor represents and warrants that he is free to enter into this Agreement and will not do
or permit any act which will interfere with or derogate from the full performance of Actor’s
services or Production House’s exercise of the rights herein granted.
8. Termination of Agreement
Should either Party materially breach its obligations under this Agreement (except due to
incapacity of parties or Force Majeure event), the other Party shall be entitled to
terminate this Agreement by giving 10 days notice in writing. The material breach may
inter alia consist of the following:
9. Force Majeure:
As used herein the term “force majeure” means epidemic, act of God, strike, lockout,
labour condition, unavailability of materials, transportation, power or other commodity,
delay of common carrier, civil disturbance, riot, war or armed conflict (whether or not
there has been an official declaration of war), the enactment of any law, the issuance of
any executive or judicial order or decree, breach of contract by, or disability of, the
Production House, Director, other principal cast member, breach of contract by a
financier or completion guarantor, or other similar occurrence beyond the control of
Production House, which causes an interruption of or materially hampers or materially
interferes with the production of the Picture.
10. Arbitration:
Any controversy or claim arising out of or relating to this agreement or any breach
thereof shall be settled by arbitration in accordance with the Arbitration and Conciliation
Act, 1996.
11. Jurisdiction:
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
(Actor)
R/o
Mob:___________________
AGREED TO AND ACCEPTED:
Mob:___________________
In the presence of
1.
2.