Form Crew Agreement
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SHORT FORM CREW AGREEMENT
This agreement is between [Production Co.] [Address] (“Company”) and the below named employee for such employee’s services in connection with the motion picture presently entitled “Title” (the “Film”).
Telephone #: ( ) – Social Security #: – –
1. Position. Employee is hereby hired as a(n) and will perform the services of a(n) , and such other services as may be required of Employee by Company from time to time.
2. Term. Employee will commence work on ______________ and, unless otherwise terminated or extended as set forth in Company’s Standard Employment Terms and Conditions (attached as Exhibit A), Employee’s employment will terminate on (the “Term”). Principal photography of the Film is expected to commence on or around __________________
3. Compensation. $ per six (6) day week of Employee’s employment, partial weeks paid pro rata.
4. Per Diem. $ per day during principal photography.
5. Accommodations. Company will provide Employee with reasonable living accommodations during principal photography.
6. Credit. Employee will receive substantially the following credit on all positive prints of the film, the size type and specific placement of which will be in Company’s sole discretion: .
7. Additional Terms: .
8. Standard Terms and Conditions. Employee agrees that his or her employment shall be governed by the terms set forth above as well as by all of the terms and conditions set forth on Company’s Standard Employment Terms and Conditions (Exhibit A, attached hereto and incorporated herein by reference), which together shall constitute the entire agreement between Employee and Company.
ACCEPTED AND AGREED:
COMPANY PRODUCTIONS, INC. EMPLOYEE
STANDARD EMPLOYMENT TERMS AND CONDITIONS
1. EMPLOYMENT. The services to be rendered by Employee hereunder shall include all services usually and customarily rendered by and required of persons employed in the same capacity in the motion picture industry as Employee, and such other services as may be required of Employee by Company from time to time.
2. COMPENSATION. Provided Employee is not in breach of this Agreement, Employee has provided Company with any and all documents required by any governmental agency or otherwise in connection with Employee’s employment hereunder, including, without limitation, an INS Form I-9 completed to Company’s satisfaction, Company agrees to pay to Employee, and Employee agrees to accept as full compensation for all services and all rights granted hereunder, the compensation set forth on the Short Form Crew Agreement, which shall be payable to Employee in weekly payments (the “Employee’s Compensation”). Partial weeks worked shall be paid for on a pro-rated daily basis.
3. CREDIT. No casual or inadvertent failure by Company, nor failure of any third party, to give the applicable credit shall constitute a breach of this Agreement. Company agrees to use all reasonable efforts to rectify any inadvertent omission of Employee’s credit upon receipt of notice in writing from Employee.
4. WORK FOR HIRE. Company shall own all rights in perpetuity in the Film, including all copyrights and trademarks therein, in all media, in all forms and by every method now known or hereafter created, and in all of the results and proceeds of Employee’s services hereunder (the “Work”). Employee acknowledges that the Work is a work specially ordered by Company for use as part of the Film, and, therefore, the Work shall be deemed “work made for hire” under section 101 of the Copyright Act of 1976 as amended; but in the event it is determined that the Work in whole or in part is not “work made for hire,” Employee hereby irrevocably assigns, conveys, and transfers to Company all proprietary rights, including all copyrights and trademarks throughout the world in perpetuity in and to such Work and any and all rights of, and titles and interest in and to all proprietary rights in the Work throughout the world in perpetuity. Such assignment shall also include the goodwill associated with any trademarks assigned herein.
Without in any way limiting the generality of the foregoing, the rights herein granted to Company shall include all motion picture, television, radio, dramatic, publication, merchandising, and all other rights in and to the Work and the Film, including the sole and exclusive right to photograph, perform, exhibit, not exhibit, distribute, reproduce, transmit, broadcast or otherwise communicate the same. Company shall have unlimited re-release, foreign release, theatrical exhibition, supplemental market and all other rights to the Work and the Film. Company, and Company’s licensees and assigns shall have the right to adapt, change, revise, delete from, add to, and rearrange the Work or any part thereof submitted by Employee hereunder, and to combine the same with other materials in the Film or any other related work, or otherwise, to any extent, and in this connection Employee hereby waives any so-called “moral rights.”
5. USE OF NAME, VOICE AND LIKENESS. Employee agrees that Company shall have the right, but, subject to Paragraph 3, not the obligation, to use Employee’s name, voice, and likeness in and in connection with the Film, and any other use or exploitation of the results and proceeds of Employee’s services hereunder, and in connection with the advertising, exhibition, or other exploitation of any of the foregoing.
6. NO OBLIGATION TO PRODUCE. Company shall not be required to produce, release, market, distribute or otherwise exploit the Film.
7. ASSIGNMENT. Company may assign this Agreement or license or assign all or any part of its rights hereunder and/or loan any or all of Employee’s services hereunder to any persons, firms or corporations whatsoever, and this Agreement shall inure to the benefit of and be binding upon such successors, licensees and assigns. Employee may not assign or delegate his or her duties or obligations hereunder without the prior written consent of Company.
8. REPRESENTATIONS AND WARRANTIES. Employee represents and warrants that Employee is free to enter into this Agreement, and that all Work created or submitted by Employee hereunder shall be wholly original with Employee and shall not be copied in whole or in part from any other work, except work that is in the public domain. Employee further warrants that any Work created by Employee shall not contain any libelous or other unlawful matter nor infringe or invade the statutory or common law rights of any person, firm, or corporation, including any rights of copyright, publicity or privacy. Employee agrees to indemnify and hold Company, its successors, licensees, and assigns harmless from and against any loss, liability, judgment, cost, or expense (including reasonable attorneys’ fees) of any kind and character suffered or incurred by Company by reason of any breach of this Agreement and/or of the foregoing warranties.
9. TERMINATION: Company may terminate Employee’s employment hereunder at any time upon notice to Employee for any reason whatsoever, it being understood that Employee is an “at will” employee. Upon termination of this Agreement, Company will only be obligated to pay Employee that portion of the Employee’s Compensation, if any, earned by Employee pursuant to Paragraph 2, up to the date of termination of Employee’s employment.
10. EMPLOYMENT OF OTHERS. Employee understands and agrees that Employee has no right or authority to, and that Employee will not enter into, any agreements for Company, or on Company’s behalf, whereby Company may be required to perform any obligations or to pay any moneys or other consideration including, without limitation, any agreement for the employment of any person or the purchase or rental of any article or material without Company’s prior consent.
11. WAIVER. No waiver by Company of any breach of any term or provision of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or of any other term or provision. Company’s various rights and remedies hereunder shall be construed to be cumulative, and no one of them exclusive of any other or of any right or remedies allowed by law.
12. ENTIRE AGREEMENT. This Exhibit A and the Short Form Crew Agreement 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 the parties. Employee acknowledges that no representation or promise not expressly contained in this Agreement has been made by Company or any of Company’s agents, employees or representatives.
13. CONFIDENTIALITY. Employee agrees that she will not divulge or make known to any person or entity any matters of a confidential nature pertaining to Company’s business.
14. ARBITRATION. Any controversy arising under this Agreement shall be submitted to arbitration in Chicago, Illinois before the American Arbitration Association in accordance with its rules, and judgment confirming the arbitrator’s award may be entered in any court of competent jurisdiction.
15. HEADINGS. The headings of the paragraphs and subparagraphs herein are intended for convenience only, and they shall not be of any effect in construing the contents of the respective paragraphs and subparagraphs.
16. GOVERNING LAW. This Agreement shall be interpreted according the laws of the State of Illinois, applicable to agreements made and to be performed therein.
17. SEVERABILITY. Nothing contained herein shall require the commission of any act or the payment of any compensation which is contrary to any law. If there shall exist any conflict between this Agreement and any such law, the latter shall prevail and the provision or provisions hereof affected shall be curtailed, limited or eliminated to the extent (but only to the extent) necessary to remove such conflict; and as so modified this Agreement shall continue in full force and effect.
18. INJUNCTIVE RELIEF. No casual or inadvertent failure to comply with any of the provisions of this Agreement shall be deemed to be a breach of this Agreement by Company. Employee hereby recognizes and confirms that in the event of any failure or omission by Company constituting a breach of any of Company’s obligations under this Agreement, the damages, if any, caused Employee are not irreparable or sufficient to entitle Employee to injunctive or other equitable relief. Consequently, Employee’s rights and remedies shall be limited to the right, if any, to obtain damages at law, and Employee shall not have any right in such event to rescind this Agreement or any of the rights assigned to Company hereunder or to enjoin or restrain the production, distribution or exhibition of the Film or other motion picture produced pursuant to the provisions of this Agreement.
19. FORCE MAJEURE. In the event that Company is hampered in the development or production of the Film or Company’s normal business operations become commercially impracticable because of: the passage after the date hereof of any laws or regulations; any legal or administrative proceedings of any government or governmental agency, court or administrative agency; strikes, boycotts, lockouts, or other labor disturbances; interruption of power; temporary or permanent lack or loss of supplies or production capacity for reasons outside Company’s reasonable control; failure or inability to obtain a necessary permit or license; failure of technical facilities; inability to obtain sufficient labor, technical or other personnel (including, without limitation, cast or crew members); fire; explosion; catastrophe; war or act of terrorism; weather or any other cause beyond Company’s control, then Company shall, while so affected, be relieved to the extent thus prevented from performing its obligations hereunder. If Company is prevented from performing its obligations hereunder in part or in full as a result of an occurrence set forth in this paragraph, it shall give prompt notice in writing to Employee, which notice shall set forth the nature of such occurrence, the steps being taken and intended to be taken to remove the disability, and an estimate of the date when full performance hereunder will be resumed.
During any such period of force majeure, Employee’s engagement shall be suspended for the duration of such force majeure, and for a reasonable period thereafter to permit Company to commence or recommence operations. Any such suspension shall not relieve Employee of his or her obligations to perform hereunder. Notwithstanding the foregoing, in the event that Company is precluded from substantially performing the terms of this Agreement because of a condition described in the preceding paragraph after taking all reasonable measures to remove the disability and to resume performance as described herein within six (6) weeks, then this Agreement shall be of no further force or effect.