Checklist of matters to be considered in drafting a contract for the employment of an actor in the motion picture industry:
- 1. Names of parties.
- 2. Addresses of parties.
- 3. Statement of hiring.
- 4. Duties of actor.
- 5. Exclusive nature of actor's services.
- 6. Performances other than in motion pictures required of actor (for example, radio or television appearances).
- 7. Producer's right to loan actor's services.
- 8. Place or places of performance.
- 9. Duration of contract.
- 10. Suspension of contract or employment.
- Â Â Â Â Â A. During actor's incapacity.
- Â Â Â Â Â B. During interruption of employer's business.
- Â Â Â Â Â C. While actor in default.
- 11. Termination of contract.
- Â Â Â Â Â A. Grounds (for example, actor's incapacity or inability to perform, or suspension of production).
- Â Â Â Â Â B. Procedure.
- 12. Compensation of actor
- Â Â Â Â Â A. Amount.
- Â Â Â Â Â B. Additional compensation for extra services, and the like.
- Â Â Â Â Â C. Times payable.
- Â Â Â Â Â D. Right to suspend or terminate compensation.
- Â Â Â Â Â E. Right to extend term of contract.
- Â Â Â Â Â F. Reimbursement of expenses for, or furnishing of, transportation for actor.
- Â Â Â Â Â G. Board and lodging while on location.
- 13. Ownership of proceeds of actor's work.
- 14. Right to use actor's name, likeness, recordings, photographs, and the like, for
advertising purposes.
- 15. Credits to be given to actor
- 16. Providing costumes and wardrobe for actor.
- 17. Right to dub actor's voice and to use double or substitute actor.
- 18. Conduct of actor.
- 19. Liability of actor for damage caused by unauthorized absences.
- 20. Life, health, or other insurance for actor.
- 21. Effect of interruption of production or of closing of theaters from which producer derives revenue
- 22. Guarantee of employment.
- 23. Assignment of contract or of rights under contract.
- 24. Layoffs.
- 25. Breach, including:
- Â Â Â Â Â A. Effect of breach;
- Â Â Â Â Â B. Rights and remedies of parties; and
- Â Â Â Â Â C. Effect of waiver of breach.
- 26. Incorporation of union agreement, rules, or regulations into contract.
- 27. Manner of giving notice.
- 28. Indication of jurisdiction whose law governs contract
- 29. Effect of illegality of provisions in contract.
- 30. Signatures of parties.
The South Carolina Agreement Motion Picture Actor to Perform as Directed by Producer outlines the contract terms and conditions between an actor and a producer in the state of South Carolina. This legal agreement ensures a smooth working relationship and defines the responsibilities and expectations of both parties involved in the production of a motion picture. Here is a detailed description of the essential elements covered in this agreement: 1. Introduction: The agreement begins with an introduction that identifies the parties involved — the actor (or their representative) and the producer. The legal names, addresses, and contact details of both parties are stated. 2. Project Description: This section specifies the motion picture project, including the title, genre, synopsis, and any specific requirements or limitations associated with the script or role. It may also mention the anticipated shooting locations within South Carolina, if applicable. 3. Performer's Role: The agreement specifically defines the scope of the actor's role, including their character's name, description, and key attributes. It may also outline any specific skills or attributes required for the role. 4. Term and Compensation: The agreement contains details about the duration of the actor's engagement, covering the start and end dates of their participation in the project. It also discusses the compensation structure, which may include daily or weekly rates, bonuses, residuals, or backend participation based on the film's success. 5. Services and Obligations: This section outlines the services rendered by the actor, such as rehearsals, costume fittings, hair and makeup sessions, and actual filming. It also mentions the obligations of the actor to meet the producer's instructions, rehearse as directed, and maintain professionalism on and off the set. 6. Copyright and Intellectual Property: This clause clarifies that all rights, including copyrights and intellectual property rights, related to the motion picture belong solely to the producer. The actor cannot reproduce or publicly display any copyrighted material from the film without explicit permission. 7. Confidentiality and Non-Disclosure: Confidentiality provisions protect the producer's trade secrets, script details, and any other sensitive information related to the production. The actor agrees not to disclose or discuss such information with third parties without written consent. 8. Termination and Dispute Resolution: This section specifies the conditions under which either party can terminate the agreement, such as breach of contract, misconduct, or force majeure events. It also outlines the preferred dispute resolution method, such as negotiation, mediation, or litigation in South Carolina courts. 9. Governing Law and Jurisdiction: This provision states that the agreement will be governed by and interpreted under the laws of the state of South Carolina and that any legal proceedings will take place in the relevant South Carolina court. Types of South Carolina Agreement Motion Picture Actor to Perform as Directed by Producer: 1. Principal Actor Agreement: This type of agreement applies to lead or principal actors who have significant roles in the motion picture. The compensation, time commitment, and other terms are typically more substantial for principal actors. 2. Supporting Actor Agreement: Supporting actors who have smaller or secondary roles in a motion picture may have a separate agreement that outlines their compensation, responsibilities, and duration of engagement. This agreement is usually less comprehensive than that of principal actors. 3. Background Actor Agreement: Background actors, also known as extras, have minimal or non-speaking roles in a motion picture. They may have a distinct agreement that addresses their compensation, wardrobe requirements, and working conditions separately. In summary, the South Carolina Agreement Motion Picture Actor to Perform as Directed by Producer serves as a legally binding document that protects the rights and interests of both the actor and the producer. It establishes clear guidelines for the actor's role, compensation, and obligations, ensuring a professional, collaborative environment for the successful production of a motion picture in South Carolina.
