Reality Show Talent Contract Form
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[Address of ________________] Attn: _______________________ RE: Performance Agreement Dear Sir/Madam: his shall confirm the agreement (“Agreement”) between _____________________(“Company”) and ________________. (“Actor”) for furnishing Talent services in connection with the rehearsal, appearance, and performance in reality television series, the working title of which is now Nonhle goes to Hollywood (“Program”). 1. SERVICES: Company hereby engages Actor to render talent services as such in the role as “______________________” and/or herself” in the Program. Actor accepts such engagement upon the terms herein specified. 2. TERM: Actor guarantees her services for no less than ___ episodes of the Program. The term of employment shall begin _________________and shall continue thereafter until the completion of the photography and recordation of said role. Company shall pay Actor in consideration for all of Actor’s services in connection with the Program, the Talent fee payable to Actor for Talent services, payable as follows_______________________________. Unless otherwise agreed to in writing by Company, Actor will receive no compensation in the event that the Actor does not complete the Performance. 3. EXCLUSIVITY: Actor’s services shall be rendered on an exclusive basis. Company will make every best effort to complete filming on or before November 31, 2010. Actor’s services for third parties shall not materially interfere with Actor’s services hereunder. 4. GLAM: Actor agrees to furnish all wardrobe and wearing apparel reasonably necessary for the portrayal of said role; it being agreed, however that should specialized costumes or apparel
be required, the company shall supply the same. Actor agrees to furnish all hair necessary for the portrayal of said role. A Make Up Artist shall be made available on all shoots. 5. TRAVEL: Unless otherwise specified in writing by Company, Actor agrees to furnish all transportation to and from set within the studio zone. Company agrees to provide all air, ground and lodging for Actor for all overnight travel outside of the studio zone (which is deemed 50 miles in a circle radius outside of Hollywood, Ca.). Company will furnish a $________________Per Diem for all overnight travel outside of the studio zone. 6. CLEARANCE OWNERSHIP: Actor hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character, in perpetuity, in and to Actor’s performance, appearance, likeness, name and/or voice (the “Performance”) of said role in connection with the Program. Actor hereby authorizes 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 Program, trailers, posters or other materials or brochures related to the Program; 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 Program and for any other purpose associated with the Program Actor further acknowledges that Company owns all rights to the Program. Actor acknowledges, understands, and agrees that the nature of the reality-based Program may result in the revelation of Actor’s personal information and/or information about Actor’s career/professional activities. Actor acknowledges, understands and agrees that the editing of the Program and revelation of such personal and/or professional information may be interpreted as being embarassing, unfavorable, humiliating, and/or derogatory and/or may portray him or her in
a false light. . Actor agrees to release, discharge and hold harmless Company, and/or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, divisions and joint venture partners, and each of their respective employees, officers, directors and agents from any and all claims (including, without limitation, claims for slander, libel, defamation, violation of rights of privacy, publicity, personality, and/or civil rights, depiction in false light, intentional or negligent infliction of emotional distress, copyright infringement, and/or any other tort and/or damages arising from or in any way relating to the revelation by Actor or any actor in the Program of any such information. Company agrees that above-mentioned rights and clearances are solely for distribution and broadcast within Continental Africa and new media controlled by Company or its affiliates, licensees, parent companies or subsidiaries. It is understood and acknowledged that new media includes websites based in Continental Africa which may be accessible outside of the territory. . Company maintains the right at any time to enter into negotiation for all remaining domestic and international broadcast rights at Favored Nations rate.
7. INSURANCE: With respect to the Program, Company will at Company’s sole expense provide Worker’s Liability and/or Worker’s Compensation Insurance. Actor shall obtain any additional insurance. 8. INDEMNITIES: Company agrees to indemnify, defend and save harmless Actor and any person claiming under Actor, and the officers, directors, shareholders, employees, representatives and agents thereof, from and against any liabilities, losses, claims, demands, costs (including without limitation reasonable attorneys’ fees) and expenses arising in connection with (a) any breach or alleged breach of any representation, warranty or agreement of Company under this Agreement; (b) any third party’s claim to an amount payable hereunder; (c) any act or omission by Company that results in or contributes to any damage to property or injuries to or the death of any person; or (d) any act or omission or in connection with any act or omission of Company or any of Company’s officers or employees that results in or contributes to any damage to property or injuries to or the death of any person. Actor agrees to indemnify, defend and save harmless Company and any person claiming under Company, and the officers, directors, shareholders, employees, representatives and agents thereof, from and against any liabilities, losses, claims, demands, costs (including
without limitation reasonable attorneys’ fees) and expenses arising in connection with (a) any breach or alleged breach of any representation, warranty or agreement of Actor under this Agreement; (b) any third party’s claim to an amount payable hereunder; (c) any act or omission by Actor that results in or contributes to any damage to property or injuries to or the death of any person; or (d) any act or omission or in connection with any act or omission of Actor or any of Actor’s officers or employees that results in or contributes to any damage to property or injuries to or the death of any person 12. NON-UNION PROTECTION: Actor and Company acknowledge that this Agreement is not subject to any collective bargaining agreements and that Actor is not a party to any collective bargaining agreements which might be applicable to the type of services furnished or rendered herein. 13. ARBITRATION OF DISPUTES: Should any dispute or controversy arise between the parties hereto with reference to the contract, or employment herein provided for, such dispute or controversy shall be settled and determined by conciliation and arbitration. In no event shall Actor be entitled to injunctive relief in connection with the Program. 14. AGREEMENT: This Agreement constitutes the entire agreement by and between Actor and Company and supersedes any and all prior contracts, understandings, negotiations, and agreements with respect to Company and the subject matter hereof, whether oral or written Sincerely,
By:_______________________________ Its:_______________________________ Date: ______________________________
AGREED TO AND ACCEPTED:
By:_______________________________ Its:_______________________________ Date:_____________________________