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Casting Director Contractor Agreement - Wrapbook

It is a casting directors agreement
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© © All Rights Reserved
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0% found this document useful (0 votes)
92 views6 pages

Casting Director Contractor Agreement - Wrapbook

It is a casting directors agreement
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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LEGAL DISCLAIMER

(Please review carefully and delete before use)

This Wrapbook Document is provided for your reference only and


has been developed for companies incorporated in California.

You acknowledge and agree that the making available of this


document to you by TakeOne Network Corp DBA Wrapbook
and/or any attorneys that may have contributed to the creation of
this document (the “Released Parties”), shall not create any
attorney-client or other confidential or special relationship
between you and the Released Parties and does not constitute
the provision of legal advice or other professional advice by the
Released Parties. You should seek advice from an attorney
licensed in the relevant jurisdiction(s), as well as a tax
professional, before relying on this document. This document,
may be considered Attorney Advertising under the ethical rules
of certain jurisdictions.

Additionally, the information provided in this document does not


constitute tax advice. Any discussion of tax matters is not
intended or written to be used, and cannot be used, for the
purpose of avoiding penalties under the Internal Revenue Code
(or equivalent in the relevant jurisdiction) or promoting,
marketing or recommending to another party any transaction or
matter.

You further agree and acknowledge that this document has not
been prepared with your specific circumstances in mind, may not
be suitable for use in your business, and do not constitute tax or
legal advice. Relying on this document, you assume all risk and
liability that may result.

Review all sections carefully for accuracy before using them.


There may be [BRACKETED TEXT] or HIGHLIGHTED TEXT
requiring your attention.

THE RELEASED PARTIES PROVIDE THESE TERMS ON AN “AS IS”


BASIS, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS,

Casting Director Agreement


REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS,
IMPLIED, OR STATUTORY, AND INCLUDING ANY WARRANTIES,
TERMS, REPRESENTATIONS AND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

Casting Director Agreement


CASTING DIRECTOR AGREEMENT
(Independent Contractor)

This Agreement (“Agreement”) is made as of this the _________________, by and between


_________________ (“Production Company”) whose offices are located at _________________
and _________________ (“Contractor”) whose offices are located at _________________.

1. SERVICES & TERM: The Production Company shall employ Contractor as Casting
Director for the motion picture tentatively entitled “_________________” (hereinafter referred to
as “Picture”). Contractor’s services shall include casting all speaking roles (approximately ____
roles) and shall commence within two (2) weeks either side of the first above stated date and shall
continue for a maximum of _________________ (_________________) consecutive weeks.
Contractor’s services will be non-exclusive to the Production Company (provided that any
services he/she may perform for third parties shall not interfere in a material manner with the
services required hereunder) until completion of all required services in connection with casting
and all customary follow-up services, including without limitation documentation of the deals
made as approved by the Production Company. If the services of Contractor are required beyond
_________________ (_________________) weeks, Contractor be paid additional compensation
at the rate of $_________________ per week.

Contractor is authorized to utilize the services of assistants in providing casting services for
the Picture. The assistants shall be employed during the same time and for the same length of
time as Contractor.

2. STATUS OF PARTIES: It is expressly acknowledged by the parties hereto that


Contractor is an “independent contractor” and nothing in this Agreement is intended or shall be
construed to create with Production Company an employer/employee relationship, a joint venture
relationship, or a lease or landlord/tenant relationship, or to allow Production Company to
exercise control or direction over the manner or method by which Contractor performs his/her/its
services which are the subject matter of this Agreement; provided always that the services to be
provided hereunder by Contractor shall be provided in a manner consistent with professional
standards governing such services and the provisions of this Agreement. Contractor understands
and agrees that Production Company will not withhold on behalf of Contractor pursuant to this
Agreement any sums for income tax, unemployment insurance, social security, or any other
withholding pursuant to any law or requirement of any governmental body relating to Contractor
or make available to Contractor any of the benefits afforded to employees of Production
Company and that all such payments, withholding, and benefits, if any, are the sole responsibility
of Contractor. In the event the Internal Revenue Service or any other governmental agency should
question or challenge the independent contractor status of Contractor, Production Company shall
have the right to participate in any discussion or negotiation occurring with such agency or
agencies, irrespective of who or by whom such discussion or negotiation is initiated.

3. COMPENSATION: For services provided in connection with the Picture contingent on


Contractor providing all the contracted services and not being in default, Contractor shall receive
the total sum of $_________________, payable as follows:

(a) $_________________, on _________________;

(b) $_________________, on _________________; and

Casting Director Agreement


(c) $_________________, on _________________.

4. PAYMENTS: All payments made by the Production Company to Contractor shall be


made to Contractor at the above stated address or at such other address of which Contractor shall
advise the Production Company in writing. The compensation set forth in paragraph includes any
and all compensation for the services of Contractor’s assistants.

5. OWNERSHIP: Production Company is not obligated to actually utilize Contractor’s


services or the results and proceeds thereof. However, the Production Company shall own
exclusively and perpetually throughout the universe all rights in and to the results and proceeds of
such services as such services relate to the Picture and the exclusive perpetual right to use all or
any part thereof as the Production Company may desire throughout the universe in connection
with the Picture or otherwise. This includes but is not limited to all rights under copyright.

6. CREDITS: On the condition that Contractor renders all services required of his/her/it
hereunder, Contractor shall be entitled to screen credit on a single card in the main titles (if other
production credits appear in the main titles) in the position immediately following the final credit
given to acting talent and preceding any other credit that may be given for casting.

7. DOCUMENTATION: Contractor will not be responsible for drafting any actor contracts,
but will provide deal memos.

8. CONTRACT CONSULTATION: Any and all deals that fall within any of the following
four (4) categories must have prior approval by the Production Company before the deal may be
finalized: Deals in which an actor receives (1) over scale or more; (2) main title credit; (3)
inclusion in paid ads; (4) any bonus, deferred or contingent compensation.

9. OFFICE: The Production Company shall provide office space for Contractor which is
suitable for the purpose of rendering casting services for the Picture. Production Company shall
reimburse Contractor his/her/its reasonable out-of-pocket expenses incurred by Contractor not to
exceed a total of $300.00. There shall be no reimbursement for any travel expenses.

10. SUSPENSION/PREMATURE TERMINATION: If for any reason Contractor is


unable to perform or comply with any of the material terms or conditions hereof (“Contractor’s
Incapacity”).

(a) Suspension: The Production Company shall have the right, upon notice to Contractor,
to suspend the rendition of services by Contractor and the running of time hereunder,
which suspension shall begin as of the commencement date set forth in such notice and
shall continue so long as Contractor’s Incapacity shall continue and for such additional
time thereafter as the Production Company requires to prepare for the recommencement
of Contractor’s services.

(b) Termination: If Contractor’s Incapacity continues for a period in excess of five (5)
days (aggregate or otherwise) during the performance of Contractor’s services hereunder,
then the Production Company shall have the right to terminate this Agreement upon
written notice thereof to Contractor, which termination shall be effective as of the
effective date set forth in such notice.

Casting Director Agreement


(c) In the event of any suspension or termination under this Clause 10 or Clause 11,
Contractor will be compensated on a pro-rata basis for the amount if time worked.

11. FORCE MAJEURE:

(a) Suspension: If, by reason of fire, earthquake, labor dispute or strike, act of God or
public enemy, any municipal ordinance, any state or federal law, governmental order
or regulation, or other cause beyond Production Company’s control which would excuse
Production Company’s performance as a matter of law, Production Company is
prevented from or hampered in the pre-production or production of the Picture, or if, by
reason of the closing of substantially all theatres in the United States, Production
Company’s production of the Picture is postponed or suspended, or if, by reason of any
of the aforesaid contingencies or any other cause or occurrence not within Production
Company’s control, including but not limited to the death, illness or incapability of any
principal member of the cast or Director of the Picture, the preparation or production of
the Picture is interrupted or delayed and/or, if Production Company’s normal business
operations are interrupted or otherwise interfered with by virtue of any disruptive events
which are beyond Production Company’s control (“Production Company Disability”),
then Production Company may postpone the commencement of or suspend the rendition
of services by Contractor and the running of time hereunder for such time as the
Production Company Disability shall continue; and no compensation shall accrue or
become payable to Contractor hereunder during the period of such suspension. Such
suspension shall end upon the cessation of the cause thereof.

(b) Termination:

(i) Production Company Termination Right: If a Production Company Disability


continues for a period in excess of four (4) weeks, Production Company shall
have the right to terminate this Agreement upon written notice to Contractor.

(ii) Contractor’s Termination Right: If a Production Company Disability results


in compensation being suspended hereunder for a period in excess of four (4)
weeks, Contractor shall have the right to terminate this Agreement upon written
notice to Production Company.

12. ARBITRATION AND JURISDICTION: This Agreement shall be interpreted in


accordance with the laws of the State of ________________, applicable to agreements executed
and to be wholly performed therein. Any controversy or claim arising out of or in relation to this
Agreement or the validity, construction or performance of this Agreement, or the breach thereof,
shall be resolved by arbitration in accordance with the rules and procedures of the Independent
Film & Television Alliance (IFTA), said rules may be amended from time to time with rights of
discovery if requested by the arbitrator. Such rules and procedures are incorporated and made a
part of this Agreement by reference. If IFTA shall refuse to accept jurisdiction of such dispute,
then the parties agree to arbitrate such matter before and in accordance with the rules of the
American Arbitration Association under its jurisdiction in ___________________ before a single
arbitrator familiar with entertainment law. The parties shall have the right to engage in pre-
hearing discovery in connection with such arbitration proceedings. The parties agree hereto that
they will abide by and perform any award rendered in any arbitration conducted pursuant hereto,
that any court having jurisdiction thereof may issue a judgment based upon such award and that
the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover
its reasonable attorney’s fees and expenses. The arbitration will be held in

Casting Director Agreement


_____________________ and any award shall be final, binding and non-appealable. The Parties
agree to accept service of process in accordance with the IFTA Rules.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year
first above written.

________________________
(“Production Company”)

(“Contractor”)

Casting Director Agreement

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