In 2009, the Federal Trade Commission made several changes to the FTCs Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides were last updated in 1980.
Celebrity endorsers are addressed in the revised Guides. While the 1980 Guides did not explicitly state that endorsers as well as advertisers could be liable under the FTC Act for statements they make in an endorsement, the revised Guides reflect Commission case law and clearly state that both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement or for failure to disclose material connections between the advertiser and endorsers. The revised Guides also make it clear that celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media. Note Section XI of this form.
The term Infomercial refers to an information commercial (usually 15 to 30 minutes long) that is presented more like a talk show than a commercial promotion. Infomercials are aired normally at fringe times (late night to early morning), and aim at building awareness of a product or service by demonstrating its use and benefits. Typically, they include an attractive direct response offer (with toll-free numbers) designed to elicit on-the-spot orders.
Florida Contract between Television Advertising Production Company and Actor to do Infomercial Keywords: Florida, contract, television advertising, production company, actor, infomercial Introduction: A Florida contract between a television advertising production company and an actor to produce an infomercial is a legally binding agreement that outlines the rights, obligations, and terms of the working relationship between both parties. This document ensures a smooth collaboration and protects the interests of both the production company and the actor involved in creating and promoting an infomercial in Florida. Types of Florida Contracts between Television Advertising Production Company and Actor: 1. General Agreement Contract: This type of contract outlines the overall terms and conditions of the partnership between the television advertising production company and the actor. It covers information such as payment details, deadlines, project scope, script ownership, and release schedules. 2. Talent Release Contract: A talent release contract is used when actors or individuals appearing in an infomercial must grant their permission for their likeness, name, image, or voice to be used in promotional materials related to the infomercial. This contract protects both parties by ensuring that all necessary rights and permissions are obtained. 3. Usage Rights Contract: This contract specifies the extent to which the actor's performance, appearance, and likeness can be used in the infomercial and associated advertising campaigns. It includes details about the duration of usage, territories of distribution, medium (television, online, etc.), and any potential exclusivity clauses. 4. Non-Disclosure Agreement (NDA): An NDA is often signed between both parties to protect confidential information exchanged during the creation and production of the infomercial. It prevents the actor from disclosing sensitive details about the production company's trade secrets or proprietary information, ensuring privacy and safeguarding the company's competitive advantage. Key Components of a Florida Contract for an Infomercial: 1. Parties Involved: The contract must identify the television advertising production company and the actor, including their legal names, addresses, and contact information. 2. Project Description: A detailed description of the infomercial, including its purpose, target audience, and ultimate goal, should be included to provide clarity and avoid misunderstandings. 3. Compensation: The contract should outline the agreed-upon payment terms and methods, including the actor's fee, any additional compensation, travel expenses, and reimbursement clauses. 4. Work Schedule and Deadlines: This section establishes the shooting dates, rehearsal periods, and overall timeline for the project. It should also include any provisions for changes due to unforeseen circumstances or force majeure events. 5. Intellectual Property Rights: Details regarding intellectual property ownership, including copyrights and trademarks, should be clearly addressed to avoid conflicts over the use, distribution, or modification of the infomercial. 6. Termination Clause: In case of any breach or dissatisfaction, a termination clause must be included to specify the conditions and procedures for ending the contract. Conclusion: A Florida contract between a television advertising production company and an actor for an infomercial is a crucial document that ensures a successful working relationship. By addressing key aspects such as compensation, rights, and obligations, both parties can collaborate confidently and legally, resulting in a compelling and effective infomercial production.Florida Contract between Television Advertising Production Company and Actor to do Infomercial Keywords: Florida, contract, television advertising, production company, actor, infomercial Introduction: A Florida contract between a television advertising production company and an actor to produce an infomercial is a legally binding agreement that outlines the rights, obligations, and terms of the working relationship between both parties. This document ensures a smooth collaboration and protects the interests of both the production company and the actor involved in creating and promoting an infomercial in Florida. Types of Florida Contracts between Television Advertising Production Company and Actor: 1. General Agreement Contract: This type of contract outlines the overall terms and conditions of the partnership between the television advertising production company and the actor. It covers information such as payment details, deadlines, project scope, script ownership, and release schedules. 2. Talent Release Contract: A talent release contract is used when actors or individuals appearing in an infomercial must grant their permission for their likeness, name, image, or voice to be used in promotional materials related to the infomercial. This contract protects both parties by ensuring that all necessary rights and permissions are obtained. 3. Usage Rights Contract: This contract specifies the extent to which the actor's performance, appearance, and likeness can be used in the infomercial and associated advertising campaigns. It includes details about the duration of usage, territories of distribution, medium (television, online, etc.), and any potential exclusivity clauses. 4. Non-Disclosure Agreement (NDA): An NDA is often signed between both parties to protect confidential information exchanged during the creation and production of the infomercial. It prevents the actor from disclosing sensitive details about the production company's trade secrets or proprietary information, ensuring privacy and safeguarding the company's competitive advantage. Key Components of a Florida Contract for an Infomercial: 1. Parties Involved: The contract must identify the television advertising production company and the actor, including their legal names, addresses, and contact information. 2. Project Description: A detailed description of the infomercial, including its purpose, target audience, and ultimate goal, should be included to provide clarity and avoid misunderstandings. 3. Compensation: The contract should outline the agreed-upon payment terms and methods, including the actor's fee, any additional compensation, travel expenses, and reimbursement clauses. 4. Work Schedule and Deadlines: This section establishes the shooting dates, rehearsal periods, and overall timeline for the project. It should also include any provisions for changes due to unforeseen circumstances or force majeure events. 5. Intellectual Property Rights: Details regarding intellectual property ownership, including copyrights and trademarks, should be clearly addressed to avoid conflicts over the use, distribution, or modification of the infomercial. 6. Termination Clause: In case of any breach or dissatisfaction, a termination clause must be included to specify the conditions and procedures for ending the contract. Conclusion: A Florida contract between a television advertising production company and an actor for an infomercial is a crucial document that ensures a successful working relationship. By addressing key aspects such as compensation, rights, and obligations, both parties can collaborate confidently and legally, resulting in a compelling and effective infomercial production.
