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.
Louisiana Contract between Television Advertising Production Company and Actor to do Infomercial In Louisiana, when a Television Advertising Production Company hires an Actor to participate in an Infomercial, a legally binding contract is established to protect the rights and obligations of both parties involved. This contract serves as a comprehensive agreement detailing the terms, conditions, and expectations for both the production company and the actor. Different types of Louisiana Contracts between Television Advertising Production Company and Actor to do Infomercial may include: 1. General Terms and Conditions Agreement: This type of contract outlines the overall terms, requirements, and responsibilities expected from both parties involved in the production of an infomercial. It covers essential aspects such as compensation, work schedule, duration of the project, rights to use the actor's image and performance, and the process for resolving disputes. 2. Talent Release Agreement: This contract focuses on the actor's consent to allow the production company to use their name, likeness, and performance in the infomercial. It outlines the actor's release of any claims, liabilities, or royalties related to their appearance in the commercial. 3. Non-Disclosure Agreement (NDA): In cases where the infomercial may include confidential information or trade secrets, an NDA may be signed. This contract ensures that the actor maintains the confidentiality of any proprietary information they may come across during the production. 4. Compensation Agreement: This type of contract specifically addresses the actor's remuneration for their participation in the infomercial. It indicates the amount, method, and timing of payment, along with any additional terms such as royalties, profit-sharing, or bonuses. 5. Image Usage Agreement: This contract explicitly defines how the actor's likeness and performance will be used by the production company. It specifies the platforms, duration, and territories in which the infomercial will be promoted and distributed, including TV, internet, or print media. 6. Indemnification Agreement: This type of contract establishes the extent of liability that each party assumes for any claims, damages, or losses that may arise during the production or distribution of the infomercial. It ensures that both parties are protected from any legal consequences resulting from their actions or omissions. Overall, these contracts help establish clear guidelines, protect the rights of both the production company and the actor, and ensure a mutually beneficial working relationship throughout the entire infomercial production process.Louisiana Contract between Television Advertising Production Company and Actor to do Infomercial In Louisiana, when a Television Advertising Production Company hires an Actor to participate in an Infomercial, a legally binding contract is established to protect the rights and obligations of both parties involved. This contract serves as a comprehensive agreement detailing the terms, conditions, and expectations for both the production company and the actor. Different types of Louisiana Contracts between Television Advertising Production Company and Actor to do Infomercial may include: 1. General Terms and Conditions Agreement: This type of contract outlines the overall terms, requirements, and responsibilities expected from both parties involved in the production of an infomercial. It covers essential aspects such as compensation, work schedule, duration of the project, rights to use the actor's image and performance, and the process for resolving disputes. 2. Talent Release Agreement: This contract focuses on the actor's consent to allow the production company to use their name, likeness, and performance in the infomercial. It outlines the actor's release of any claims, liabilities, or royalties related to their appearance in the commercial. 3. Non-Disclosure Agreement (NDA): In cases where the infomercial may include confidential information or trade secrets, an NDA may be signed. This contract ensures that the actor maintains the confidentiality of any proprietary information they may come across during the production. 4. Compensation Agreement: This type of contract specifically addresses the actor's remuneration for their participation in the infomercial. It indicates the amount, method, and timing of payment, along with any additional terms such as royalties, profit-sharing, or bonuses. 5. Image Usage Agreement: This contract explicitly defines how the actor's likeness and performance will be used by the production company. It specifies the platforms, duration, and territories in which the infomercial will be promoted and distributed, including TV, internet, or print media. 6. Indemnification Agreement: This type of contract establishes the extent of liability that each party assumes for any claims, damages, or losses that may arise during the production or distribution of the infomercial. It ensures that both parties are protected from any legal consequences resulting from their actions or omissions. Overall, these contracts help establish clear guidelines, protect the rights of both the production company and the actor, and ensure a mutually beneficial working relationship throughout the entire infomercial production process.
