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.
A New Hampshire Contract between a Television Advertising Production Company and an Actor to do an infomercial encompasses the legal agreement between these two parties outlining their rights, obligations, and terms regarding the production and showcasing of the infomercial. This contract is essential to ensure clarity, protect the interests of both parties, and establish a mutually beneficial working relationship. Key terms and provisions commonly included in a New Hampshire Contract between a Television Advertising Production Company and an Actor for an infomercial may include: 1. Parties: Clearly identifying the production company and the actor involved, providing their legal names, addresses, and contact details. 2. Scope of Work: Clearly specifying the project details, such as the title and description of the infomercial, its anticipated length, the intended audience, and any specific requirements or creative directions. 3. Compensation: Outlining the payment terms for the actor's participation in the infomercial, including the agreed-upon rate, mode of payment, and any additional compensation provisions such as residuals or royalties. 4. Production Schedule: Establishing a timeline for the infomercial production, including pre-production, shooting dates, post-production, and a final deadline for completion. 5. Intellectual Property: Addressing the ownership and usage rights of the finished infomercial, determining whether the actor gives the production company exclusive rights or if limited usage is allowed for personal promotion. 6. Confidentiality: Including clauses to protect confidential information exchanged during the project, ensuring that both parties keep trade secrets, proprietary methods, or any non-public information confidential. 7. Representations and Warranties: Stating that both the production company and the actor guarantee that they have the necessary authority, permissions, skills, and resources to fulfill their obligations under the contract. 8. Indemnification: Requiring the actor to indemnify and hold harmless the production company from any liability arising out of the actor's actions during the production. 9. Termination: Outlining the conditions under which either party can terminate the contract, such as breach of contract, failure to perform, or other unforeseen circumstances. 10. Governing Law and Jurisdiction: Establishing that the contract will be governed by the laws of New Hampshire and any disputes will be resolved exclusively in the courts of New Hampshire. Some potential types of New Hampshire Contracts between Television Advertising Production Companies and Actors specifically for infomercials may include: 1. Standard Infomercial Contract: A comprehensive contract covering all the essential terms and provisions mentioned above for a typical infomercial project. 2. Endorsement Infomercial Contract: A contract that includes additional clauses addressing the endorsement aspects of the infomercial, such as the actor's endorsement obligations, disclaimers, and compliance with Federal Trade Commission (FTC) guidelines. 3. Product Placement Infomercial Contract: A contract tailored for infomercials that involve specific product placement, outlining the terms, compensation, and obligations for showcasing and promoting the featured products. These variations in New Hampshire Contracts between Television Advertising Production Companies and Actors to do infomercials acknowledge the specific nature and requirements of different infomercial projects. It is important for all involved parties to consult legal professionals specializing in entertainment law to customize the contract according to their unique circumstances and protect their best interests.A New Hampshire Contract between a Television Advertising Production Company and an Actor to do an infomercial encompasses the legal agreement between these two parties outlining their rights, obligations, and terms regarding the production and showcasing of the infomercial. This contract is essential to ensure clarity, protect the interests of both parties, and establish a mutually beneficial working relationship. Key terms and provisions commonly included in a New Hampshire Contract between a Television Advertising Production Company and an Actor for an infomercial may include: 1. Parties: Clearly identifying the production company and the actor involved, providing their legal names, addresses, and contact details. 2. Scope of Work: Clearly specifying the project details, such as the title and description of the infomercial, its anticipated length, the intended audience, and any specific requirements or creative directions. 3. Compensation: Outlining the payment terms for the actor's participation in the infomercial, including the agreed-upon rate, mode of payment, and any additional compensation provisions such as residuals or royalties. 4. Production Schedule: Establishing a timeline for the infomercial production, including pre-production, shooting dates, post-production, and a final deadline for completion. 5. Intellectual Property: Addressing the ownership and usage rights of the finished infomercial, determining whether the actor gives the production company exclusive rights or if limited usage is allowed for personal promotion. 6. Confidentiality: Including clauses to protect confidential information exchanged during the project, ensuring that both parties keep trade secrets, proprietary methods, or any non-public information confidential. 7. Representations and Warranties: Stating that both the production company and the actor guarantee that they have the necessary authority, permissions, skills, and resources to fulfill their obligations under the contract. 8. Indemnification: Requiring the actor to indemnify and hold harmless the production company from any liability arising out of the actor's actions during the production. 9. Termination: Outlining the conditions under which either party can terminate the contract, such as breach of contract, failure to perform, or other unforeseen circumstances. 10. Governing Law and Jurisdiction: Establishing that the contract will be governed by the laws of New Hampshire and any disputes will be resolved exclusively in the courts of New Hampshire. Some potential types of New Hampshire Contracts between Television Advertising Production Companies and Actors specifically for infomercials may include: 1. Standard Infomercial Contract: A comprehensive contract covering all the essential terms and provisions mentioned above for a typical infomercial project. 2. Endorsement Infomercial Contract: A contract that includes additional clauses addressing the endorsement aspects of the infomercial, such as the actor's endorsement obligations, disclaimers, and compliance with Federal Trade Commission (FTC) guidelines. 3. Product Placement Infomercial Contract: A contract tailored for infomercials that involve specific product placement, outlining the terms, compensation, and obligations for showcasing and promoting the featured products. These variations in New Hampshire Contracts between Television Advertising Production Companies and Actors to do infomercials acknowledge the specific nature and requirements of different infomercial projects. It is important for all involved parties to consult legal professionals specializing in entertainment law to customize the contract according to their unique circumstances and protect their best interests.
