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.
Title: Understanding Texas Contracts for Infomercial Actors in Television Advertising Production Introduction: Entering into a contract is a crucial step for actors and television advertising production companies in Texas when collaborating on infomercial projects. These legally binding agreements outline the rights, responsibilities, and terms to ensure a smooth production process. In Texas, several types of contracts are used to protect the interests of both parties involved. This article will provide a detailed description of the main types of contracts specific to Texas for television advertising production companies and actors collaborating on infomercials. 1. Texas Actor Agreement for Infomercial Production: The Texas Actor Agreement for Infomercial Production is a widely used contract that outlines the terms and conditions between the actor and the television advertising production company. It covers specific details such as the scope of work, compensation, exclusivity, and any non-disclosure or non-compete clauses. This comprehensive agreement ensures all parties' rights and obligations are clearly established. Keywords: Texas Actor Agreement, Infomercial Production, compensation, exclusivity, non-disclosure, non-compete. 2. Texas SAG-AFTRA Contract: If the actor is a member of the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTER), both of which are now merged into SAG-AFTRA, a Texas SAG-AFTRA Contract may be utilized. This contract adheres to the specific rules and requirements set forth by these labor unions while covering aspects similar to the Texas Actor Agreement. Keywords: Texas SAG-AFTRA Contract, Screen Actors Guild, American Federation of Television and Radio Artists, labor union. 3. Texas Usage Agreement: A Texas Usage Agreement is commonly used when the television advertising production company intends to use the actor's likeness or performance beyond the initial infomercial, such as for future advertisements or promotional materials. This contract specifies the extended or additional compensation, terms, and rights for the usage of the actor's image or materials. Keywords: Texas Usage Agreement, likeness, performance, extended, additional compensation, rights. 4. Texas Release and Waiver Agreement: In situations where an actor is required to participate in potentially hazardous activities or stunts during the infomercial production, a Texas Release and Waiver Agreement may be necessary. This agreement releases the television advertising production company from liability for any injuries or damages sustained during the shoot, provided all safety measures are in place and adhered to. Keywords: Texas Release and Waiver Agreement, hazardous activities, stunts, liability, safety measures. Conclusion: When it comes to infomercial collaborations between television advertising production companies and actors in Texas, various types of contracts ensure a clear understanding of expectations and protect the rights and interests of all parties involved. The Texas Actor Agreement for Infomercial Production serves as a foundation, while the Texas SAG-AFTRA Contract, Texas Usage Agreement, and Texas Release and Waiver Agreement address specific scenarios and conditions. It is imperative for both actors and production companies to consult legal professionals experienced in Texas entertainment law to draft and review these contracts to ensure a successful and compliant collaboration.Title: Understanding Texas Contracts for Infomercial Actors in Television Advertising Production Introduction: Entering into a contract is a crucial step for actors and television advertising production companies in Texas when collaborating on infomercial projects. These legally binding agreements outline the rights, responsibilities, and terms to ensure a smooth production process. In Texas, several types of contracts are used to protect the interests of both parties involved. This article will provide a detailed description of the main types of contracts specific to Texas for television advertising production companies and actors collaborating on infomercials. 1. Texas Actor Agreement for Infomercial Production: The Texas Actor Agreement for Infomercial Production is a widely used contract that outlines the terms and conditions between the actor and the television advertising production company. It covers specific details such as the scope of work, compensation, exclusivity, and any non-disclosure or non-compete clauses. This comprehensive agreement ensures all parties' rights and obligations are clearly established. Keywords: Texas Actor Agreement, Infomercial Production, compensation, exclusivity, non-disclosure, non-compete. 2. Texas SAG-AFTRA Contract: If the actor is a member of the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTER), both of which are now merged into SAG-AFTRA, a Texas SAG-AFTRA Contract may be utilized. This contract adheres to the specific rules and requirements set forth by these labor unions while covering aspects similar to the Texas Actor Agreement. Keywords: Texas SAG-AFTRA Contract, Screen Actors Guild, American Federation of Television and Radio Artists, labor union. 3. Texas Usage Agreement: A Texas Usage Agreement is commonly used when the television advertising production company intends to use the actor's likeness or performance beyond the initial infomercial, such as for future advertisements or promotional materials. This contract specifies the extended or additional compensation, terms, and rights for the usage of the actor's image or materials. Keywords: Texas Usage Agreement, likeness, performance, extended, additional compensation, rights. 4. Texas Release and Waiver Agreement: In situations where an actor is required to participate in potentially hazardous activities or stunts during the infomercial production, a Texas Release and Waiver Agreement may be necessary. This agreement releases the television advertising production company from liability for any injuries or damages sustained during the shoot, provided all safety measures are in place and adhered to. Keywords: Texas Release and Waiver Agreement, hazardous activities, stunts, liability, safety measures. Conclusion: When it comes to infomercial collaborations between television advertising production companies and actors in Texas, various types of contracts ensure a clear understanding of expectations and protect the rights and interests of all parties involved. The Texas Actor Agreement for Infomercial Production serves as a foundation, while the Texas SAG-AFTRA Contract, Texas Usage Agreement, and Texas Release and Waiver Agreement address specific scenarios and conditions. It is imperative for both actors and production companies to consult legal professionals experienced in Texas entertainment law to draft and review these contracts to ensure a successful and compliant collaboration.
