Checklist of matters to be considered in drafting a contract for the employment of an actor in the motion picture industry:
- 1. Names of parties.
- 2. Addresses of parties.
- 3. Statement of hiring.
- 4. Duties of actor.
- 5. Exclusive nature of actor's services.
- 6. Performances other than in motion pictures required of actor (for example, radio or television appearances).
- 7. Producer's right to loan actor's services.
- 8. Place or places of performance.
- 9. Duration of contract.
- 10. Suspension of contract or employment.
- Â Â Â Â Â A. During actor's incapacity.
- Â Â Â Â Â B. During interruption of employer's business.
- Â Â Â Â Â C. While actor in default.
- 11. Termination of contract.
- Â Â Â Â Â A. Grounds (for example, actor's incapacity or inability to perform, or suspension of production).
- Â Â Â Â Â B. Procedure.
- 12. Compensation of actor
- Â Â Â Â Â A. Amount.
- Â Â Â Â Â B. Additional compensation for extra services, and the like.
- Â Â Â Â Â C. Times payable.
- Â Â Â Â Â D. Right to suspend or terminate compensation.
- Â Â Â Â Â E. Right to extend term of contract.
- Â Â Â Â Â F. Reimbursement of expenses for, or furnishing of, transportation for actor.
- Â Â Â Â Â G. Board and lodging while on location.
- 13. Ownership of proceeds of actor's work.
- 14. Right to use actor's name, likeness, recordings, photographs, and the like, for advertising purposes.
- 15. Credits to be given to actor
- 16. Providing costumes and wardrobe for actor.
- 17. Right to dub actor's voice and to use double or substitute actor.
- 18. Conduct of actor.
- 19. Liability of actor for damage caused by unauthorized absences.
- 20. Life, health, or other insurance for actor.
- 21. Effect of interruption of production or of closing of theaters from which producer derives revenue
- 22. Guarantee of employment.
- 23. Assignment of contract or of rights under contract.
- 24. Layoffs.
- 25. Breach, including:
- Â Â Â Â Â A. Effect of breach;
- Â Â Â Â Â B. Rights and remedies of parties; and
- Â Â Â Â Â C. Effect of waiver of breach.
- 26. Incorporation of union agreement, rules, or regulations into contract.
- 27. Manner of giving notice.
- 28. Indication of jurisdiction whose law governs contract
- 29. Effect of illegality of provisions in contract.
- 30. Signatures of parties.
The Vermont Agreement is a legal contract that outlines the terms and conditions of a motion picture actor's role and performance as directed by the producer. This agreement is crucial in ensuring a smooth collaboration between the actor and the producer, ultimately resulting in a successful film production. The Vermont Agreement lays out the actor's obligations and responsibilities in detail. It outlines specific requirements such as the scenes or sequences in which the actor will appear, the lines they will deliver, and the actions they will perform. The agreement also establishes the actor's commitment to delivering a high-quality performance in accordance with the director's vision and instructions. The agreement typically includes clauses related to compensation, royalties, and intellectual property rights. It specifies the actor's remuneration for their role, ensuring that they receive fair compensation for their talent and dedication. It also addresses any potential royalties that the actor may be entitled to, such as revenue sharing from box office collections or future broadcast and streaming rights. Intellectual property rights are also defined within the agreement, protecting the actor's image, name, and likeness from unauthorized usage or exploitation. Variations of the Vermont Agreement may exist depending on the complexity of the actor's role or the specific demands of the production. Some of these variations may include: 1. Principal Actor Agreement: This type of Vermont Agreement is typically used for lead actors in major roles. It includes more extensive provisions and may cover exclusivity and non-compete clauses to secure the actor's full commitment for the duration of the project. 2. Supporting Actor Agreement: This agreement is tailored for actors who play important supporting roles in the motion picture. Though their obligations may not be as extensive as the lead actors, this agreement still ensures that their performance is aligned with the director's vision. 3. Cameo Appearance Agreement: Some films incorporate cameo appearances by well-known actors. In such cases, a specialized Vermont Agreement may be utilized to outline the specific terms and conditions for the actor's brief appearance in the movie. In conclusion, the Vermont Agreement for motion picture actors serves as a comprehensive guide for actors and producers to establish mutual understanding and expectations. By clearly defining the actor's role, performance obligations, compensation, and rights, this agreement plays a crucial role in maintaining professionalism and protecting both parties' interests throughout the film production process.