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.
Hennepin County, Minnesota, located in the state's Twin Cities area, is known for its vibrant entertainment industry and numerous filming locations. Many television advertising production companies in Hennepin County often require actors to showcase their products or services through infomercials. To ensure a smooth collaboration between the production company and the actor, it is crucial to establish a comprehensive contract that outlines each party's rights, responsibilities, and compensation. Here, we will discuss the two common types of contracts typically used in Hennepin County between television advertising production companies and actors for infomercials: 1. Talent Agreement: This contract governs the terms and conditions between the television advertising production company and the actor. It stipulates the actor's obligations, such as attending rehearsals, learning the script, and delivering the promotional content effectively. Additionally, it outlines the compensation structure, which may include a fixed fee, royalties, residuals, or a combination of these. The contract may also specify the duration of the engagement, the shooting schedule, and any restrictions regarding exclusivity or endorsement of competing products. 2. Appearance Release Form: This document grants the production company rights to use the actor's likeness, image, voice, and performance in the infomercial. By signing the appearance release form, the actor agrees to allow the production company to exploit their portrayal for promotional purposes, including broadcasting the infomercial on television, online platforms, and other media channels. The form also clarifies whether the actor will receive additional compensation or residuals for future use or international distribution of the infomercial. In both types of contracts, it is crucial to include clauses addressing confidentiality, intellectual property rights, liability limitations, dispute resolution, and termination terms. These clauses protect both the television advertising production company and the actor from potential legal conflicts while ensuring a mutually beneficial partnership. Therefore, whether it's a Talent Agreement or an Appearance Release Form, having a well-drafted contract is paramount when engaging in an infomercial collaboration between a television advertising production company and an actor in Hennepin County, Minnesota.Hennepin County, Minnesota, located in the state's Twin Cities area, is known for its vibrant entertainment industry and numerous filming locations. Many television advertising production companies in Hennepin County often require actors to showcase their products or services through infomercials. To ensure a smooth collaboration between the production company and the actor, it is crucial to establish a comprehensive contract that outlines each party's rights, responsibilities, and compensation. Here, we will discuss the two common types of contracts typically used in Hennepin County between television advertising production companies and actors for infomercials: 1. Talent Agreement: This contract governs the terms and conditions between the television advertising production company and the actor. It stipulates the actor's obligations, such as attending rehearsals, learning the script, and delivering the promotional content effectively. Additionally, it outlines the compensation structure, which may include a fixed fee, royalties, residuals, or a combination of these. The contract may also specify the duration of the engagement, the shooting schedule, and any restrictions regarding exclusivity or endorsement of competing products. 2. Appearance Release Form: This document grants the production company rights to use the actor's likeness, image, voice, and performance in the infomercial. By signing the appearance release form, the actor agrees to allow the production company to exploit their portrayal for promotional purposes, including broadcasting the infomercial on television, online platforms, and other media channels. The form also clarifies whether the actor will receive additional compensation or residuals for future use or international distribution of the infomercial. In both types of contracts, it is crucial to include clauses addressing confidentiality, intellectual property rights, liability limitations, dispute resolution, and termination terms. These clauses protect both the television advertising production company and the actor from potential legal conflicts while ensuring a mutually beneficial partnership. Therefore, whether it's a Talent Agreement or an Appearance Release Form, having a well-drafted contract is paramount when engaging in an infomercial collaboration between a television advertising production company and an actor in Hennepin County, Minnesota.
