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.
A Wake North Carolina Agreement is a legal contract that governs the relationship between a Motion Picture Actor and a Producer in the state of North Carolina. It establishes the terms and conditions for the actor's performance and outlines their responsibilities as directed by the producer. This agreement ensures a smooth production process and protects the rights and interests of both parties involved. Some key elements typically included in a Wake North Carolina Agreement are: 1. Contractual Obligations: The agreement specifies the actor's duty to perform in the motion picture as directed by the producer. It outlines the scope of work, including the number of days, hours, or scenes the actor is expected to perform. 2. Compensation: The agreement stipulates the actor's payment for their services. This includes details on the actor's base salary, additional compensation for working overtime, travel expenses, accommodation, and any other related costs that the producer is responsible for. 3. Conflicts and Prior Commitments: The agreement addresses any potential conflicts of interest the actor may have, such as other productions or endorsements. It ensures that the actor's availability aligns with the shooting schedule of the motion picture, preventing any scheduling conflicts. 4. Confidentiality: The agreement may contain confidentiality clauses, which prohibit the actor from disclosing sensitive or proprietary information about the production, script, or any other confidential aspects related to the project. 5. Intellectual Property Rights: The agreement clarifies the ownership and rights to the motion picture's intellectual property, including the actor's performance. It specifies whether the actor has any rights to use their performance in their portfolio or for promotional purposes. Types of Wake North Carolina Agreement Motion Picture Actor to Perform as Directed by Producer: 1. Principal Actor Agreement: This agreement is for actors who have prominent roles in the motion picture, usually leading or supporting characters. It covers a wide range of terms, compensations, and obligations specific to principal actors. 2. Background Actor Agreement: This type of agreement is for actors who have non-speaking or minor roles in the motion picture. It outlines their obligations, compensation, and any additional conditions related to their participation. 3. Stunt Performer Agreement: In situations where the actor is required to perform stunts, a specific agreement may be used. This agreement addresses the additional risks involved, safety protocols, and compensations for stunt performers. These agreements are crucial for ensuring a successful collaboration between actors and producers, setting expectations, and minimizing any potential misunderstandings or disputes.