USA Crew Deal Memo for Movie or TV Production

The employee is responsible for remitting his/her own income taxes and payroll remittances, but the production company will remit the employee's union dues.
The employee must complete the required Form I-9 and comply with immigration verification employment eligibility provisions.
The employee's services will be rendered exclusively to the production company during the period of employment.
The production company is not responsible for damage or theft of personal items unless they are covered by insurance under a kit rental agreement.
Screen credit is at the discretion of the producers.
The parties agree to binding AFMA arbitration in the event of a dispute.

Document Type:

Microsoft Word

Last Updated: 14-April-2016

SKU: 8976

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Actor Deal Memo | USA

The contract contains provisions for both SAG and non-union performers. Just choose the appropriate clauses for your project.
The wardrobe clause states that the actor will provide all wardrobe items, other than period costumes or specialty items which will be provided by the producer. You can amend this provision to fit the circumstances.
The producer has exclusive right to use the actor's name and likeness in connection with the picture. The producer will also have all merchandising rights, and will pay the actor a pro rata share of the gross revenues (less distribution fees) derived from the use of the actor's name or likeness in connection with merchandising.
The contract contains two dispute resolution clauses, one for SAG actors and one for non-union actors.
The contract also contains an employment eligibility requirement, in accordance with US immigration laws.
The performer gives the producer the right to make deductions from the performer's pay and remit them to the Motion Picture and Television Relief Fund.
Available in MS Word format, fully customizable and reusable.

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The crew member's employment is to be exclusive to the production.
The Deal Memo is not a guarantee of employment or a guarantee that the producer will use the employee's work in the motion picture.
Overtime must be approved beforehand. No compensation is paid for days not actually worked, including sick days and holidays.
The producer will provide transportation, accommodation, meals and per diem for out-of-town locations.
The employee will not be reimbursed for the use of his/her vehicle and mobile phone unless approved by the production manager.
Provisions for box / kit rentals. The producer is not liable for loss or damage unless caused by the producer's negligence.
The employee's services are provided on a "work made for hire" basis, and all proceeds belong to the producer. The producer has the right to use the employee's name and likeness for press kits and promotional materials.
Drug and alcohol use at work is grounds for immediate dismissal.
The employee will receive a screen credit at the producer's discretion.
This contract is governed by U.S. laws.

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The performer will provide his/her services during principal photography, as well as pre-production (rehearsals, production meetings, etc.) and post-production services (reshoots, ADR, etc.).
The actor will be paid a weekly rate for the services rendered, and a portion of the net profits of the picture as deferred compensation.
The relationship between the actor and the producer is not that of employee and employer. The actor is an employee of his/her loan-out corporation, and not the producer. The corporation is responsible for withholding and/or paying all amounts required to be paid with respect to the actor's employment and compensation.
The actor will be provided with transportation, a vehicle, an expense allowance, living accommodation, and dressing room facilities.
The actor will get screen credit and credit in paid advertising for the motion picture.
The actor agrees not to do anything that is prohibited under any policy of insurance covering the actor that is obtained by the producer.
The file includes a Letter of Inducement from the performer, which makes representations about the performer's relationship to the loan-out corporation, and indemnifies the producer against any claims resulting from the performer's work on the picture.
You can customize the USA Actor Loan Out Agreement for SAG Members, and re-use it on future film projects. Download your copy now.

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The actor will provide his/her own wardrobe, except for period costumes or specialty items which will be provided by the production company.
The film's producer represents that it is not a party to any Screen Actors Guild collective bargaining agreement, and the performer warrants that he/she is not a member of any union or guild which would prevent the performer from working on the picture.
The actor gives the producer the exclusive right to use the actor's name and likeness in connection with the picture. The producer will also hold all merchandising rights, and will pay the actor a pro rata share of the gross revenues derived from the use of the actor's name or likeness in connection with merchandising.
The contract includes an employment eligibility clause as required by U.S. laws, which can be deleted for Canadian film productions.
The Actor Employment Agreement for Non-Union Day Performers is a fully customizable template. You can use it in both the United States and in Canada.

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This addendum should be used for any crew member / contractor that is a corporation or a loan-out.
The contractor represents and warrants to the producers that s/he is either the sole owner or the major shareholder of the loan-out corporation's issued and outstanding shares.
You can edit and re-use the template for all departments, and over multiple productions.
Loan-outs require a bit more paperwork than other crew hires. Make sure yours is all in order - download the Loan-Out Addendum to Film Production Deal Memo form.

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