FILM AGREEMENT

 

Date: _____________

 

When signed by both parties, this letter will constitute an Agreement between you and Samarie Studios, Roosevelt S. Louima, (hereinafter referred to as “Producer”), P. O. Box 56695, Atlanta, Georgia 30343 and __________________________________________ (your name, hereinafter referred to as “Participant”) for the production, distribution, and broadcast by Producer of a “no budget,” direct-to-video film “ (“Film”) entitled “THE CASTRATOR” (working title).

 

The parties agree as follows:

 

1.              Services:  Participants shall perform the duties in the making of the film as usually associated with the credits that they shall receive. 

 

2.              Compensation:   Participants shall receive no compensation for their services nor shall they be considered employees of the Producer (In the event revenues are generated from the Work and payments made to Participants, payments shall be considered “royalty payments,”)

 

3.              Term:  The preproduction and production period shall be July through November 2004 on days to be mutually agreed upon between Producer and Participant.

 

4.              Credits: If, and when, the film is completed the Participant shall receive a credit in the head or tail credits of the film.  Head credits may include writer, producer, director and others.  Tail credits may start with the principal lead actors, secondary actors, production and postproduction team, extras, others, and those who contributed goods and services.  The Producer, in his sole discretion, will use best efforts to fairly and appropriately credit everyone for their participation and contributions.  Accidental deletion of any names of credits shall not be considered a breach of this agreement.  In the event that multiple people perform the same function (such as screenplay writing or associate producing) the Producer will use his best judgment to fairly credit Participant.

 

5.              Non-Union Picture:  Producer makes the material representation that it is not a signatory of SAG, WGA, DGA, or IATSE collective bargaining agreements or any other union or guild agreement.  Participant warrants that Participant is not a member of any union or guild agreement.  Participant warrants that Participant is not a member of any union or guild, memberships in which would prevent Player from working in this Film.

 

6.              Creative Control:  While the Producer seeks creative input from everyone at every level during the production, the Producer shall have final creative control over all aspects of the production including script, rehearsals, filming, editing, music, artwork, publicity, marketing and distribution.

 

7.              Editing:  Producer has the right, but not the obligation, to use any of the materials filmed during production in his sole discretion, including but not limited to a “Making Of…” documentary.  At any time, the Producer has the right to deem the filming unacceptable and may abandon production and the completion of said Work.  The Producer makes warranties that it shall complete a Film from what is shot.

 

8.              Copyright:  Producer shall hold the copyright in any materials created for the Film.  Producer shall solely and exclusively own the Film in whatever stage of completion as it may exist, including, but not limited to, all rights of whatever kind and character, throughout the world, in perpetuity, copyright, production, manufacture, reproduction, transcription, performance, broadcast and exhibition by any art, method, or device now known or hereafter devised including theatrical, non-theatrical exhibition, television, home video, and electronic media.

 

9.              Name and Likeness:  Producer shall have the exclusive right to use and to license the use of Participant’s name, photography, likeness, voice, and appearance by any means in and in connection with the Film and the advertisement, publicizing, exhibition, and/or other exploitation thereof in any manner and by any means.

 

10.           Wardrobe and Makeup Furnishings:  If the Participant has an on-camera role, the Participant agrees to furnish all modern wardrobe, wearing apparel, and makeup reasonably necessary for the portrayal of their role.

 

11.           Promotional Videotapes:  The Participant shall receive two video copies of the Film, which shall be sent to the Participant’s address herein.  Additional copies (not for resale) may be ordered for an “at cost” purchase price from the producer.

 

12.           Scheduling:  Since the production of the Film requires on participation in a timely fashion, it is expected that Participant’s commitment to the agreed-upon schedule will be adhered to pending illness or personal emergency.

 

13.           Hiring and Firing:  The Producer in his sole discretion shall make agreements with Participants Anyone who has not signed this Agreement is not considered to be part of the Film by the Producer.  In the event someone is fired from the production, any days that they worked or any contribution that they made will be noted and, in the event of revenues from the film, they will be compensated as stated on the Deal Memorandum.  All rights granted by Participant to Producer as stated herein shall continue for the term of the Agreement.

 

14.           Insurance:  This Film production is not insured.  Participants shall assume full and total responsibility for their own well being during the filming process.   If Participants agree to any stunts or physical action they shall do so entirely at their own risk.  If Participants operate equipment they shall do so entirely at their own risk.  The Producer assumes no liability for any mishaps during Production.   Participants who wish to be insured should carry their own insurance.

 

15.           Transportation and Travel Expenses:  Filming is anticipated to take place within 50 miles of downtown Atlanta, Georgia.  There will be no compensation now or later for mileage, travel expenses, or meals.  Participant shall pay these and other incidental expenses.

 

16.           Arbitration:  Any controversy or claim arising out of or relating to this Agreement or any breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association; and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  The prevailing party shall be entitled to reimbursement for cost and reasonable attorney’s fees.  The determination of the arbitrator in such proceeding shall be final binding, and non-appealable. 

 

17.           Entire Agreement:  This constitutes the Entire Agreement of the parties and all previous agreements, warranties, and representations, if any are merged herein.

 

By signing the spaces provided below, you accept and agree to all of the terms and conditions of this Agreement.

 

AGREED TO AND ACCEPTED:

 

Date:  ___________________

By:  _________________________________________________

“PARTICIPANT” (Signature)

 

Print Name:  ___________________________________________________

(Print Legibly.  This will be used for your credit!)

Address:  ______________________________________

Telephone:  ____________________________________

Social Security Number:  __________________________

 

 

AGREED TO AND ACCEPTED:

_____________________________________________

“PRODUCER”

Roosevelt S. Louima, President

Samarie Studios