Producer’s Standard Terms and Conditions

1. Producer’s Rights: The results and proceeds of Performer’s services hereunder, including without limitation all themes, plots, characters, formats, ideas, stories, and all other material composed, submitted, added, created, or interpolated by Performer hereunder (hereafter the “Results and Proceeds”), which Performer acknowledges may have been or may be rendered in collaboration with others, shall be deemed a work-made-for-hire for Producer prepared within the scope of Performer’s employment and/or as a work specifically ordered and/or commissioned by Producer, and therefore, Producer shall be the author and copyright owner thereof for all purposes throughout the universe. Producer shall solely and exclusively own throughout the universe, in perpetuity and in all languages all rights of every kind and nature whether now or hereafter known or created in and in connection with such Results and Proceeds including, without limitation, all copyrights (and renewals and extensions thereof), all forms of motion picture, television, digital television, video and computer games, videocassette, video or laser disc, computer-assisted media, character, sequel, remake, sound record, theme park, stage play, merchandising and allied, ancillary and subsidiary rights therein, and the foregoing is inclusive of a full irrevocable assignment to Producer thereof. Producer shall own all rights in the role or character portrayed by Performer, including name, likeness and distinctive characterizations and the right to use Performer’s name and likeness in connection with the performance and Picture, for all purposes throughout the universe in perpetuity at no additional cost to Producer unless and except as specified below. Performer shall have no right at any time to portray, exploit, merchandise or make any use of such role or character portrayed by Performer. Performer hereby grants Producer the nonexclusive right in perpetuity throughout the universe to use and permit others to use Performer’s name, photograph, likeness, voice (or simulation thereof), and biography in connection with advertising, publicizing and exploiting the Picture or any part thereof including, without limitation, in commercial tie-ins or tie-ups relating thereto.
2. Additional Rights: Performer acknowledges that the following have been separately bargained for as required under the SAG Modified Low Budget Agreement. Throughout the universe in perpetuity and in connection with the Picture, unless otherwise specified under “Special Provisions” above, Performer acknowledges that Producer may use and authorize others to use and display Performer’s name, voice and likeness (including the re-use of photography and soundtrack material from the Picture) in connection with the following: souvenir programs, merchandising, commercial tie-ups, animated spin-offs, advertisements, promotions, music videos, soundtrack albums (including the use on the packaging of recordings containing music from the Picture whether or not Performer’s performance is including in such recordings), computer and/or interactive software, posters, printed publications of materials from the Picture or upon which the Picture is based or in which characters in the Picture are used, corporate promotions such as in an annual report and Producer may also use images from the Picture or film clips from the Picture (which contain Performer’s name and likeness) as well as outtakes, extra footage or “behind the scenes” footage or photos in which Performer appears, in any manner that it elects, including, without limitation, in connection with promotional films or “making of” or similar programs.
3. Credit: Provided Performer is not in default hereunder and provided Performer appears recognizably in the Picture as released, Producer shall accord Performer credit in the end titles of the Picture unless otherwise specified under “Special Provisions” above. All other matters pertaining to such credit shall be determined by Producer. No casual or inadvertent failure by Producer, or any failure by any third party, to comply with the foregoing credit provisions shall constitute a breach hereof.
4. Breach of Contract: Performer agrees that Performer’s services are special, unique, unusual, extraordinary, and of an intellectual character giving them a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law and that Producer, in the event of any breach by Performer, shall be entitled to equitable relief by way of injunction or otherwise. In the event of a failure or an omission constituting a breach by Producer of the provisions of this Agreement, Performer hereby agrees to give Producer written notice thereof and afford Producer the opportunity to remedy such breach prospectively prior to filing a grievance with SAG. It is further agreed that Performer’s rights and remedies in the event of a failure or an omission constituting a breach or alleged breach of this Agreement shall be limited to Performer’s right, if any, to recover damages in an action at law, but in no event shall Performer be entitled by reason of any such breach to terminate or rescind this Agreement, or to enjoin or restrain the distribution, exhibition or exploitation of the Picture or the advertising or publicizing thereof.
5. Other Services/Additional Compensation: Performer agrees to be available, subject to prior professional commitments, for standard pre- and post-production activities including, but not limited to, wardrobe fittings, make-up tests, reshoots, publicity and promotion, dubbing and looping for the minimum applicable additional compensation prescribed for such use in the SAG Modified Low Budget Agreement, if any. Any payments required by the SAG Modified Low Budget Agreement (or other applicable collective bargaining agreement), in excess of the payments expressly provided for herein, including specifically (but without limitation) any payments that may be due as a result of a commercial tie-in or tie-up relating to the Picture, shall be payable at the minimum rate required by the applicable collective bargaining agreement.
6. Assignment: Producer may assign this Agreement or any part thereof to any third party whatsoever. Performer may not assign its rights or delegate Performer’s obligations in whole or in part, under this Agreement without Producer’s prior written approval.
7. Non-Disclosure: Performer agrees not to disclose any creative and/or material information whatsoever concerning Performer’s performance, the Picture or this Agreement without Producer’s express written permission.
8. No Obligation to Use: Producer is not obligated to use the services of Performer or to develop, produce, distribute, or exploit the Picture, or, if commenced, to continue the development, production, distribution, or exploitation of the Picture in any territory; and regardless of whether or not Producer elects to develop, produce, distribute and/or exploit the Picture (or to commence same), Producer shall not be obligated to use the services (in whole or in part) of Performer hereunder and Performer and Lender, if applicable, shall not be entitled to any damages or other relief by reason thereof.
9. Miscellaneous: The execution of this Agreement has not been induced by any representations, statements, warranties or agreements other than those expressed herein. This Agreement embodies the entire understanding, written or oral, in effect between the parties and supersedes any agreement, written or oral that may currently exist between Producer and Performer relating to the subject matter hereof. Under the SAG Modified Low Budget Agreement, Artist waives continuous and consecutive employment. This Agreement can be modified only by a written instrument signed by both parties. This Agreement is governed by Texas law and is subject to the exclusive jurisdiction of the federal and state courts located in Dallas, Texas.