DEAL MEMO

TERMS OF AGREEMENT  

PRODUCER:                                                                                                           EMPLOYER OF RECORD:
Production Company                                                                                             Acme Production Services
Address                                                                                                                 Address
City, State 99999                                                                                                  City, State 99999

EMPLOYEE:                                                                                                          DATE:                                   

POSITION:                                                                                                            SS#:                                    

ADDRESS:                                                                                                             FED ID:                                

START:
The employee's services shall commence on or about                                                      , 2004.

COMPENSATION:

In full and complete consideration for the services to be rendered hereunder, Employee shall be compensated the sum of                                              per five day week worked during the term.

OTHER COMPENSATION:                                                                                                                                

1)                WORKDAY:  Employee's services shall be rendered on a five (5) day per week basis, with a twelve (12) hour workday exclusive of lunch breaks.  All partial weeks will be paid on a 1/5th pro-rated basis from the hourly rate.  Holidays not worked are not paid, and no Saturday or Sunday work will be additionally compensated unless authorized in advance by the Producer, Line Producer, or Production Manager.

2)                OVERTIME:  Employee will receive overtime pay at the hourly rate of the daily rate based on 1/12th of the daily rate from the 12th and 13th hours as straight time, the 14th and 15th hours as time and a half, and the 16th hour and after as double time.  Overtime compensation will be paid the Friday following the end of the week when the overtime work was performed.

3)                TRANSPORTATION/ACCOMMODATION/EXPENSE PROVISION, if any:  If set is outside of the Studio Zone as defined by the Screen Actor's Guild, all crew will be provided with round-trip transportation from and returning to a central pick-up point in CityName.  At the discretion of Employer, transportation may be provided for other set locations.  If Employee normally drives to set, then all fuel and other costs will be the sole responsibility of the Employee unless expressly stated otherwise.  All transportation except scheduled "Company Moves" will be considered "off the clock" and not be used as a part of any calculation of hours for any given day unless the duration of travel time from the central pick-up point to arrival at the location exceeds one hour, in which case the day shall be billed from the leave time.

4)             MEALS:  The Employee's first meal period will commence within six (6) hours following the Employee's call time (for set personnel only).  Sit-down second meals will be off the clock.  Meal intervals may be extended by 15 minutes without penalty when used for completing a scene in progress.  Production will be allowed one 15 minute grace period per meal, and up to two grace periods per week.  Meal penalties for delayed meals shall be paid at $4.00 for every 15 minutes (1/4 hour) violation or fraction thereof.

The Employee's Second Meal period will commence six (6) hours following the end of the first meal.  If we crew wrap within 15 minutes (1/4) hour after the end of the second meal period no penalty will apply.  If we continue to work beyond the 15 minute grace period a meal will be provided.  In the event that a meal isn't provided after the grace period a $4.00 meal penalty will be paid.

5)             REST PERIODS:  Rest Periods following dismissal from set shall be as follows:

a)      Ten (10) hours per day

b)      Fifty (50) hours between work weeks

c)      Thirty-four (34) hours between work on Saturday and Monday, if schedule requires us to work a six-day week (from Monday through Saturday).

 If producer requires Employee to render services in violation of the established rest period, Producer agrees to compensate Employee at one and one half times Employee's hourly rate for the invaded hours only.

 6)                SERVICES:  During this engagement, Employee will render services whenever and wherever Producer may require, in a competent, conscientious, and professional manner, meeting the needs of the Producer in all matters, including those involving artistic taste and judgment.  The Producer shall have no obligation to actually utilize the Employee's services, or to include any of Employee's work in the Picture, or to producer, release, or continue the distribution of the Picture.

7)                RECOVERABLES:  Each department shall be responsible for all recoverable items, which must be inventoried and accounted for at the end of Principal Photography.  These items should be organized, boxed, and returned to the Producer.  

8)             KIT:  Employee box or kit rentals and/or equipment are the responsibility of the Employee.  Producer assumes no responsibility for loss or damage unless loss and/or damage is due to Producer's negligence.  Box rentals and/or personal property rented to Producer must have a written inventory, which shall be attached to this agreement.  Box and/or kit rentals totaling $600.00 or more are subject to Form 1099 reporting at the end of the year.  Box and/or kit rentals, or equipment will be pro-rated on a daily basis.  Payment for car rentals is subject to withholding and taxed as wages.

9)                SUSPENSION AND TERMINATION:  Producer shall have customary rights of suspension and termination by reason of any event beyond Producer's control which materially hampers production of the Picture, including, without limitation, force majeure, labor strike, or the death, material default, illness or incapacity of the employer or the Director, Director of Photography, or any principal cast member.

10)           RIGHTS:  All results and proceeds of employee's services hereunder shall constitute "a work made for hire" for Producer, and Producer shall be considered the author thereof for all purposes and the owner throughout the world of all the rights therein.  Producer shall have the right to use and license the use of the Employee's name, photograph, likeness, voice and/or biography in connection with the Picture and the advertising, publicizing, exhibition and/or other exploitation thereof, including, without limitation, in connection with "behind the scenes" and "making of" films and featurettes.

11)                PUBLICITY:  Employee shall not furnish any information or publicity about the Picture, the Picture's budget, or Producer to any third party.

12)                ASSIGNMENT:  Producer may assign its rights hereunder to any person, firm, or corporation.

13)                EMPLOYEE'S REMEDIES:  Employee recognizes that in the event of a breach by Producer of its obligations under this Agreement (including, without limitation, breaches of the Agreement arising out of credit obligations), the damage (if any) caused to the Employee thereby is not irreparable or sufficient to entitle Employee to injunctive or other equitable relief.  Employee therefore agrees that Employee's rights and remedies shall be limited to the right, if any, to obtain damages at law, and that the Employee shall not have the right in such event to terminate or rescind this Agreement or to enjoin or restrain the distribution or exhibition of the Motion Picture.  Neither the expiration of this Agreement, nor any other termination thereof shall affect the ownership by Producer of the results and proceeds of the services supplied by Employee, or any other rights granted herein to Producer, or alter any of the rights and privileges of Producer, or any warranty or undertaking on the part of Employee in connection with such results and proceeds.

14)           CREDIT:  Credit shall be accorded to Employee.  All decisions with respect to credit, including without limitation the position, size, prominence, style, placement and form of any and all credits shall be determined by the producer in its sole discretion.  No failure by Company or its assignees or licensees to comply with the credit requirements hereof shall be deemed a breach of this Agreement, subject to distributors' customary exceptions and exclusions.

Please print your name as you would like it to appear in the credit roll:

   

_____________________________________________
(Print Name)

 15)                AGREEMENT:  This Deal Memo constitutes the full agreement between both parties unless amended to the contrary in writing and signed by both parties.

16)                MISCELLANEOUS:  This Agreement shall be deemed to be made in New York State and shall be construed in accordance with the laws of New York State applicable to contacts made and performed therein.  Notwithstanding any other provision of this Agreement, Employee's sole remedy for breach by Producer of any provisions of this Agreement shall be the right to pursue an action at law for damages.  In no event shall Employee seek or be entitled to recision, or to injunctive or other equitable relief, and the termination of this engagement or this Agreement for any reason shall not affect the Producer's right to the result and proceeds of Employee's services hereunder.  Producer shall have the right to assign this Agreement to any person or entity, and the benefits of this Agreement shall inure to any such assignee.  Employee shall, upon request, execute, acknowledge and deliver to Producer such additional documents as Producer may deem necessary to evidence and effectuate Producer's rights hereunder.  Employee hereby grants Producer the right, as attorney-in-fact, to execute, acknowledge and record any and all such documents.

17)                ADDITIONAL ITEMS:

a)      All purchases over $100.00 and all rentals will be made by Purchase Order, and must be approved by Producer, Line Producer, or Production Manager.

b)      Petty Cash expenses must be accompanied by original receipts, not photocopies.

c)      Time cards must be turned in Friday for work executed the forthcoming week.  Time cards submitted late may be paid late.

d)      All employees are subject to income tax withholdings, unless individual operates as a Loan-Out Company.  All Loan-Out Companies must provide Producer with Federal Identification Number and proof of Workman's Compensation Insurance.  Producer will not reimburse Employee/Loan-Out Company for Payroll Taxes.

e)      If Employee would like for his/her call time to be considered differently from that on the call sheet then it must be approved by the Producer.

f)       Parking tickets will not be reimbursed by Producer.  In the event that unpaid parking violations are reported to Producer after Employee has concluded employment with Producer, Employee shall be responsible for any bail amount  and/or processing fee with respect to such parking tickets.

g)      There is no guarantee that petty cash over the float amount given will be reimbursed.

h)      Meals on petty cash vouchers are not approved unless by prior agreement of  Producer, Line Producer, or Production Manager.

i)       During pre-production and wrap, off-set meals will not be reimbursed by Producer.

j)       Producer will not accept or reimburse any receipts for cigarettes or alcohol.

k)      Mobile phone charges will not be the responsibility of Producer without  prior approval.

AGREED TO:                                                                        Date:______________________
                                (Employee Signature)

 

AGREED TO:                                                                      Date:______________________
                                            (Producer)