"Crew Deal Memo Template" - California

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Download "Crew Deal Memo Template" - California

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CREW DEAL MEMO
COMPANY: __________________________________________________________________
CONTRACTOR: _______________________________________________________________
POSITION: ___________________________________________________________________
ADDRESS: ___________________________________________________________________
PHONE: _______________________________ SOCIAL SECURITY #: ___________________
START DATE: __________________________ FEDERAL I.D. #________________________
WEEKLY RATE: _________________________
BILLING: _____________________________________________________________________
PRODUCTION: __________________________ BUDGET ACCOUNT: ___________________
This Deal Memo confirms the agreement between Contractor and Company on the following
terms and conditions:
1. The product of Contractor’s services is a work-for-hire for copyright purposes. By signing
below, Contractor grants and assigns to Company all rights of any kind in and to Contractor’s
services and the products thereof, notwithstanding any expiration or termination hereof.
Company and its successors, assigns and licensees have the absolute right to make
changes in, and have no obligation to use, the product of Contractor’s services. As to
Company, its successors, assigns and licensees, Contractor grants, and waives all personal
rights and objections to, any use of Contractor'’ name, likeness picture, voice or biography in
connection with the motion picture or its exploitation.
2. Company will not be responsible for any loss, theft or damage of or to any personal property
belonging to Contractor not rented by Company. Contractor is responsible for all recoverable
items purchased, which must be reconciled with accounting during “wrap.”
3. The use of , or being under the influence of, alcohol or illegal drugs during this engagements
is prohibited and will result in immediate dismissal.
4. The rate indicated herein is a flat rate, and no overtime shall be paid by Company to
Contractor. No guaranteed turnaround or meal penalties. The weekly rate is the same for a
five-day or six-day work week. A partial work week (less than five days) will be pro-rated. No
pay for holidays not worked. If holidays or Sundays are worked, pay is at normal straight
time. The sum of the Contractor’s work invoice submitted to Company shall not exceed:
________
5. Contingent Compensation: As compensation for Contractor’s providing services described
herein at a greatly discounted rate, and in addition to the maximum amount of invoiced work
set forth in section 4 above, Contractor shall receive _____% of Company’s Net Profits. For
purposes of this Agreement, “Company’s Net Profits” shall mean 50% of Net Profits. “Net
Profits” shall mean net revenue less all costs and expenses incurred by Company in
connection with pre-production, production, post-production, finishing and marketing. The
calculation and amount of Net Profits and Company’s Net Profits used for purposes of
determining the payment of Contractor under this paragraph shall be identical to the
calculation and amount of Net Profits and Company’s Net Profits used to determine
CREW DEAL MEMO
COMPANY: __________________________________________________________________
CONTRACTOR: _______________________________________________________________
POSITION: ___________________________________________________________________
ADDRESS: ___________________________________________________________________
PHONE: _______________________________ SOCIAL SECURITY #: ___________________
START DATE: __________________________ FEDERAL I.D. #________________________
WEEKLY RATE: _________________________
BILLING: _____________________________________________________________________
PRODUCTION: __________________________ BUDGET ACCOUNT: ___________________
This Deal Memo confirms the agreement between Contractor and Company on the following
terms and conditions:
1. The product of Contractor’s services is a work-for-hire for copyright purposes. By signing
below, Contractor grants and assigns to Company all rights of any kind in and to Contractor’s
services and the products thereof, notwithstanding any expiration or termination hereof.
Company and its successors, assigns and licensees have the absolute right to make
changes in, and have no obligation to use, the product of Contractor’s services. As to
Company, its successors, assigns and licensees, Contractor grants, and waives all personal
rights and objections to, any use of Contractor'’ name, likeness picture, voice or biography in
connection with the motion picture or its exploitation.
2. Company will not be responsible for any loss, theft or damage of or to any personal property
belonging to Contractor not rented by Company. Contractor is responsible for all recoverable
items purchased, which must be reconciled with accounting during “wrap.”
3. The use of , or being under the influence of, alcohol or illegal drugs during this engagements
is prohibited and will result in immediate dismissal.
4. The rate indicated herein is a flat rate, and no overtime shall be paid by Company to
Contractor. No guaranteed turnaround or meal penalties. The weekly rate is the same for a
five-day or six-day work week. A partial work week (less than five days) will be pro-rated. No
pay for holidays not worked. If holidays or Sundays are worked, pay is at normal straight
time. The sum of the Contractor’s work invoice submitted to Company shall not exceed:
________
5. Contingent Compensation: As compensation for Contractor’s providing services described
herein at a greatly discounted rate, and in addition to the maximum amount of invoiced work
set forth in section 4 above, Contractor shall receive _____% of Company’s Net Profits. For
purposes of this Agreement, “Company’s Net Profits” shall mean 50% of Net Profits. “Net
Profits” shall mean net revenue less all costs and expenses incurred by Company in
connection with pre-production, production, post-production, finishing and marketing. The
calculation and amount of Net Profits and Company’s Net Profits used for purposes of
determining the payment of Contractor under this paragraph shall be identical to the
calculation and amount of Net Profits and Company’s Net Profits used to determine
payments to Company and to the Company’s director and star, and to the investors in the
Production under their respective contracts. Contractor's right to receive such contingent
compensation shall vest only upon Contractor's full completion of all duties appropriate to
Contractor's position.
6. Contractor shall not have, and hereby waives, any right to enjoin restrain or interfere with the
production for any reason including any failure by Company or any other party to comply with
credit obligations. Except for terms expressly provided herein, any and all billing is subject to
Company’s sole and absolute discretion.
7. Any Contractor claim for injury on the job is limited to Company’s Worker’s Compensation
insurance policy.
8. Company shall neither exercise nor have any right to control the means by which
Contractor’s work is to be accomplished. Contractor is an independent contractor and no
employment relationship shall be deemed created by this agreement or by Contractor’s
provision of service hereunder. Contractor understands and acknowledges that as an
independent contractor he/she will be fully responsible for paying all required state and
federal taxes, and that compensation received from Company will be in a lump sum amount
and will not reflect any withholdings or deductions. Company may, at its sole discretion,
terminate this contract at any time, and may suspend performance hereunder without pay
during any force majeure as commonly defined in the motion picture industry. This
production is non-union as to the crew, and Contractor is providing his services on such a
basis.
9. The contents of this contract shall remain confidential between Company and Contractor.
This agreement is governed by California law. This is the entire agreement between the
parties and no amendment or waiver is valid unless in a writing signed by both parties.
10. Company is the sole proprietor of Production and reserves the rights to all final editing and
distribution decisions on Production.
__________________________________
_______________________________
CONTRACTOR’S SIGNATURE
COMPANY SIGNATURE
__________________________________
_______________________________
DATE
DATE
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