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Production Services Agreement - Make up and Cosmetic Visual Effects

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Production Services Agreement - Make up and Cosmetic Visual Effects Powered By Docstoc
					This is an agreement between a production company and a make-up artist or cosmetic
visual effects artist for services provided in connection with a motion picture film. This
agreement can be customized by the user to ensure that the understandings of the
parties are properly set forth. Customizable clauses include the term of the agreement,
compensation, description of work, and which materials are provided by the artist. This
document should be used by production companies and visual effects artists that want
to enter into an agreement for services rendered in connection with a motion picture
film.
                          PRODUCTION SERVICES AGREEMENT
                            (Make-up and Cosmetic Visual Effects)

THIS PRODUCTION SERVICES AGREEMENT (Make-up and Comestic Visual Effects)
(hereinafter referred to as the "Agreement") is entered into this ____ day of _______________,
20__, by and between __________________________ (the "Production Company") whose
offices are located at __________________________ and __________________ (the "Artist")
whose offices are located at ____________________________, hereinafter referred to
collectively as the “Parties”.

                                               RECITALS

       WHEREAS the Artist is engaged in providing [Insert the type of make-up and/or cosmestic
       visual effects services to be provided].

          AND WHEREAS, Production Company desires to engage and contract for the services
          of the Artist to perform certain tasks as set forth herein. The Artist desires to enter into
          this Agreement and perform as an independent contractor for the Production Company
          and is willing to do so on the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the above recitals and mutual promises and conditions
contained in this Agreement, the Artist and the Production Company hereby agree as follows:


I.        ENGAGEMENT

1.01 Subject to the terms and conditions of this Agreement, the Production Company hereby
engages the Artist for and during the term of this Agreement to perform the services as set forth
herein, for the motion picture entitled "_________________" (the "Picture").


II.       ACCEPTANCE

2.01 The Artist hereby accepts such engagement and agrees that at all times during the term of
the engagement, services will be rendered as required by the Production Company.


III.      DESCRIPTION OF SERVICES

3.01 The Artist shall work in coordination with the Picture’s primary director and the
costumer to design, originate, develop, construct, create, maintain and produce appropriate
make-up and cosmetic visual effects for the Picture, which is more fully described in the attached
Attachment A, attached hereto and made a part of this Agreement (collectively, the "Effects").



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3.02 The Artist shall consult with the Production Company concerning matters relating to the
design and specifications of the Effects and will comply with requests and suggestions of the
Production Company to ensure that the Effects will achieve the creative and dramatic effects
desired. In the case of cosmetic visual effects that require assembly or production, The
Production Company shall have the right to view the progress of the Effects prior to delivery and
have final approval.

3.03 For the Term of this Agreement, the Artist will provide services exclusively for the
Production Company and the Artist will not provide services as a Artist for any other entity
whatsoever.[Instruction: Optional]


IV.      TERM

4.01 The services of the Artist shall commence on _________________ (the “Commencement
Date”) and shall continue until completion of all shooting on the Picture, or as otherwise agreed
by the Parties (the “Term”).


V. TERMINATION

5.01 The Production Company reserves the right to immediately terminate the services of
Artist under the following circumstances:

         A. if Artist is found to have consumed illegal or non-prescribed drugs during the Term;
         and/or;

         B. if Artist creates a nuisance that interrupts the Picture in any manner whatsoever,
         which determination shall be in the sole discretion of the Production Company.


VI.      POST TERMINATION OBLIGATION

6.01 In the event that Artist has designed and produced tangible cosmetic visual effects, Artist
shall maintain the Effects for safekeeping after completion of photography thereof in the
condition then existing, subject to reasonable wear and tear for a period of at least five (5) years
and shall not destroy the Effects without first providing the Production Company with the
opportunity to determine whether it desires to continue storing and/or maintaining such Effects at
a facility other than that of the Artist shall be permitted to use the Effects for promotion
purposes of its portfolio of motion picture make up and cosmetic visual effects work.


VII.     NO AUTHORITY

7.01 The Artist shall not sign any contracts for and on behalf of the Production Company nor
the Picture’s primary director, producer(s), or the Picture in any way or any manner whatsoever.



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VIII. MATERIALS

8.01 The Artist will provide its own products, materials, and equipment as set forth on
Attachment “B”. The Artist hereby warrants that its products, materials and equipment are
adequate, durable and of suitable quality for the Picture and for the production of the Effects that
are the subject of this Agreement.


IX.      COMPENSATION

9.01 Provided, the Artist is not in material breach of this Agreement and has rendered all
services required by the Production Company hereunder, the Production Company shall pay the
Artist for all such services and rights:

The total sum of $_______________________, payable as follows:

         A. First payment of $_____________, due on ____________________________;

         B. Second payment of $______________, due on _______________________; and

         C. Third payment of $_____________, due on ___________________________.


X.       WARRANTIES

10.1     The Artist hereby represents and warrants that:


        A. The Artist has the full right, power and authority to enter into this Agreement and to
grant all rights granted herein. It is not under nor will it be under, any disability, restriction or
prohibition with respect to its rights to fully perform in accordance with the terms and conditions
of this Agreement and that there shall be no liens, claims or other interests which may interfere
with, impair or be in derogation of the rights granted herein;
        B. The Effects shall be free from any and all claims, liens, judgments, or suits of any
nature, and that no portion of the Effects will impair or interfere with the Production Company's
production, distribution or other exploitation of the Picture or any other rights granted to the
Production Company hereunder, and that the services of the Artist will not knowingly violate or
infringe upon the trademark, trade name, copyright, patent, literary right or any other right of any
other person, firm or corporation; and


       C. The Effects, when completed, will be suitable for the purposes intended, and will not
contain any materials, defects, or devices which could cause personal injury or other health



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hazards to persons using the Effects as contemplated hereunder or working in proximity with the
Effects.

XI.      INDEMNIFICATION

11.01 Each party shall indemnify and hold the other harmless for any losses, claims, damages,
awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees,
which arise from any alleged breach of such indemnifying party's representations and warranties
made under this Agreement, provided that the indemnifying party is promptly notified of any
such claims. The indemnifying party shall have the sole right to defend such claims at its own
expense. The other party shall provide, at the indemnifying party's expense, such assistance in
investigating and defending such claims as the indemnifying party may reasonably request. This
indemnity shall survive the termination of this Agreement


XII.     OWNERSHIP

12.01 All rights to the Effects and the design thereof shall be the property of the Production
Company and shall be created by the Artist as a “work-for-hire” (as such term is defined in the
United States Copyright Act of 1976). The Production Company shall be entitled to and shall
solely and exclusively own all proceeds of the services of the Artist hereunder, including all
rights throughout the universe of copyright, trademark, patent, production, manufacture,
recordation, reproduction, transcription, performance, broadcast, and exhibition by any art or
method now known or hereafter devised. All of the proceeds of the services rendered hereunder
are works specifically ordered by the Production Company and the Production Company shall
have the free and unrestricted right to use and exploit the Effects in any manner whatsoever as
the Production Company may designate in its sole discretion.


XIII. RELEASE

13.01 The Artist waives as against the Production Company the benefits of any and all moral
rights and agrees not to assert any moral rights against the Production Company relating to the
Effects. The Artist hereby releases and discharges the Production Company, its employees,
agents, licensees, successors and assigns from any and all claims, demands or cause of actions
that it may have or may later have for libel, defamation, invasion of privacy or right of publicity,
infringement of copyright or trademark, or violation of any other right arising out of or relating
to any utilization of the rights granted herein


XIV. USE OF ASSISTANTS

14.01 The Artist is authorized to utilize the services of any assistants, if needed in providing
services for the Picture. The assistants may be employed during the same time and for the same
length of time as Artist. Payment to such assistants is the obligation of Artist.




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XV.      PUBLICITY

15.01 The Production Company shall have the sole and exclusive right to issue publicity
concerning the Effects. Notwithstanding the foregoing, the Artist may mention the fact that the
Artist is performing services in connection with the Picture so long as such (i) is not an
advertisement for the Picture, (ii) does not contain language which is derogatory in nature, and
(iii) does not disclose confidential information.


XVI. SCREEN CREDIT

16.01 If the Artist is not in material breach of this Agreement and a substantial portion of the
Effects created pursuant to this Agreement are utilized in a recognizable manner in the Picture,
the Artist shall be accorded credit on the Picture on screen as follows:
"MAKE UP (OR COSMETIC EFFECTS) BY [Insert name of Artist]"

16.02 All aspects of the credit to be accorded pursuant to this clause, including, without
limitation, the size, style of type and position shall be determined by the Production Company in
its discretion.


XVII. PARKING AND WORKING SPACES

17.01 If the Artist is required to provide services away from the Artist's facility, the Production
Company shall provide (a) one parking space for the Artist; and (b) a work space, which shall be
a room if at a studio or, if on location, a work space in a truck which is sufficient to
accommodate the Artist's needs.


XVIII. RELATIONSHIP OF PARTIES

18.01 Nothing in this Agreement is intended or shall be construed to create with Production
Company an employer/employee relationship, a joint venture relationship, or a lease or
landlord/tenant relationship, or to allow Production Company to exercise control or direction
over the manner or method by which Artist performs the services which are the subject matter of
this Agreement.


XIX. FORCE MAJEURE

19.01 Suspension: If, by reason of fire, earthquake, labor dispute or strike, act of God or public
enemy, any municipal ordinance, any state or federal law, Governmental order or regulation, or
other cause beyond Production Company's control, by which the Production Company is



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prevented from or hampered in the production of the Picture, or if, by reason of any of the
aforesaid contingencies or any other cause or occurrence not within Production Company's
control, including but not limited to the death, illness or incapability of any principal member of
the cast or director of the Picture, the preparation or production of the Picture is interrupted or
delayed and/or, if Production Company's normal business operations are interrupted or otherwise
interfered with by virtue of any disruptive events which are beyond Production Company's
control (herein referred to as "Production Company Disability"), then Production Company
postpone the commencement of or suspend the rendition of services by Artist and the running of
time hereunder for such time as the Production Company Disability shall continue; and no
compensation shall accrue or become payable to Artist hereunder during the period of such
suspension. Such suspension shall end upon the cessation of the cause thereof.

         A. Termination:

        (1) Production Company Termination Right: If a Production Company Disability
continues for a period in excess of four (4) weeks, Production Company shall have the right to
terminate this Agreement upon written notice to Artist.

       B. Artist's Termination Right: If a Production Company Disability results in
compensation being suspended hereunder for a period in excess of four (4) weeks, Artist shall
have the right to terminate this Agreement upon written notice to Production Company.


XX. GOVERNING LAW & DISPUTE RESOLUTION:

20.01 This Agreement shall be interpreted in accordance with the laws of the State of
__________________. Any controversy or claim arising out of or in relation to this Agreement
or the validity, construction or performance of this Agreement, or the breach thereof, shall be
resolved by arbitration in accordance with the rules and procedures of AFMA. Such rules and
procedures are incorporated and made a part of this Agreement by reference. If AFMA shall
refuse to accept jurisdiction of such dispute, then the parties agree to arbitrate such matter before
and in accordance with the rules of the American Arbitration Association (AAA) and before a
single arbitrator familiar with entertainment law. The Parties agree hereto that they will abide by
and perform any award rendered in any arbitration conducted pursuant hereto, that any court
having jurisdiction thereof may issue a judgment based upon such award. The arbitration award
shall be final, binding and non-appealable. In any action brought by a party to enforce the terms
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.


XXI. GENERAL:


21.01 Waiver by either party hereto or breach of any provision of this Agreement by the other
shall not operate or be construed as a continuing waiver.




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21.02 Any notice or other communication under this Agreement shall be considered given when
delivered personally or delivered by first class mail or express courier service, by facsimilie or
electronic communication to the Parties at their respective addresses set forth below, or at such
other address as a party may specify by notice:

Notices as to Production Company: _

___________________________(specify mailing address, facsimile number and email address)

Notice to the Artist:

_________________                    __ (specify mailing address, facsimile number and email address)

21.03 If any provision of this Agreement is held by a court of competent jurisdiction to be
unenforceable, the reminder of the Agreement shall remain in full force and effect and shall in no
way be impaired.

21.04 This Agreement constitutes the entire agreement of the Pparties with regard to the subject
matter hereof, and replaces and supersedes all other agreements or understandings, whether
written or oral. No amendment or extension of this Agreement shall be binding unless in writing
and signed by both parties.

21.05 This Agreement shall be binding upon the Production Company’s successors and assigns.

21.06 The Artist may not assign or transfer this Agreement without the written consent of the
Production Company.


IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year
first above written.

[PRODUCTION COMPANY]


_______________________________
By: NAME OF AUTHORIZED PERSON
TITLE OF AUTHORIZED PERSON

[ARTIST]

________________________________
NAME OF ARTIST
ARTIST SOCIAL SECURITY NUMBER
Or FEDERAL ID. NUMBER




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                                                Attachment "A"
                                               Description of work




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                                             Attachment “B”
                                  List of materials provided by the Artist




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DOCUMENT INFO
Description: This is an agreement between a production company and a make-up artist or cosmetic visual effects artist for services provided in connection with a motion picture film. This agreement can be customized by the user to ensure that the understandings of the parties are properly set forth. Customizable clauses include the term of the agreement, compensation, description of work, and which materials are provided by the artist. This document should be used by production companies and visual effects artists that want to enter into an agreement for services rendered in connection with a motion picture film.
This document is also part of a package Become an Artist 9 Documents Included