DIRECTOR SERVICES AGREEMENT (FOR VIDEOS & COMMERCIALS)
THIS AGREEMENT made effective as of the _____ day of ______________, _______.
[NAME OF PRODUCTION COMPANY]
- and -
[NAME OF DIRECTOR]
1. Definitions and Interpretation
1.1 Wherever used throughout this Agreement, the following words and phrases shall have the
“AICP” means the Association of Independent Commercial Producers.
“DGA” means the Director’s Guild of America.
“this Agreement”, “herein”, “hereunder”, “hereto” and similar words shall refer to this
Agreement and any schedules, exhibits or attachments hereto.
1.2 All references to currency herein shall mean lawful money of the United States of America.
1.3 Section and paragraph headings used in this Agreement are for convenience of reference only
and shall not affect the construction or interpretation of this Agreement.
1.4 Words importing the singular number include the plural and vice versa and words importing the
masculine gender include the feminine and neuter genders.
2. Services of Director
2.1 Producer hereby engages the services of Director with respect to the production of television
commercials (“TV Commercial(s)”) and music videos (“Music Video(s)”) only, and Director accepts such
engagement, upon the terms and conditions contained in this Agreement. For greater clarity, Producer
shall not have the right to utilize Director’s services with respect to motion pictures, documentaries or
other projects under this Agreement. Each production produced by Producer and directed by Director
hereunder is hereinafter referred to as a “Production”.
2.2 Director shall render the foregoing services to Producer on an exclusive basis during the Term of
this Agreement (as hereinafter defined).
2.3 Director shall render all services required hereunder on such date(s) and time(s) and at such
studio(s) or such location(s) as are reasonably required by Producer for any particular Production.
2.4 Director shall perform all services in a diligent and conscientious manner, and to the best of
Director’s ability, and shall comply promptly and faithfully with all reasonable instructions, directions,
requests, rules and regulations (including those relating to matters of artistic taste and judgment) made
by Producer. Director shall render all services under the supervision, direction and control of Producer,
as exercised by Producer from time to time.
3. Term; Termination
The term (“Term”) of this Agreement will be for a period of ________________ commencing on
__________ [insert start date] or such other date as Producer and Director shall mutually determine, and
ending on __________ [insert expiry date]. Notwithstanding the foregoing, either party may terminate this
Agreement at any time upon _____ days’ prior written notice to the other party.
4.1 Daily Rate. Director will receive the following daily rates:
(a) ____________________ DOLLARS ($____________) per shoot day for directing a TV
(b) ____________________ DOLLARS ($____________) per shoot day for directing a Music
The said compensation will be paid to Director within _______ days after completion of principal
photography on such Production.
4.2 Additional Compensation for TV Commercials.
(a) Profit Participation. During the Term of this Agreement, for each TV Commercial
directed by Director, Director will receive, as additional compensation, _____________
percent (____%) of the net profit during each one (1) year period less all direct costs and
_________ percent (___%) of budgeted mark-up of each job for overhead costs (“Profit
Participation”). Producer will provide Director with an actualized accounting for each TV
Commercial within ________ days of complete actualization. Profit Participation payable,
if any, will be paid quarterly in arrears for all jobs actualized and fully paid by the client
during that payment period.
(b) Underage Entitlement. As further additional compensation, Director will be entitled to
receive an amount of ____________ percent (___%) of the net under budget amounts
(“Underages”) on TV Commercials produced during each year of this Agreement.
Director’s Underage entitlement in each year shall be cross-collateralized, in other words,
losses or amounts over-budget on one shoot will offset Underages on another shoot.
Producer will provide Director with an actualized Underage accounting for each TV
Commercial produced during such year, calculated and payable on a quarterly basis. At
the end of the Term, and after all Underages and over-budget amounts have been
aggregated, should there be a net overage, Director will not be required to repay such
amount to Producer.
(c) Computation of Additional Compensation. When computing any additional
compensation payable under this Article, Producer shall take into account all amounts
paid by the client or advertising agency with respect to a particular TV Commercial, less
all direct costs incurred, including without limitation, the A-K costs as set out on the
AICP bid sheet, insurance per bid, travel and accommodation expense, talent costs,
handling fees, pension and welfare costs, directing fees, and ____________ percent (___%)
of overhead, as hereinbefore set out.
THIS IS A 5-PAGE DOCUMENT.