Producer Agreement Tv Series by myl63906

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									TELEVISION SERIES AGREEMENT


THIS AGREEMENT is made the _________________________BY AND BETWEEN




(1)IRISH EQUITY of Liberty Hall, Dublin 1 (the “Union) and




(2)_________________________________________________________ (the “Producer”)




                                         RECITALS



(A)The Producer intends to produce a television series in Ireland currently titled:




       ___________________________________________________(the series)




(B)In the production of the Picture the Producer will engage certain artistes (the “Artistes”)
       who are members of the Union.




(C)    The Union and the Producer have agreed and herein set forth certain conditions and
       Procedures of engagement of the Artistes for the Series
                                    AGREEMENT


NOW THIS AGREEMENT made between the parties witnesseth as follows:


1.Duration
      This Agreement shall commence on the date first set forth above and shall apply to the
      engagement of Artistes for the Series.




2.Application
      This Agreement sets forth-minimum terms and conditions for all artistes excluding crowd
      artistes and extras engaged in the Series




3.Engagement
      The engagement of Artistes shall be subject to this Agreement and shall be made upon
      the Form of Engagement, a copy of which is attached as Appendix 1 hereto (the
      “Engagement Agreement”) with such modifications and additions as the Producer and
      the Artiste may agree. In the event of any conflict between the provisions of this
      Agreement and the Engagement Agreement the terms of this Agreement shall prevail.




4.Rates, Rights & Uses
      Upon notice by the Producer, the Artiste shall render such rehearsal and other
      customary pre-production services as the Producer may require. The Producer shall pay
      to the Artiste, and the Artiste agree to accept, as full compensation for such services,
      the applicable minimum amount, if any, payable in connection with such services. The
      minimum payment before any use fees for daily engagement is €200 (subject to a
      minimum payment of €356.00 on the production) and for weekly engagement is €800
      Where the Artiste’s engagement is for one day only, but features in more than one
      episode, there is an additional minimum payment of €285.70
       All use fees shall be in addition to the minimum fee and shall be based on a percentage
      of the minimums as set out in the standard form of engagement and television rates as
      attached.
      In consideration of payment of the artiste’s basic earnings, the Company shall be
      entitled, either separately or simultaneously in all or any television region in the UK/ROI
      to 1st UK/ROI transmission rights, all world television including basic cable and theatric
      (except UK/ROI & USA) and all world non-theatric rights in the production




5.Overtime
      Where agreed overtime shall be payable after 10 hours from the time of the Artiste’s
      call to location (excluding meal breaks). Overtime shall be payable at a rate of 15% of
      the minimum daily salary (i.e 1½ times the minimum hourly salary) subject to a
      maximum €72.40 per hour of overtime worked.




6.Mealbreaks
      After not more than 5 hours from unit call the Artiste shall be given a meal break of one
      half-hour or one hour as may be elected by the Producer. Where canteen facilities are
      not available, meal arrangements shall be provided by the Producer. The Producer shall
      also provide refreshments all through the working day.




7.Post-Production
      The Artiste shall render services in connection with the post-production of the Series,
      including, without limitation, retakes, added scene, looping, dubbing, sitting for publicity
      stills, the preparation of trailers and publicity and promotional activity for the Series, as
      and when the Producer may require. After completion of principal photography of the
      Series or the expiration of the Artiste’s guaranteed term of engagement, if any, under
      the Engagement Agreement, whichever is the latter to occur, the Artiste’s post-
      production services hereunder shall be subject to the Artiste’s conflicting professional
      commitments.




      The Producer shall pay to the Artiste and the Artiste agrees to accept, as full
      compensation for such services, the applicable minimum amount, if any, payable for
      such services pursuant to the Engagement Agreement unless otherwise agreed,
      determined without regard to the amount of compensation payable to the Artiste
      pursuant to the Engagement Agreement.




8.Credits
      On condition that the Artiste fully performs all of the Artistes obligations under the
      Engagement Agreement and that the Artiste appears recognizably in the Series as finally
      released in the role for which the Artiste is employed hereunder, the Producer agrees
      that the Artiste shall receive credit on all positive prints of the Series in the form if any
      agreed between the Producer and the Artiste. All other matters with respect to said
      credit, including, without limitation, the size, style, nature and placement thereof, shall
      be within the sole discretion of the Producer. The Producer may, in the Producer’s sole
      discretion, accord the Artiste larger or more favorable credit than that provided in this
      paragraph 8. No casual or inadvertent failure to comply with the provisions of this
      paragraph, nor any failure on the part of third parties to comply with such provisions,
      shall constitute a breach of this Agreement or the Engagement Agreement by the
      Producer.




9.Transportation & Living Expenses
      If the Producer shall require the Artiste to render services hereunder (other than
      promotional or publicity services) at a place other than the Production base or Ardmore
      Studios, the Producer shall either provide the Artiste with, or reimburse the Artiste for,
      as the Producer may elect, the following:


      (i)Roundtrip transportation for the Artiste, if available and if used, between the Artiste’s
             principal place of residence and such locations as required by the Producer.
      (ii)If the Artiste is required at the request of the Producer to stay overnight at the
             location he will be provided with single room accommodation and receive the
             appropriate meal or meal allowance.




10.Artiste’s Name and Likeness
      The Producer shall have the right and may grant to others the right, to disseminate,
      reproduce, use, print and publish the Artiste’s name, voice and likeness (whether or not
      taken from the Series) and biographical material concerning the Artiste, as news or
      informative matter and in connection with advertising and for purposes of trade,
      including, without limitation, the right to use, and to grant to others the right to use, the
      Artiste’s name and likeness (whether or not taken from the Series) in books, magazine
      and newspaper articles, and in connection with other advertising and exploitation,
      relating to the Series or any part thereof.




11.Grants of Rights
      The Producer shall be the sole and exclusive owner of the Series and of all the results
      and proceeds of the Artiste’s services, shall have the right to cut, edit, add to, subtract
      from, arrange, rearrange, and revise the Series and the results and proceeds of the
      Artiste’s services hereunder, and the right, in perpetuity, to use, exploit, advertise,
      exhibit and otherwise turn to account any or all of the foregoing in any and all media,
      whether now known or hereafter devised, throughout the world, in all languages, as the
      Producer, in its sole and unfettered discretion, shall determine.




12.No Obligation to Proceed
      The Producer shall have no obligation to produce, distribute or advertise the Series or to
      utilize the Artiste’s’ services therein.




13.Contingencies
      If Production of the Series is interfered with or prevented by an event of force majeure
      or for any reason beyond the Producer’s control, then during any such period of
      interruption or prevention, the Producer shall have the right to suspend the Artiste’s
      services and compensation, and shall have the right to extend the terms of the
      engagement for a period equal to the period of such interruption or prevention.
      Additionally, the Producer shall have the right to terminate the Engagement Agreement
      at any time during any such period of interruption or prevention, in which event the
      compensation payable to the Artiste shall be reduced to an amount equal to the Artiste’s
      actual daily rate multiplied by the number of days worked prior to such termination.
14.The Artiste’s Remedies
      The Artiste’s rights and remedies in the event of any breach of the Engagement
      Agreement by the Producer, including, without limitation, any breach of the credit
      obligations to the Artiste, shall be limited to the Artiste’s rights, if any, to recover
      damages in an action at law and/or in any arbitration, and in no event shall the Artiste
      be entitled, by reason of any such breach to terminate the Engagement Agreement or to
      enjoin, restrain or in any way interfere with the production, distribution exhibition or
      other exploitation of the Series. Without limiting the generality of the foregoing, no
      failure by third parties to comply with their agreements with the Producer shall
      constitute a breach of the Agreement or the Engagement Agreement by the Producer.




15.Conciliation Procedures
      In the event of any difficulty or dispute arising between the parties hereto the following
      procedure shall be observed and carried out by the Producer, Union and the Artistes:


      (i)An endeavor shall be made by the Producer and the representatives of the
             Artistes directly concerned to settle the difficulty at the place where the matter
             has arisen; failing settlement:


      (ii)A full time accredited official of the union shall refer the matter to the Producer, if not
             resolved:


      (iii)A joint meeting consisting of the Producer and the Union shall be held subject to
             seventy-two hours notice in writing being given by either party; if not resolved:


      (iv)The dispute may, if required by either party be referred to a Rights Commissioner
             unless agreed.


      (v)Either party may refer the matter in dispute for conciliation to the Labour Relations
             Commission, and if necessary to a Full Labour Court Hearing.


      (vi)The parties hereto bind and obligate themselves to accept as final and binding any
             decision or award ensuing from the foregoing procedure.


      Pending the completion of the procedure set out above, no stoppage of work or lock-out
      shall take place or be authorised and the guiding principal shall be that whatever the
      practice or custom was in operation prior to dispute shall be maintained during
      negotiations.
16.Interpretation
      This Agreement contains the sole and entire agreement between the parties hereto in
      connection with the Series and shall supersede any and all other agreements between
      the parties with respect thereto. No waiver or modification of this Agreement shall be
      valid unless in writing and signed by both parties hereto. The parties agree that this
      Agreement is intended to be subject to, and shall be enforced and construed pursuant
      to the laws of Ireland applicable to agreements wholly or partly executed and performed
      therein. The headings in this Agreement are inserted for convenience and shall not
      affect the Agreement in any way.




17.Minimum Payments
      Except as specified to the contrary, the Producer shall pay to the artiste all applicable
      minimum payments (including, without limitation, all applicable minimum payment for
      re-runs and/or other uses of the Television Drama Production),) if any, required
      pursuant to the Engagement Agreement. In no event shall the amounts paid to the
      Artiste hereunder be less than the minimum payments required pursuant to this
      Agreement.




18.Daily Engagements
      (i)Daily Salary
                 The Form of Engagement shall specify the Artiste’s daily salary, which shall
                 be not less than the minimum under the Agreement between the Company
                 and the Union.


      (ii)First Call and Guaranteed Period
                 The Form of Engagement shall specify a guaranteed period during which an
                 Artiste shall be on first call to the Company. The Form of Engagement shall
                 also specify the date on which the guaranteed period begins.


      (iii)Two or More Guaranteed Periods
                 In the event that the Artiste is engaged for two or more separate guaranteed
                 periods each such period shall be treated for the purposes of this Agreement
                 as though it were a separate engagement.
      (iv)Guaranteed Sum and Supplementary Payment
                 Where the guaranteed period of first call for a daily Artist is more than one
                 day and not more than five days, but the Artist is entitled to payment of
                 salary for one day only, a supplementary payment equal to the minimum
                 daily payment, to a maximum of €285.70 shall be paid to the Artiste.


                 The Company shall inform the Artiste of the day he is required to work not
                 less than 36 hours before that day. The Company shall normally inform the
                 Artiste of the time of the Artiste’s call to work not later than 08.00p.m. on the
                 day preceding the day on which the Artist is required to render services.




19.Conflict
      In the event that there is any conflict between any provisions of this Agreement and the
      Engagement Agreement this Agreement shall prevail and the provision in the
      Engagement Agreement affected shall be curtailed and limited only to the extent
      necessary to bring it within the requirements of this agreement and, as so modified, the
      Engagement Agreement shall continue in full force and effect.


20.Assignment
      The Artiste agrees that the Producer shall have the right to assign the Engagement
      Agreement or any of the Producer’s rights thereunder, in whole or in part, to any party.
      In no event shall the Artiste have the right to delegate any of its duties or to assign the
      Engagement Agreement of any of the Artistes rights thereunder.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date
first set forth above in the manner hereinafter appearing.




SIGNED for and on behalf of IRISH EQUITY




Signature:             __________________________




in the presence of:-


Witness:                                    ___________________________




Date:                                       ________________________




SIGNED by for and on behalf of               _____________________________




                                            ____________________________


In The Presence Of:


Witness:                                    _____________________________


Date:                                       _________________________
                          MINIMUM TELEVISION SERIES RATES


     ARTISTS DAILY RATE                                       €200.00
     ENGAGEMENT BY THE WEEK                                   €800.00
     REVOICING/VOICE-OVERS/
     COMMENTARY/SESSION SINGERS/
     SOUND TRACK RECORDING                                    €193.00


     Additional Uses are a percentage of the Artiste’s minimum daily rate as set out in the
     Standard Form of Engagement and are subject to the following Minimum Payments
     (whichever is the greater).


     2nd UK/ROI TX                       35%
     3rd UK/ROI TX                       35%
     Theatric Rights UK/ROI              10%
     1st. USA Prime Time TX              75%
     2nd USA Prime Time                  25%
     Thereafter per TX                   5%
     1st. USA Non Prime Time             25%
     Thereafter per TX                   5%
     Syndication                         15%
     Basic Cable (UK & USA)              10%
     PBS                                 10%
     World Video                         7.5%
     World Pay TV                        20%


Travel Day                         50% of Artiste’s Minimum Daily Rate
Hold Day on Location               100% of Artiste’s Basic Minimum Daily Rate
Stand By Day at home               100% of Artiste’s Basic Minimum Daily Rate
Rehearsal Days or Weeks            100% of Artiste’s Basic Minimum Daily Rate
Post Sync Days                     100% of Artiste’s Basic Minimum Daily Rate for more
                                   than five working hours.
                                   ½ days (5 working hours) may be worked and paid for
                                   at 50% of the minimum
                                   One day Artist featuring in more than one Episode
                                   €286.00

								
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