Performer Agreement
(Between Actor and Motion Picture Studio, Long Form)

Summary

This is a long-form performer agreement in which a motion picture studio directly employs an actor or actress to provide his or her services for a motion picture. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template may be used by a studio for the superstar or major star performers in a high budget motion picture. Note that preparing an agreement for such performers may require extensive negotiations. In particular, terms regarding compensation, especially back-end participations in revenues, as well as collateral matters, such as travel and accommodations, are sometimes detailed provisions which take lengthy negotiations to reach agreement. If there are time constraints due to an impending start date of production, rather than risk delaying production by trying to complete negotiation of the full agreement prior to the commencement of the performer's services, the parties may agree to first prepare a deal memo of the principal terms, which can then be used as the basis for a long-form agreement. In such instance, the performer will commence services upon the execution of the deal memo. For a sample deal memo, see Deal Memorandum (For Performer Agreement Between Actor and Motion Picture Studio). Additionally, as with directors and producers, based upon considerations of tax factors and liability, it is not uncommon for a performer to form a loan-out company which then provides his or her services to the studio. In such cases, modify this template so that the studio enters into an agreement with the loan-out company (""Lender""), and require the individual performer to sign an Inducement Letter (set forth in Optional Exhibit). If for some reason the Lender loses its entity status and/or develops a legal impediment that prevents it from fulfilling its contractual obligations, the Inducement will require the performer to fulfill the Lender's obligations directly to the studio, and, by the same token, the studio will have recourse directly to the individual performer. For a collection of content related to motion picture production, see Motion Picture Production Resource Kit. For additional guidance on motion picture performer agreements, see Motion Picture Production Agreements and Documents — Talent Agreements and Entertainment Industry Contracts P 11.01. For an agreement between a performer and an independent production company, see Performer Agreement (Between Actor and Independent Production Company, Long Form).