Casting Director Agreement (Independent Contractor)

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Agreement used by a producer to hire a casting director as an independent contractor.

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This Casting Director Agreement (Independent Contractor) is used by a producer to hire a casting director for a motion picture. This agreement explicitly sets forth that casting director is an independent contractor and not an employee. Other specific terms are set out within this agreement including the name of the picture, how many roles will be cast and the compensation paid for the casting director’s services. A written Casting Director Agreement (Independent Contractor) will prove valuable in the event there are disagreements or misunderstandings between the parties.

This Casting Director Agreement (Independent Contractor) includes the following:
  • Parties: The identities of the producer and the casting director;
  • Services and Term: The services the casting director will provide including the number of speaking roles to be cast, the agreement term and authority to hire assistants;
  • Status: Casting director is an independent contractor and no employer/employee relationship is created;
  • Screen Credit: Casting director will receive screen credit if all required services are rendered;
  • Signatures: The producer and casting director must both sign the agreement.

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This attorney-prepared packet contains:
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  2. Casting Director Agreement (Independent Contractor)
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Casting Director Agreement
Independent Contractor

 

CASTING DIRECTOR AGREEMENT
(Independent Contractor)
 
   This Agreement (“Agreement”) is made as of this the _________________, by and between _________________ (“Production Company”) whose offices are located at _________________ and _________________ (“Contractor”) whose offices are located at _________________.
 
   1. SERVICES & TERM: The Production Company shall employ Contractor as Casting Director for the motion picture tentatively entitled “_________________” (hereinafter referred to as “Picture”). Contractors services shall include casting all speaking roles (approximately ____ roles) and shall commence within two (2) weeks either side of the first above stated date and shall continue for a maximum of _________________ (_________________) consecutive weeks. Contractors services will be non-exclusive to the Production Company (provided that any services he/she may perform for third parties shall not interfere in a material manner with the services required hereunder) until completion of all required services in connection with casting and all customary follow-up services, including without limitation documentation of the deals made as approved by the Production Company. If the services of Contractor are required beyond _________________ (_________________) weeks, Contractor be paid additional compensation at the rate of $_________________ per week.
 
   Contractor is authorized to utilize the services of assistants in providing casting services for the Picture. The assistants shall be employed during the same time and for the same length of time as Contractor.
 
   2. STATUS OF PARTIES: It is expressly acknowledged by the parties hereto that Contractor is an “independent contractor” and 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 Contractor performs his/her/its services which are the subject matter of this Agreement; provided always that the services to be provided hereunder by Contractor shall be provided in a manner consistent with professional standards governing such services and the provisions of this Agreement. Contractor understands and agrees that Production Company will not withhold on behalf of Contractor pursuant to this Agreement any sums for income tax, unemployment insurance, social security, or any other withholding pursuant to any law or requirement of any governmental body relating to Contractor or make available to Contractor any of the benefits afforded to employees of Production Company and that all such payments, withholding, and benefits, if any, are the sole responsibility of Contractor. In the event the Internal Revenue Service or any other governmental agency should question or challenge the independent contractor status of Contractor, Production Company shall have the right to participate in any discussion or negotiation occurring with such agency or agencies, irrespective of who or by whom such discussion or negotiation is initiated.
 
   3. COMPENSATION: For services provided in connection with the Picture contingent on Contractor providing all the contracted services and not being in default, Contractor shall receive the total sum of $_________________, payable as follows:
 
   (a)   $_________________, on _________________;
 
(b)   $_________________, on _________________; and
 
   (c)   $_________________, on _________________.
 
 
   4. PAYMENTS: All payments made by the Production Company to Contractor shall be made to Contractor at the above stated address or at such other address of which Contractor shall advise the Production Company in writing. The compensation set forth in paragraph includes any and all compensation for the services of Contractors assistants.
 
   5. OWNERSHIP: Production Company is not obligated to actually utilize Contractors services or the results and proceeds thereof. However, the Production Company shall own exclusively and perpetually throughout the universe all rights in and to the results and proceeds of such services as such services relate to the Picture and the exclusive perpetual right to use all or any part thereof as the Production Company may desire throughout the universe in connection with the Picture or otherwise. This includes but is not limited to all rights under copyright.
 
   6. CREDITS: On the condition that Contractor renders all services required of his/her/it hereunder, Contractor shall be entitled to screen credit on a single card in the main titles (if other production credits appear in the main titles) in the position immediately following the final credit given to acting talent and preceding any other credit that may be given for casting.
 
   7. DOCUMENTATION: Contractor will not be responsible for drafting any actor contracts, but will provide deal memos.
 
   8. CONTRACT CONSULTATION: Any and all deals that fall within any of the following four (4) categories must have prior approval by the Production Company before the deal may be finalized: Deals in which an actor receives (1) over scale or more; (2) main title credit; (3) inclusion in paid ads; (4) any bonus, deferred or contingent compensation.
 
   9. OFFICE: The Production Company shall provide office space for Contractor which is suitable for the purpose of rendering casting services for the Picture. Production Company shall reimburse Contractor his/her/its reasonable out-of-pocket expenses incurred by Contractor not to exceed a total of $300.00. There shall be no reimbursement for any travel expenses.
 
   10. SUSPENSION/PREMATURE TERMINATION: If for any reason Contractor is unable to perform or comply with any of the material terms or conditions hereof (“Contractors Incapacity”).
 
(a) Suspension: The Production Company shall have the right, upon notice to Contractor, to suspend the rendition of services by Contractor and the running of time hereunder, which suspension shall begin as of the commencement date set forth in such notice and shall continue so long as Contractors Incapacity shall continue and for such additional time thereafter as the Production Company requires to prepare for the recommencement of Contractors services.
 
(b) Termination: If Contractors Incapacity continues for a period in excess of five (5) days (aggregate or otherwise) during the performance of Contractors services hereunder, then the Production Company shall have the right to terminate this Agreement upon written notice thereof to Contractor, which termination shall be effective as of the effective date set forth in such notice.
 
   (c) In the event of any suspension or termination under this Clause 10 or Clause 11, Contractor will be compensated on a pro-rata basis for the amount if time worked.
 
11. FORCE MAJEURE:    
 
   (a) 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 Companys control which would excuse Production Companys performance as a matter of law, Production Company is prevented from or hampered in the pre-production or production of the Picture, or if, by reason of the closing of substantially all theatres in the United States, Production Companys production of the Picture is postponed or suspended, or if, by reason of any of the aforesaid contingencies or any other cause or occurrence not within Production Companys 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 Companys normal business operations are interrupted or otherwise interfered with by virtue of any disruptive events which are beyond Production Companys control (“Production Company Disability”), then Production Company may postpone the commencement of or suspend the rendition of services by Contractor 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 Contractor hereunder during the period of such suspension. Such suspension shall end upon the cessation of the cause thereof.
 
   (b) Termination:
 
(i) 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 Contractor.
 
(ii) Contractors Termination Right: If a Production Company Disability results in compensation being suspended hereunder for a period in excess of four (4) weeks, Contractor shall have the right to terminate this Agreement upon written notice to Production Company.
 
   12. ARBITRATION AND JURISDICTION:  This Agreement shall be interpreted in accordance with the laws of the State of ________________, applicable to agreements executed and to be wholly performed therein. 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 the Independent Film & Television Alliance (IFTA), said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made a part of this Agreement by reference. If IFTA 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 under its jurisdiction in ___________________ before a single arbitrator familiar with entertainment law. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. 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 and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys fees and expenses. The arbitration will be held in _____________________ and any award shall be final, binding and non-appealable. The Parties agree to accept service of process in accordance with the IFTA Rules.
 
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written.
 
 
 
 
 
________________________
(“Production Company”)
 
 
 
    
(“Contractor”)
 
 
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#27994
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