Make-up and Special Effects Contractor Agreementfor Your State
This Makeup and Special Effects Contractor Agreement is used by a production company when hiring a contractor to provide special effects and makeup for a motion picture. This form is for use in your state and ready for download.
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This Makeup and Special Effects Contractor Agreement is between a production company and a contractor who will render makeup and special effects for a motion picture. This comprehensive agreement sets out the specific services to be provided including demonstration of the special effects, maintenance of these effects after completion of photography and furnishing of trained personnel in order to complete photography for the picture. This agreement further sets out the compensation to be paid, when effects should be delivered and who will own the special effects. It is vital this agreement be memorialized in writing and not left to oral interpretation. A well-written Makeup and Special Effects Agreement will prove invaluable in the event of misunderstandings or litigation.
This Makeup and Special Effects Contractor Agreement contains the following important provisions:
Protect Your Rights and Your Property by using our professionally prepared forms.
This attorney-prepared packet contains:
This Makeup and Special Effects Contractor Agreement contains the following important provisions:
- Parties: The name of the production company and special effects contractor;
- Services: Sets out the specific services to be provided including the furnishing of trained personnel and that detailed discussions regarding the special effects will be held;
- Delivery: The special effects will be delivered to production company at its expense;
- Compensation: Sets out how payments and any profits derived from exploitation of the special effects will be made to the contractor;
- Ownership of Special Effects: Sets out that production company will be owner of all effects as they were made on a work for hire basis;
- Possession of Effects: Special effects contractor shall retain physical possession of effects in trust for the production company;
- Publicity and Credit: Production company shall have the right to issue publicity about the effects and screen credit will be given to special effects contractor and artist;
- Signatures: Both production company and contractor must sign this agreement.
Protect Your Rights and Your Property by using our professionally prepared forms.
This attorney-prepared packet contains:
- General Information
- Makeup and Special Effects Contractor Agreement
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
MAKE-UP AND SPECIAL EFFECTS
This agreement (hereinafter referred to as the “Agreement”) is entered into as of _________________, by and between _________________ (the “Production Company”) and _________________ (the “Special Effects Contractor”).
Said parties hereby agree as follows:
1. SERVICES TO BE PROVIDED:
(a) The Production Company hereby engages the Special Effects Contractor and the Special Effects Contractor hereby agrees to provide the services necessary or required to design, originate, create, develop, construct, maintain and otherwise produce for the Production Company the special and make-up effects (collectively, the “Effects”) required by the Production Company for its “_________________” character in the motion picture entitled “_________________” (the “Picture”). The Effects will be available for demonstration to the Production Company as required in order that the Effects will be completed not later than _________________.
The Special Effects Contractor shall maintain the Effects 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 Special Effects Contractor.
(b) The Special Effects Contractor shall also furnish the services of _________________ (the “Artist”) and other trained personnel (the “Crew”) in order to complete second unit photography of the Effects for the Picture. Thereafter, if the Production Company requires the Artist’s services, such services shall be subject to the Artist’s professional availability (provided that the Artist shall use reasonable efforts to be available as and when requested by the Production Company).
(c) The Effects required by the Production Company have been discussed in detail between the Special Effects Contractor and the Production Company. The Special Effects Contractor and the Artist shall originate, design, create, develop, construct and, if necessary, repair the Effects in accordance with such discussions, the screenplay submitted to the Special Effects Contractor, the activity description provided by the Special Effects Contractor and approved by the Production Company, and all drawings submitted by the Production Company, as the foregoing may by mutual approval be revised (collectively, the “Plans”). The Special Effects Contractor and the Artist shall consult with the Production Company concerning matters relative to the design and specifications of the Effects and will comply with requests and suggestions of the Production Company to insure that the Effects will achieve the creative and dramatic effects desired. The Production Company shall have the right to view from time to time the progress of the Effects prior to delivery, but all such viewings shall be set up by appointment.
2. TIME FOR PERFORMANCE: The services of the Special Effects Contractor, Artist and Crew shall commence on _________________ and shall continue until completion, delivery and photography of the Effects.
3. DELIVERY: The Special Effects Contractor and the Artist shall deliver each item of the Effects to the Production Company (or, at Production Company’s discretion, ready the Effects for pickup by the Production Company) in accordance with Clause 1 above, subject to delays due to force majeure events. All delivery charges will be directly billed to the Production Company.
4. COMPENSATION: Provided the Special Effects Contractor and Artist are not in material breach of this Agreement and have rendered all services required by the Production Company hereunder, the Production Company shall pay the Special Effects Contractor for all such services and rights: (a) $_________________, to be advanced in installments as follows:
$_________________ upon execution of this Agreement;
$_________________ upon delivery of the photographs of the Effects thereof to the Production Company;
$_________________ upon the theatrical release of the Picture in the domestic marketplace.
(b) An amount equal to _________________ percent (_________________%) of the Production Company’s merchandising net profits derived from exploitation of the Effects; provided, however, that if the Effects shall be used in any merchandising item with another character or characters and any royalty shall be payable on account of the use of such other character or characters then the percentage of such net profits payable to the Special Effects Contractor hereunder shall be reduced by the amount of such other royalty to not less than two percent (2%). As used herein “merchandising net profits” shall mean the Production Company’s gross receipts from exploitation of the Effects in merchandising less the aggregate of (i) the Production Company’s direct out-of-pocket manufacturing and licensing costs actually incurred and paid (it being agreed that costs incurred but not yet paid may be deducted, provided that if any such cost is not paid within one (1) year from the time incurred its deductibility will be reversed until such time as such cost is actually paid), if any, and (ii) a distribution fee for the Production Company equal to forty percent (40%) of such its gross receipts.
The Production Company shall account to the Special Effects Contractor on a quarterly basis for one (1) year and thereafter semi-annually, within thirty (30) days after the close of each accounting period; provided, however, that if the Production Company’s merchandising licensee shall account to the Production Company on a less frequent basis then the Production Company shall account to the Special Effects Contractor on such basis, and provided further that if pursuant to any such accounting a payment of less than One Hundred Dollars ($100) shall be due to the Special Effects Contractor, the Production Company shall not be required to provide such accounting. Any payment due to be paid to the Special Effects Contractor pursuant to this clause shall accompany such statement.
Any statement not objected to by the Special Effects Contractor in writing within eighteen (18) months after its dispatch shall be deemed conclusive and binding said Special Effects Contractor. The Special Effects Contractor may, at his expense and on reasonable notice, audit the Production Company’s books and records relating to merchandising of the Effects not more than once each year. In relation to any such audit, the Special Effects Contractor may make copies of such books and records at the place they are kept and shall receive copies of the results of any audit of the Production Company’s licensees.
(c) To the extent that changes required by the Production Company in the Plans cause a material increase in the cost of manufacturing the Effects, the Special Effects Contractor shall promptly notify the Production Company in writing of the approximate amount of such increase and the Production Company and the Special Effects Contractor shall in good faith determine an appropriate increase in the compensation payable to the Special Effects Contractor pursuant to clause 4(a) above.
(d) For set operations in connection with photography of the Effects, the Production Company will pay (i) an amount equal to Screen Actors Guild (“SAG”) scale compensation to and for such Crew as may be required by the Special Effects Contractor and approved by the Production Company for set operations and (ii) SAG Pension and Health and Welfare Plan contributions from the employer for said services.
5. OBLIGATIONS OF SPECIAL EFFECTS COORDINATOR:
(a) The Special Effects Contractor shall furnish and be solely responsible for the cost of:
(i) All pre-production labor incurred by the Special Effects Contractor for his administrative and production employees, including, but not limited to, hourly wages and employer contributions required by law or applicable collective bargaining agreements;
(ii) All materials and supplies used by the Special Effects Contractor hereunder;
(iii) Except as otherwise specifically provided in this Agreement, any and all other incurred expenses including, but not limited to, local transportation costs (rental or leasing of vehicles and repair and maintenance of same), shop rental, utilities, insurance, rental, repair, and maintenance of tools and equipment and any and all other costs, fixed or otherwise, required by the Special Effects Contractor to perform the services required hereunder;
(iv) The salaries of the Artist and Crew for all services required hereunder during photography of the Picture, including retakes and added scenes, except as provided in clause 4(d) above.
(b) All personnel necessary for the design, creation, production and delivery of the Effects shall be the Special Effects Contractor’s employees or independent contractors and the Special Effects Contractor shall have all duties and responsibilities of an employer, including but not limited to payment of compensation to its employees, payroll deduction and withholdings, employer’s taxes and worker’s compensation insurance.
6. WARRANTIES AND INDEMNIFICATION:
(a) The Special Effects Contractor hereby represents and warrants that:
(i) No Claims: 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 in connection with the services rendered by the Special Effects Contractor, said Special Effects Contractor 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
(ii) Condition: 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 hazards to persons using the Effects as contemplated hereunder or working in proximity with the Effects.
(b) The Special Effects Contractor shall indemnify and hold harmless the Production Company, its successors, assigns and licensees and the officers, directors, shareholders, employees and representatives of any of the foregoing from and against any and all costs, liability, damages and expenses (including but not limited to reasonable attorneys’ fees) arising by reason of the breach of any of the foregoing representations or warranties. The Production Company shall indemnify and hold harmless the Special Effects Contractor and its officers, directors, shareholders, employees and representatives from and against any and all cost, liability, damages and expense (including but not limited to reasonable attorneys’ fees) arising by reason of any material contained in the Picture.
7. OWNERSHIP OF EFFECTS: All rights to the Effects and the design thereof shall be the property of the Production Company and shall be created by the Special Effects Contractor as a work-for-hire in order that the Production Company shall have all copyright, trademark and other proprietary rights in the Effects. However, the Production Company shall not disclose to any third party mechanical details concerning the design, construction or manufacture of the Effects except (i) for merchandising purposes and (ii) if motion pictures are produced in addition to the Picture and the Production Company and Special Effects Contractor do not enter into an agreement pursuant to which the Special Effects Contractor will provide the services of the Artist and Crew for such additional motion pictures, such details may be disclosed to any person(s) engaged to design, construct, operate or maintain the Effects for such additional motion pictures, it being agreed that the Production Company and the Special Effects Contractor will consult in the selection of any such person(s) but the Production Company’s decision shall be determinative.
8. OWNERSHIP OF PROCEEDS: The Production Company shall be entitled to and shall solely and exclusively own all proceeds of the services of the Special Effects Contractor, Crew and 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.
9. POSSESSION OF EFFECTS: Notwithstanding the provisions above relating to ownership of the Effects and the proceeds thereof the Special Effects Contractor shall retain physical possession of the Effects in trust for the Production Company after completion of photography thereof (i) for safekeeping of the Effects and (ii) for use on its premises by the Special Effects Contractor as part of its portfolio of motion picture special effects work. The Production Company and Special Effects Contractor hereby represent that they both recognize that the Effects are to be constructed and operated with the several loaned parts that are more particularly described and identified on the accompanying Exhibit “A,” which is attached hereto and incorporated herein by reference as if recited verbatim in this Agreement. As such, after completion of photography of the Picture, the loaned parts listed on Exhibit “A” are to remain the property of the Special Effects Contractor, and any reference to the Effects thereafter shall be represented by the Effects without such loaned parts.
10. SUBSEQUENT PRODUCTIONS: If the Production Company elects to produce or cause the production of other motion pictures (whether produced for initial theatrical or television release) in addition to the Picture, the Production Company and the Special Effects Contractor shall negotiate in good faith with respect to such services and compensation as may be required by the Production Company in connection with its use of the Effects. The Production Company and the Special Effects Contractor hereby represent and agree that the Effects are to be designed and built to last through the completion of photography of the Picture. As such, the Special Effects Contractor cannot guarantee the condition of the Effects after photography of the Picture. If the Production Company and the Special Effects Contractor fail to reach agreement concerning any such subsequent production(s), then the Production Company may engage the services of any other person(s) to refurbish, add to, maintain, modify and/or operate the Effects, it being agreed that the Production Company and the Special Effects Contractor will consult in the selection of any such person(s) but the Production Company’s decision shall be determinative.
11. PUBLICITY AND CREDIT:
(a) Publicity: The Production Company shall have the sole and exclusive right to issue publicity concerning the Effects. Notwithstanding the foregoing, the Special Effects Contractor 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.
(b) Screen Credit: If the Special Effects Contractor and Artist are 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 Special Effects Contractor shall be accorded credit on the Picture on screen as follows:
“SPECIAL EFFECTS BY _________________”
(c) Other Credits: Except as specifically provided above, 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.
12. INSURANCE: The Special Effects Contractor shall maintain at all times while any employees of the Special Effects Contractor are rendering services hereunder, workers’ compensation insurance, unemployment insurance and state disability insurance as required by _________ law and any applicable collective bargaining agreement. In connection with workers’ compensation insurance, the Special Effects Contractor is furnishing the Artist’s and the Crew’s services to the Production Company, thus, for the purposes of any and all applicable workers’ compensation statutes, no employment relationship exits between the Artist and the Crew on the one hand and the Production Company on the other since the Special Effects Contractor is the “general employer” of the Artist and Crew and the Production Company is merely their “special employer” as such terms are understood and used within the context of workers’ compensation law.
The rights, if any, of the Artist and/or any of the Crew’s heirs, executors, administrators, successors and assigns, against the Production Company or its employees, successors, assigns, parent, subsidiaries, affiliates, officers, directors, agents or licensees, relating to any injury, illness, disability or death arising out of or occurring during the course of the rendition of services hereunder are governed by and limited to those provided under such workers’ compensation statutes, and neither the Production Company nor its employees, successors, assigns, parent, subsidiaries affiliates, officers, directors, agents, or licensees shall have any other obligation or liability by reason of any such injury, illness, disability or death. If the applicability of any workers’ compensation statutes to the engagement of the Artist’s and/or the Crew’s services hereunder is dependent upon, or affected by, any election on their part or on the part of the Special Effects Contractor, such election may be made in favor of such application, it being expressly understood that such remedies and liabilities afforded hereunder are no less nor greater than those enjoyed by the Artist and the Crew had they been employed by the Production Company directly.
13. PARKING AND WORKING SPACES: If the Special Effects Contractor is required to provide services away from the Special Effects Contractor’s facility located at _________________, 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 Special Effects Contractor’s needs.
14. MISCELLANEOUS PROVISIONS:
(a) Assignment: The Production Company may transfer or assign this Agreement or all or any part of its rights hereunder to any person, firm or corporation, and this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of either of the parties hereto. No such transfer or assignment, however, shall relieve the Production Company of its obligations to the Special Effects Contractor hereunder unless the transferee or assignee shall be a member company of the Motion Picture Association of America (“MPAA”) and such company shall assume in writing such obligations. The Special Effects Contractor may assign its right to receive revenues hereunder, but otherwise it shall not assign any of its obligations or rights relating to this Agreement.
(b) Notices: All notices (and statements and payments, if applicable) shall be in writing and shall be given by the parties personally or by mailing (postage prepaid), or by telegraphing same to the appropriate party at the addresses set forth below:
For the Special Effects Contractor:
For the Production Company:
The date of receipt of such personal delivery, mailing or telegraphing shall be presumed to be not later than two (2) days following submission of such notice, statement or payment, properly addressed to the applicable carrier.
(c) Governing Law: This Agreement shall be governed by the laws of the State of _________________ applicable to agreements entered into and to be wholly performed therein.
(d) Additional Documents: The parties hereby agree to execute such additional document(s) as may be reasonably necessary or desirable in order for either of such parties to enforce their respective rights hereunder.
(e) Entire Agreement: This Agreement expresses the binding and entire agreement between the Production Company and the Special Effects Contractor and shall replace and supersede all prior arrangements and representations, either oral or written, as to the subject matter hereof.
(f) Arbitration: 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 attorney’s 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.
Executed at _________________, _________________ as of the date first above written.
SPECIAL EFFECTS CONTRACTOR
_________________ on behalf of
LIST OF LOANED PARTS
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