05/23/01 General Acting Artist’s Agreement - DREAM MASTERS STUDIOS Limited Liability Company
ADULT
ACTING ARTIST’S AGREEMENT AND PHOTOGRAPHIC RELEASE FORM
- THIS AGREEMENT, made this ______________ day of _______________, 20____ between DREAM MASTERS STUDIOS, L.L.C. herein after referred to as "Producer", whose registered address is 9327 Corregidor, St. Louis, Missouri, 63134 and whose voice mail is (314) 423-2827, and whose e-mail address is dmsllc@its-dms.com, and the below named actor:
______________________________________________________, hereinafter referred to as "DMSAA;"
WITNESSETH
SECTION 1.
PRODUCTION, ROLE
PRODUCTION:
Nature of Productions:
- It is understood that productions under the creative control of the Producer are produced from the “best films” definition that says The best films made are about the human experience, or, in other words, from a point of true realism, not censorship. Producer will not shy away from scenes that may be considered politically incorrect, violent, or scenes in which nudity or sex are natural to the characters, scene or story line. In signing this Agreement, the DMSAA is stating
- that they have no issues with being associated with a production that may involve scenes that are, or may be may be viewed by a sector of the public, as described above.
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Copyright and Ownership:
- It is understood that the production titled "The UTIA Connection" herein called "Production" is a continuation of the copyrighted story titled The UTIA Connection listed in the Library of Congress under the name of executive producer Joseph Palermo. It is further understood that all characters created in "Production" are the intellectual property of Joseph Palermo as well.
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Intended Release:
- It is understood that the "Production" is being produced for a minimum streaming video release via the Internet and that as the story line proves itself to viewers and develops a following it is entirely possible that the production will be taken to a more sophisticated form for release through the medias of television or cinematic release, whether celluloid or digital means.
ROLE:
- Producer acknowledges acceptance of DMSAA as follows:
- A) To portray the named character ____________________.(herein referred to as "Role");
B) To act as background extra in scene; ___________________________________________
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- Role Evolution
- It is understood that the Role is new and unique, and its creation has yet an entire life to it for growth, which the DMSAA is encouraged to assist in within the parameters of the characterization being established by the creator.
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- Role Inclusion In Storyline:
- It is understood that said Role may come and go according to the storyline as it realistically develops per the series creator, or the writing staff if the creator is incapacitated. DMSAA is guaranteed that the Role will always be written from a standpoint of substance and not just for commercial outcome.
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- “Outside of Production” Role Use By DMSAA
- It is understood and acknowledged that should a DMSAA do such acting artist work with the Role that such performance becomes an unquestionable public icon (an image, such as a "Mr. Spock" from the original TV series "STAR TREK"), then that particular DMSAA will have the right to “good, and proper taste” public appearances as said Role; for personal earnings, or for such organizations or agencies involved in public assistance as long as said appearance's) does not promote any form or image of hate.
SECTION 1A:
COMPENSATION, DISTRIBUTION OF EARNINGS, AND GUARANTEE
COMPENSATION:
- The compensation established here is understood to be the following:
- $100 per scene wherein standard acting is required.
- $150 per scene wherein standard acting and nudity is required [“nudity” referring to the current motion picture industry standard wherein the character is scripted to have top or bottom genitalia in view of the camera lens]
- $200 per scene wherein standard acting, nudity and sexual acting is required [“sexual acting” referring to performances wherein the character is scripted to go beyond hugging, kissing, or snuggling and into a performance level involving either “acts of foreplay” (apply their hands, mouths, or other body parts to their co-actor’s body, from the area of the breast down to the thigh area, front or back), or to the point where actor‘s are simulating the “act” of intercourse]
- In the availability, or absence of, cash budget, DMSAA may option to execute their performance in lieu of cash payment in order to advance production of the program. In such a case, the DMSAA will benefit as an actual investor would in that any and all moneys expended such as for gasoline or food, which are approved by the producer, acts as an additional investment in the DMSAA’s segment as an investor, and thus entitles DMSAA to compensation as though an investor in said segment. Compensation for cash investors is “first in line earnings” wherein occurs 100% return on original investment plus 50% of original investment (i.e. Should an investor come in for $1000, that investor would be entitled to “first in line earnings“ of $1000 back plus $500 after which all other earnings pools receive distribution earnings.
- DMSAA understands and acknowledges that the Production is being produced for world wide release in sa many possible venues as possible; release in the form of online streaming video will at least be via the online platform of Real Player; that Real Player devices have been down loaded by at least 100 million people worldwide; that their performance may be seen by these masses.
- Should DMSAA be (1) UNDULY unavailable, (2) have declined further performance in the ROLE for the next segment (3) due to that unavailability or declination of performance, Producer finds it necessary to replace DMSAA, then DMSAA agrees that the replacement DMSAA will earn and be the recipient of the same percentage previously agreed to for DMSAA for that segment; It is also understood that all "identified DMSAAs" (meaning DMSAAs with dialog) will earn, for the term of this agreement and according to the requirements of the role accepted, a pro-rated share per the following table:
- 8.3% Earnings pool equally split between writer, producer, director,
- editor, music
- 21.7% Equally split between the principle actors
- 8% Equally split between supporting actors
- 1.5% Equally split between bit players
- 1.5% Equally split between all extras
- 2% Equally split between stunt players
- 2% Equally split between the technical crew
- 2% Equally split between the post-production crew
- 2% For Marketing
- 2% For Sales
- 25.3% To Dream Masters Studios, LLC.
- 23.7% To "items purchase" budget for established charities regarding
- the subject matter of the project.
- If there is a category that is not applicable to a production (perhaps there are no stunt players, or bit players) then that percentage earning is equally divided into the remaining categories.
Regarding “Earnings Percentages,” the following is understood by DMSAA:
- If a cash investor is involved in the funding of the production, the cash investors earns back 100% before any earnings percentages will begin to be distributed to any other earnings pools. Home entertainment product (videos, streaming video CD’s, or DVD’s, or pay-per downloads) have a “Unit Cost” attached to them and that “Earnings Percentages” begin after both the costs associated with “Unit Costs” have been derived and after at least 1,000 units have been sold.
- It is also understood that any percentage payments due to DMSAA's agent, management or other authorized representation is DMSAA's responsibility, unless Producer has a previous contractual agreement with said agent, management or other industry representative.
DISTRIBUTION OF EARNINGS:
- It is understood that all moneys for distribution are collected through DMS, LLC are deposited and held in an escrow account of appropriate Description (i.e. DMS UTIACON WEB1) at the Commercial Bank of Westport in Maryland Heights, Missouri.
- It is agreed that DMSAA will receive a quarterly product earnings report, based on the account report issued by the Commercial Bank of Westport, regarding this particular production, by e-mail.
- It is agreed between DMSAA and Producer that upon the initial purchase, purchase to mean that payment has been received and bank cleared by Producer, of at least 1,000 units, that earnings distribution will commence on the next accounts payable date (15th of the month) and will continue on a quarterly basis.
- It is also agreed between DMSAA and Producer that should DMSAA, or their representation, find any discrepancies between their records and Producer’s, that DMSAA will bring this to the attention of the Producer within 24 hours of the realization and will allow 30 days for the discrepancy to be rectified.
- It is also agreed that should DMSAA’s representatives desire an earnings audit that it will be restricted to the production in question and that all costs will be borne by DMSAA’s representation.
GUARANTEE:
- It is understood that should the Production sell in such a manner that an additional production that continues the original story line and also carries forward this particular character be slated for production, and should original DMSAA still be living, physically able and interested in re-creating the character for performance in the additional production, and should it be the Producer’s wish to utilize the DMSAA again in same role, DMSAA is guaranteed "first right of refusal" to recreate the role herein named;
- It is understood and agreed between Producer and DMSAA that DMSAA will have the same payment/investment option as previously agreed.
SECTION 2. TERM
The term of this contract is:
- Movies in which this Role is written in;
- Perpetual earnings based on “per movie” sales
SECTION 3.
DMSAA'S CONTACT ADDRESS AND PHONE NUMBER:
- It is understood to be the DMSAA's responsibility to keep Producer aware of their current contact address or phone number, if different than that reported in this contract, by means of certified mail in order to fulfill the terms of this agreement. If at anytime Producer should be unable to contact DMSAA for a period of three months (72 mail days), with the exception of extenuating circumstances (such as amnesia, comatose state, kidnapping, etc.) this agreement will be considered terminated and at such time, any and all future earnings due to DMSAA are to be absorbed into the cost of continuing marketing and sales of the product involved.
All notices which Producer deems necessary to give to DMSAA are to be sent to:
__________________________________________________________________________
or may be called in to ______________________ or may be e-mailed to _________________
- be given in person to DMSAA by Producer or authorized agent or assign with a signed receipt showing original signature of DMSAA having received said notices.
SECTION 4: TECHNICAL AND PRODUCTION STAFF
- It is understood and agreed that, in the absence of cash investors and accessible crew, DMSAA may offer and render other services to the production as Producer may request and accept, and that DMSAA may agree to such with additional reasonable percentage compensation.
SECTION 5: REHEARSAL AND PERFORMANCE TIMES
- It is understood that both rehearsals and performances are being scheduled to accommodate, on a best effort basis, the working and personal schedules of the cast and crew members. Shooting may need to occur at odd times of the day or night, on weekends or weekdays, and with as few as one performer on set for their individual shots.
- The DMSAA agrees that they will make themselves available provided there is no emergency occurring that demands their absence from production such as illness or injury to DMSAA.
- It is also understood that one evening in the week prior to each weekend of production will be needed for pre-production needs towards the coming wekend of production.
SECTION 6: COMPLETE AND PROFESSIONAL WORK
- It is understood that DMSAA will carry out their work to the fullest extent directorially requested of them, within the confines of the agreed upon scripting and any changes made through either the DMSAA’s and director’s artistic discovery, as may be ordered by the director of the PRODUCTION herein referred to.
- It is also understood that complete and “professional work” is required throughout the entire process, from auditions through pre-production, production and post-production, and for any instances of promotions. Such “professional work” is to include promptness in arrival at meetings or shooting locations as call times dictate (unless otherwise noted on last minute changes in schedules), carrying an upbeat, positive attitude during work time and around visitors to the set, courteousness to fellow DMSAAs and Crew/Personnel members, and 100% focus on your work at hand.
- Should DMSAA exhibit any behavior less than above described, DMSAA may be penalized according to the evaluation of the problem by the director and the recommendation of the producers. Such penalty will take the form of the loss of that segments earnings.
- Should it become necessary to release DMSAA from their commitment to this role due to undesired behavior, or criminal conviction, then DMSAA will loose 100% of revenues for the then current segment in which they are participating.
- It is to be understood by DMSAA that productions under partial or complete control of DMS, LLC. are considered a ZERO TOLERANCE zone for DMSAA’s regarding any actions considered illegal by local, state or federal law, whether performed during or outside of participation hours, from the day rehearsals start to the day the DMSAA‘s performance, including voice-overs, or publicity
- activities for said project are completed. Discovery of any such activities by any DMSAA participant of a DMS, LLC project are to be reported immediately to DMS, LLC. Executive Producer, Joseph Palermo, for consideration of complete termination of this agreement and the summoning of law enforcement.
SECTION 7: PROMOTION OF PRODUCTION
- It is understood and agreed that there may be a request for DMSAA to assist in promotion of the Production in order to generate awareness, viewership and sales. It will be considered a contractual requirement for DMSAA to render such service on a limited basis as denoted by the Producer. If DMSAA is under or pending a compensatory obligation from another source on the scheduled date or promotion, it will be at the discretion of the DMSAA as to the amount of participation in a promotional event. Promotional event is defined as, but not limited to, on-set media interviews, or “staged publicity” photography, post-production media interviews, and personal appearances.
- SECTION 8: PHOTOGRAPHIC AND SOUND RECORDED LIKE
- NESS RELEASE
- DMSAA hereby gives Producer, his/her agents, associates or assigns in connection with DREAM MASTERS STUDIOS, L.L.C. the absolute and irrevocable right and permission to sell, transfer, publish, copyright, use and reuse in its original form or altered and retouched form in any manner whether in whole or in part, whether in conjunction with my own or a fictitious name, forever and throughout the world, in connection with the original photographs, videos, negatives, transparencies and/or duplicates, he/she has taken of me or in which I am included with others. I also consent to and grant the right for the use in any printed matter in conjunction with the foregoing and I waive any and all rights to inspect or approve the finished product and release, discharge and agree to save Producer and his/her agents, associates or assigns, harmless from any claim or liability in connection with said images of me.
SECTION 9: PERSONAL AND PHYSICAL LIABILITY
- It is understood and acknowledged by DMSAA and Producer that no insurance, or bonding, accompanies this production and that DMSAA releases and holds harmless Producer, it's agents, associates or assigns, and property owners from any civil litigation in the instance of any accidents or injuries. Any remedies, and their costs, sought out and acted on, for physical, mental or emotional injuries accidentally suffered by DMSAA in strict conjunction with this production will be borne by DMSAA.
SECTION 10: LEGAL
- Should any part of this Agreement be deemed in a court of law to be inconsistent or flawed according to “current law” (“current law” to mean the laws in existence as of the date this Agreement is signed) , then it will be deemed that the portion of this agreement that does not concur with the “current law” will be deemed to mean, and be exacting of what the “current law” is.
SIGNATURE PAGE
- IN WITNESS WHEREOF, the parties have made this agreement on the date a year shown on Page 1 of this agreement and by signing below indicate in truest faith and consideration that DMSAA and Producer will perform to fulfill the terms of this agreement.
PRODUCER:_______________________________/_______________________________
(Printed) (Cursive)
Date:_____________
DMSAA:__________________________________/_______________________________
(Printed) (Cursive)
Date:____________
Guardian if under 18 years of age:
____________________________________/____________________________________
(Printed) (Cursive)
Date:_____________
DMSAA'S RATE OF EARNINGS SCHEDULE
EXHIBIT A
- ITEM 1: The DMSAA's Rate of Earnings comes from an allocated pool of earnings, PER THE POSITION of the DMSAA in the PRODUCTION, from the *sale, in any way, shape or form, of the finished product (this is not inclusive of any revenues derived from advertisers or sponsors, in any way, that become part of the project, with the exception of DMSAA‘s who elect to execute their performances as investors.).
- IN EXAMPLE: If this particular webisode saw end of quarter earnings of $100,000, 21.7%, or $21,700 would be put aside in the DMSAA's Rate of Earnings Account for quarterly distribution.
- If the DMSAA’s character is one of five principle DMSAAs, 21,700 / 5 = $4,340.as their share of the earnings pool.
