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12/12/01 General Production and Tech Crew Agreement - DREAM MASTERS
STUDIOS Limited Liability Company
 PRODUCTION/TECH CREW
AGREEMENT
- 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 fax number is 1-253-276-9044, and whose e-mail address is dmsllc@its-dms.com,
and the below named:
______________________________________________________,
hereinafter referred to as
"DMS-P/TC;"
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 DMS-P/TC
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.
---------------------------------
Copyright and
Ownership:
- It is understood that the
production titled "The UTIA Connection" herein called "Production"
- is a copyrighted screenplay
of same name 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.
----------------------
Intended Release:
- It is understood that the
"Production" is being produced as an ongoing series for Internet
- release 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.
POSITION:
- Producer acknowledges
acceptance of DMS-T/PC as follows:
-
- Specific position:
___________________________________________
SECTION 1A:
COMPENSATION, DISTRIBUTION
OF EARNINGS
COMPENSATION:
- The compensation established
here is understood to be the following:
- $____ per scene.
-
- In the availability, or
absence of, cash budget, DMS-P/TC may option to execute
- the duties of their accepted
position in lieu of cash payment in order to advance
- production of the program.
In such a case, the DMS-P/TC 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
- DMS-P/TC’s segment as
an investor, and thus entitles DMS-P/TC to compensa-
- tion 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 in-
- vestor would be entitled to
“first in line earnings“ of $1000 back plus $500 after
- which all other earnings
pools receive distribution earnings.
-
- Should DMS-P/TC be (1)
unavailable, (2) have declined participation in said
- position, or (3) due to that
unavailability or declination of performance, Producer
- finds it necessary to
replace DMS-P/TC, then DMS-P/TC agrees that the
- replacement DMS-P/TC will
earn and be the recipient of the same percentage
- previously agreed to for
DMS-P/TC for that segment;
-
- It is also understood that
all DMS-P/TCs 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
- 5%
Location Owners
- 22.8%
To Dream Masters Studios, LLC.
- 21.2%
To "items purchase"
budget for established charities
-
regarding the subject matter of the project.
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- 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 DMS-P/TC:
- 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.
-
- Said cash investors will
earn from 50% of the Dream Masters Studios, LLC. in a
- pro-rated fashion determined
by the overall, final cost of production, and online
- viewing availability
expenditures.
DISTRIBUTION OF EARNINGS:
- It is understood that all
moneys 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 DMS-P/TC
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
DMS-P/TC 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 DMS-P/TC and Producer that should DMS-P/TC, or
- their
representation, find any discrepancies between their records and Producer’s,
- that DMS-P/TC 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 DMS-P/TC’s representatives desire an earnings audit that
- it will be restricted to the
production in question and that all costs will be borne by DMS-
- P/TC’s representation.
SECTION 2. TERM
The term of this contract
is:
- Perpetual to this particular
movie.
SECTION 3.
DMS-P/TC'S CONTACT ADDRESS
AND PHONE NUMBER:
- It is understood to be the
DMS-P/TC'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 DMS-P/TC
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
- DMS-P/TC 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 DMS-P/TC are to be sent to:
__________________________________________________________________________
or may be called in to
______________________ or may be e-mailed to _________________
- be given in person to
DMS-P/TC by Producer or authorized agent or assign with a signed
- receipt showing original
signature of DMS-P/TC having received said notices.
SECTION 5: RUN THROUGH AND
PRODUCTION TIMES
- It is understood that both
run through and production times 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 DMS-P/TC 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 DMS-P/TC.
-
- It is also understood that
there will be scheduled on night of the week preceeding the
- weekend of shooting for
purposes of pre-production towards the coming weekend's
- production inclusive of
needed technicians and actors.
SECTION 6: COMPLETE AND
PROFESSIONAL WORK
- It is understood that
DMS-P/TC 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
DMS-P/TC’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-produc-
- tion, and for any instances
of promotions. Such “professional work” is to include prompt-
- ness 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 DMS-P/TCs and
- DMSAA's, any VIP's on set,
and 100% focus on your work at hand.
-
- Should DMS-P/TC exhibit any
behavior less than above described, DMS-P/TC may be
- penalized according to the
evaluation of the problem by the director and the recommen-
- dation of the producers.
Such penalty will take the form of the loss of that segments earnings.
-
- Should it become necessary
to release DMS-P/TC from their commitment to this position
- due to undesired behavior,
or criminal conviction, then DMS-P/TC will loose 100% of
- revenues for the then
current segment in which they are participating.
-
- It is to be understood by
DMS-P/TC that productions under
- partial or complete
control of DMS, LLC. are considered a ZERO TOLERANCE
- zone for DMS-P/TC’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 DMS-P/TC‘s position is concluded.
- Discovery of any such
activities by any DMS-P/TC 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 9: PERSONAL AND
PHYSICAL LIABILITY
- While there may be stunts
for the role DMS-P/TC is engaged for, it is understood and
- acknowledged by DMS-P/TC and
Producer that no insurance, or bonding, accom-
- panies this
production.
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
- and year shown on Page 1 of
this agreement and by signing below indicate in truest
- faith and consideration that
DMS-P/TC and Producer will perform to fulfill the terms of
- this agreement.
PRODUCER:_______________________________/______________________
(Printed) (Cursive)
Date:_____________
DMS-P/TC:__________________________________/____________________
(Printed) (Cursive)
Date:____________
Guardian if under 18 years
of age:
____________________________________/___________________________
(Printed) (Cursive)
Date:_____________
DMS-P/TC'S RATE OF EARNINGS
SCHEDULE
EXHIBIT A
- ITEM 1: The DMS-P/TC's Rate
of Earnings comes from an allocated pool of
- earnings, PER THE POSITION
of the DMS-P/TC 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 DMS-P/TC‘s who elect to execute
- their performances as
investors.).
-
- IN EXAMPLE: If this
particular webisode saw end of quarter earnings of
- $100,000, two percent (2%),
or $2,000 would be put aside in the DMS-
- P/TC's Rate of Earnings
Account for quarterly distribution.
-
- If the DMS-P/TC’s is
one of ten production/tech crew people DMS-P/TCs,
- 2,000/10 = $200 as their
share of the earnings pool for that quarter.
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