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Micro-Budget CREW CONTRACT

This document is a contractual agreement between a Crew and Producers regarding the Crew's involvement in a motion picture project. It outlines the responsibilities, payment terms, ownership of work, and conditions for termination, among other legal obligations. The agreement emphasizes that the Crew acts as an independent contractor and includes provisions for credit, confidentiality, and liability.

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PTG Films
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0% found this document useful (0 votes)
34 views5 pages

Micro-Budget CREW CONTRACT

This document is a contractual agreement between a Crew and Producers regarding the Crew's involvement in a motion picture project. It outlines the responsibilities, payment terms, ownership of work, and conditions for termination, among other legal obligations. The agreement emphasizes that the Crew acts as an independent contractor and includes provisions for credit, confidentiality, and liability.

Uploaded by

PTG Films
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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This agreement is entered into by and between ___________________________


(“Crew”) and _________________________________________________, representing
______________________________________________________, with their principal
offices in ___________________________________ (“Producers”) regarding terms and
conditions, pursuant to and inclusive of, Crew’s involvement in the production of the
motion picture project currently entitled _______________________________________
(the “Picture”).

1. Crew will be engaged in the capacity or position of ______________________


for the Picture, and hereby agrees to provide all services usually and customarily
rendered by and required of persons employed in the same capacity in the motion
picture industry, and such other services as may be required of Crew by
Producers, and such services will be executed in good faith and to the best of
their abilities, in willing collaboration with such persons as Producers may
designate at such times and places as they may require. In the event that Crew is
inexperienced or unfamiliar with such requirements, they hereby agree to
perform such tasks and duties reasonably understood to be necessary for the
successful completion of said position’s responsibilities as explained and set forth
by the Producers or other supervisory personnel.

2. Producers acknowledge they are not engaging Crew’s exclusive services


before or during actual filming of the Picture and that prior or subsequent
obligations may exist but that such obligations will at no time supersede or
eliminate the Crew’s responsibilities to the Picture. It is understood Crew shall
therefore be furnishing services on a non-exclusive but on a first-priority basis
until completion of principal photography.

3. Dependant upon position, Crew services will be engaged during the term of
pre-production and/or actual filming of the Picture and, as of this agreement, it is
understood and expected that pre-production will commence ________________
and that filming will commence on, or about ___________________ and
continue until on, or about _______________________. It is an obligation of
Crew to keep the Producers informed of Crew’s whereabouts at all times during
the period in which their services are required under this agreement. It is
understood that the Producers may, at their discretion, alter, change, or postpone
any or all dates previously referenced and such alterations in no way cancel this
agreement, or the obligations contained within, but in the event such changes
result in a delay or suspension exceeding 7 (seven) consecutive days it is
understood that either party may terminate this agreement, and may do so without
prejudice.
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4. Producer shall be the owner of all of the results and proceeds of Crew services in
relation to the Picture, including any copyright, trademark, and any other intellectual
property rights in any work or property created by Crew, or anyone under Crew’s
direction. Crew acknowledges their work is a “work made for hire” and therefore
Producers shall be the author and copyright owner of any work created under this
agreement. In the event that any proceeds of Crew’s work are not considered a work for
hire, then all copyright to such work is hereby assigned to the Producers. Producers shall
have the right to use Crew’s name, voice, picture, and likeness in connection with the
Picture, the advertising and publicizing thereof, and any promotional films thereof,
without additional compensation therefore.

5. Unless there are exceptions listed below as to advances, and provided they are not in
default of any part of this agreement and have performed all required services hereunder
through the completion of the production of the film, Crew shall receive, as full and
complete consideration for all services rendered and for all rights, consents and benefits
assigned and/or granted to the Producers under this agreement a fixed rate sum of
_______________________________ and/or a daily rate of ______________________
for each shooting day, or pre-production day for which their presence or best efforts are
required, but that such fee shall be deferred until after completion of the Picture, and the
Picture has begun to generate monies in relation to, but not exclusive of, distribution or
exploitation of the Picture including royalties, dividends, or payments of any kind arising
from theatrical distribution, television or broadcast sales, pay-per-view, saleable media
(such as DVD and Blu-ray), or Internet distribution and exploitation, and will be
collected as set forth below in paragraph 5a.

Any exception to the above is as follows: ______________________________________


and payable in two equal installments, with the first payment on or before the onset of
principal photography and the balance upon completion of shooting. This is an advance
against deferred fees and will be likewise deducted from any deferred sums collected.
If Crew is terminated from their position prior to completion of the Picture, for any
reason, they will not receive any additional advance payments (if entitled) nor will they
be entitled to deferred salaries in excess of actual days worked, nor any additional
percentages (if applicable).

5a. The first moneys received by the Producers for the Picture will be applied to
payment of all outstanding accounts payable for the production and distribution of
the Picture and/or repayment to the investors of the entire amounts of their
contributions actually expended for the production and distribution of the film
until paid in full, with all subsequent moneys being disbursed as repayment of all
voluntary contributions expended for the production of the Picture in the form of
deferred salaries and fees, and paid out proportionate to their actual percentage
relative to the final direct approved budget, until such contractual obligations have
been met.

6. As additional compensation above and beyond those listed above in paragraph 5, and
contingent upon the successful completion of all contracted services, Crew will also
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receive a share(s) of any net profits generated by the distribution or exploitation of the
Picture for the Producers including in relation to, but not exclusive of, any royalties,
dividends, or payments of any kind arising from theatrical distribution, television or
broadcast sales, pay-per-view, saleable media (such as DVD and Blu-ray), or Internet
distribution and exploitation. Net profits shall be determined in this instance as being all
subsequent moneys received by the Producers after all conditions in paragraph 5a have
been satisfied. Such payments will be equal to _____________% of profits payable to the
Producers or their Production Entities. Such share(s) as Crew is entitled to can thereafter
be transferred, assigned, or bequeathed, in whole or in part, by written notification
thereof to the Producers or their Production Entities. Payment of share(s) shall continue
in perpetuity and will be made on an Annual, Semi-Annual or Quarterly basis as
Producers, or their Production Entities receives such monies. Crew is responsible to pay
all applicable taxes and other assessments or levies of any kind due on the receipt of
income.

6a. It is understood and agreed that by accepting share(s) in the Picture that this is
done contingent with the agreement to grant, by proxy, all authority in matters
pertaining to shared participation in ownership, of any part, of the completed film,
whether of a general or an extraordinary business nature in all facets such as, but
not limited to, distribution, sales, advances or any matters financial, or otherwise,
to the Producers and having done so they forfeit any claim to voting privileges, or
any assignment of said privileges, accepting de-facto that the Producers will act,
at all times, in the best interest of the film. It is further understood and agreed that
its proxy is coupled with an Interest and that its proxy is irrevocable, does not
expire and will survive the death, disability, or incapacity of the shareholder. The
proxy will remain in effect in the event of the sale or transfer of the accepted
share(s) by the owner and any sale or transfer must be made with the
understanding of, and contingent upon, this condition.

7. It is understood that the Crew is acting as an independent contractor, or in a wholly


volunteer capacity, and as such shall receive a form 1099 (if applicable) at the beginning
of the year following receipt of wages or fees paid (if any) and no taxes will be withheld
from such wages or fees, and no social security taxes paid.

8. Producer's contractual credit obligations to Crew Re the Picture, and subject to Crew
performing all services required through completion of term, shall be as follows: crew
will be afforded credit in the main titles of the Picture on all copies of the film issued by
or under the control of the Producers and in all major paid advertising excluding the
customary industry exclusions. Pre-title or post-title position, as well as the size type and
placement of such credit shall be at Producer’s sole discretion. Credit shall read
_______________________________________________________________________

9. It is understood and agreed that at no time will the Crew pledge credit, order goods or
incur any liability on behalf of the Picture, nor hold themselves out as being entitled to do
so, without the Producers prior authorization.
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10. Crew will not directly or indirectly circulate, publish, disclose or otherwise
disseminate any information concerning, or materials presented to, or made available in
connection with, any facet of production of the Picture without the express consent of the
Producers. It is understood that any such action immediately renders Crew in breach of
this contract.

11. The use of alcohol or drugs during the hours Crew is actively working for the
Producers or on behalf of the Picture will result in Crew’s immediate termination and
renders them in breach of this contract.

12. With respect to liability, it is understood and agreed that while engaged in the making
of the Picture, either during pre-production or during shooting, the Producers will not be
held liable with regard to any loss or damage to Crew’s property whilst in transit to or
whilst at places where services are rendered under this agreement except to such extent, if
at all, as Producers may be able to enforce a claim for indemnity against a third party or
under any policy of insurance effected; or for any death or any personal injury or ailment
arising out of or in the course of engagement hereunder except to such extent, if at all, as
the same was due to Producers intentional negligence.

13. Until such time as is executed a more detailed document incorporating these and
other provisions standard for such agreements in the entertainment industry, this will
constitute an agreement binding on between Crew and Producers. This Agreement and
each party's obligations shall be binding on the representatives, assigns and successors of
such party. This Agreement constitutes complete understanding of the parties with
respect to the subject matter and supersedes all prior proposals, agreements,
representations and understandings with respect hereto. The failure of either party to
enforce its rights under this Agreement at any time for any period shall not be construed
as a waiver of such rights. If a court finds any part, term or provision of this Agreement
invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best
to effect the intent of the parties.

14. In the event a lawsuit is brought to enforce the terms of this Agreement, the
prevailing party shall be entitled to an award of its reasonable attorneys fees and costs.
No modification of this Agreement shall be effective unless it is in writing executed by
both parties.

IN WITNESS WHEREOF, the parties have executed this agreement effective as of the
date of the latest signature below:

______________________________________________ (Signature) Date: ___________


___________________________________________ (Typed or Printed Name)

______________________________________________ (Signature) Date: ___________


___________________________________________ (Typed or Printed Name)

______________________________________________ (Signature) Date: ___________


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___________________________________________ (Typed or Printed Name)

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