United States: Advertising and Marketing

TALENT AGREEMENT AND RELEASE

This will confirm the agreement between ____________________ (“Artist”) and ____________________ (“Agency”) as agent for _____________________ (“Client”).

1. ­SERVICES:

(a) Artist will be available on ________________ as required for a one day session to film one television commercial to take place at a time and place to be determined by Agency after consultation with Artist.

(b) Artist agrees to use of Artist’s name, picture and likeness in up to two different versions of the commercial on the terms provided in this agreement in connection with advertising for ________________________ (the “Products”).

2. ­MEDIA:          

Artist’s name, photograph and likeness may be used in television advertising for Client.

3. ­TERM:

(a) The initial term for the use of Artist’s name, picture or likeness shall be one year from the date of the session.

(b) Client shall have one option to extend the term for one additional year.

4. ­COMPENSATION:

(a) In full payment for the rights granted by Artist and services provided by Artist under paragraph 1, Client agrees to pay and Artist agrees to accept the sum of $50,000 payable within ten (10) business days of the session.

(b) In full payment for one additional year’s use as provided in paragraph 3(b) Client agrees to pay and Artist agrees to accept the sum of either $50,000 if use is limited to ____________ or $75,000 if use is for _______________, $50,000 payable within ten (10) business days after the expiration of the previous term and $25,000 payable, if used for _______________, within ten (10) business days after the first publication in advertising for a second product.

(c) All compensation will be applied against any applicable Guild Minimum at the rate of twice the applicable minimum scale.

(d) Client agrees to reimburse Artist for travel expenses incurred in connection with the session, including first class airfare and hotel and

5. ­REPRESENTATIONS AND WARRANTIES:

Artist represents and warrants that Artist is not now and shall not during the term of this Agreement or any extension of the term of this Agreement appear or grant any license to use Artist’s name, photograph or likeness in any merchandising, promotion or advertising services in connection with any product competitive with the Products.

6. ­INDEMNIFICATION:

Client agrees to indemnify Artist from and against any and all losses, damages, costs and expenses (including reasonable attorney’s fees), liabilities, fines and penalties resulting from any claims, proceedings, or actions (whether or not finally adjudicated, and including any settlements thereof) arising out of the use of advertising materials produced hereunder or the products or services advertised. 

7. ­RELEASE:

Artist shall have no right of approval except approval of the scripts for the commercials, no claim to additional compensation or benefits, no claim, including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity arising our of any use or any unintentional blurring, distortion, alteration, optical illusion, or use of composite form, of Artist’s name, picture or likeness, contingent upon said usage being consistent with the rights granted herein.

8. ­NOTICES AND PAYMENTS:

Notices and payments shall be sent to ___________________________________

____________________________________________ and checks shall be made payable to ____________________________________________.

9. ­MISCELLANEOUS:

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, licensees and assigns, except that Artist’s obligations may not be delegated.  This Agreement constitutes the entire agreement between the parties and no waiver, modification or addition to this Agreement shall be valid unless in writing signed by the parties.  This Agreement shall be governed by the laws of the State of California.

AGREED TO:

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