Crew Deal Memo
CREW DEAL MEMO
PRODUCTION COMPANY: __________
MOTION PICTURE: _____________________
START DATE: POSITION: _____
FREELANCE CONTRACTOR NAME: _____
ADDRESS:
PHONE: Home: Cell:
SOCIAL SECURITY/FED I.D. NUMBER:
***********************
(items below to be completed by production company only)
COMPENSATION: per day flat
OR
Flat fee
SCREEN CREDIT:
OTHER TERMS:
This Deal Memo shall confirm the agreement between the above-named freelance contractor
(“Contractor”) and (“Company”), in connection with the motion
picture presently entitled “ “ (“the Picture”). For good and valuable
consideration, the receipt of which is hereby acknowledged, Company and Contractor agree as
follows:
SERVICES: Contractor shall render services hereunder from the Start Date, which are usual and
customary of the services required of a person employed in this capacity in the motion picture
industry, and shall render such services exclusively to Company thereafter through the
completion of Contractorʼs services as determined by Company. Contractorʼs services in the
position stated above shall be rendered to the best of Contractorʼs ability and as Company directs
in its sole discretion, including, without limitation, all matters of taste and judgment.
PAYMENT: Production services fees shall be paid to Contractor within 30 days after Companyʼs
receipt of Contractorʼs invoice. Pay date may be delayed by reason of an intervening federal or
state holiday. Employee shall not receive any overtime, turnaround or other hourly payments.
Paid work on a day off or a holiday must be approved in advance by Company and will be paid at
the normal rate provided for by this Deal Memo.
IMMIGRATION REFORM AND CONTROL ACT OF 1986 (IRCA): Employment (or the
engagement of services) hereunder is subject to Contractor providing the requisite documents
required by IRCA and completing and signing the required Form I-9 pursuant to IRCA Section
274a.2. Contractor shall comply with the immigration verification employment eligibility provisions
required by law.
INSURANCE: Contractor shall be covered under New York Stateʼs Workerʼs Compensation
policy during the period Contractor renders services pursuant hereto. Contractor is responsible
for liability and collision insurance and deductibles on her/his personal vehicle used in conjunction
with their employment.
PURCHASES: All purchases, rentals and other expenses incurred must be made with prior
approval by Company.
Petty Cash: If Contractor is given a petty cash float, Contractor is responsible for returning
receipts, remaining cash, or a combination thereof upon completion of the job. A purchase order
or check request is needed for all rentals or non-cash purchases. All purchase orders or check
requests must be approved by Company in writing. If Contractor is assigned a walkie-talkie,
pager, or any other equipment, Contractor shall be responsible for returning same to Company in
good working order. Contractor hereby authorizes Company to deduct from Contractorʼs final
payroll check any outstanding balance in Contractorʼs petty cash advance fund and any costs of
repair or replacement of any equipment assigned to Employee accrued as a result of Contractorʼs
negligence.
RENTALS: CONTRACTORʼS KIT/BOX AND EQUIPMENT IS SOLE RESPONSIBILITY OF
CONTRACTOR. COMPANY ASSUMES NO RESPONSIBILITY FOR SAME. Any rentals from
Contractor must be approved by Company and must be documented at the time of hire with a
rental agreement.
CREDIT: Unless otherwise specified in this Deal Memo, all aspects of screen credit are at
Company's sole discretion.
TERM: Unless expressly provided elsewhere in this Deal Memo, Contractor's employment
hereunder shall not be for a "run of the show" or for any guaranteed period of employment.
Company reserves the right to discharge Contractor at any time, subject only to the obligation to
pay the balance of any guaranteed compensation due provided that Contractor is not in material
breach of its obligations hereunder. Company will attempt to notify Contractor a minimum of
twenty-four (24) hours in advance of termination of employment. Use of alcohol or drugs during
hours of employment will result in Contractor's immediate termination. This agreement is subject
to immediate suspension and/or termination (at Company's election) without further obligation on
the part of Company in the event of any incapacity or default of Contractor or in the case of any
suspension, postponement or interference with the production by reason of labor controversy,
strike, earthquake, act of terrorism, act of God, governmental action, regulation, or decree or for
any other customary force majeure reason. The expiration or termination of this Deal Memo
shall not affect the ownership by Company of the rights granted herein.
WORK-FOR-HIRE: Company shall be the owner of all of the results and proceeds of Contractor's
services, including any copyright, trademark and any other intellectual property rights in any work
or property created by Contractor, or anyone under Contractor's direction. Contractor
acknowledges that Contractor's work is a "work made for hire" within the scope of Contractor's
employment, and therefore Company shall be the author and copyright owner of any work
created under the Deal Memo. Contractor expressly waives any rights of droit moral that may be
afforded Contractor under the laws of any country in connection with the Picture. If Contractor
shall hereafter be deemed to own any rights in or to the Contractor, Contractor hereby assigns
such rights to Company and further agrees to execute any documents required by Company to
effectuate such intent.
PUBLICITY: Company shall have the right to use Contractor's name, voice, picture and likeness
in connection with the Picture, the advertising and publicizing thereof, and any promotional films
or clips respecting the Picture without additional compensation therefore. Contractor shall not
directly or indirectly circulate, publish or otherwise disseminate any news story, article, book or
other publicity concerning the Picture, or Contractor's or others' services without Company's prior
written consent, provided that Contractor may issue personal publicity mentioning the Picture so
long as such references are not derogatory. Contractor has permission to show a videotape of
Picture in connection with seeking future employment. Admittance of any guests to the set are at
the sole discretion of Company.
ARBITRATION: This Agreement shall be interpreted in accordance with the laws of the State of
New York, 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 AFMA, as 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 AFMA 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 New
York 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 attorneys' fees and expenses. The arbitration will be held in
New York and any award shall be final, binding and non-appealable. The Parties agree to accept
service of process in accordance with the AFMA Rules.
AVAILABILITY: Contractor will advise Company of Contractor's whereabouts so that Contractor
may be reached at any reasonable hour of the night or day.
ENTIRE AGREEMENT: This Deal Memo sets forth the entire understanding of the parties
regarding the subject matter and may not be amended except by a written instrument signed by
the parties. Any added conditions on the front of this Deal Memo inconsistent with the conditions
of employment detailed in the body of this agreement shall be null and void.
NO OBLIGATION TO PRODUCE: Company will not be obligated to produce or release the
Picture, or to use the results of Contractorʼs services.
ASSIGNMENT: Company shall have the right to transfer or assign its rights and obligations
pursuant to this Deal Memo to any other person, firm, or corporation, and upon such assignment
shall be relieved of its obligation to Contractor.
HOLD HARMLESS: Contractor shall indemnify and hold Company harmless from and against
any and all loss, claim, liability, judgment, cost or expense suffered by Company for any breach
or default of this Deal Memo by Contractor.
CONTRACTOR ACCEPTS ALL CONDITIONS OF EMPLOYMENT AS
DESCRIBED ABOVE
AGREED TO AND ACCEPTED:
Date:___________
CONTRACTOR
Date: ___________
PRODUCER
