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LEGAL DISCLAIMER

The copyright in and to the sample contracts herein is owned and retained by the originator
of the work (“the Owner”). These sample contracts and documents have been created for
your general information only. The Owner, the authors, and the publishers cannot therefore
be held responsible for any losses or claims howsoever arising from any use or reproduction.
Nothing in this document should be construed as legal advice. The information provided and
the sample contract and documents are not a substitute for consulting with an experienced
entertainment lawyer and receiving counsel based on the facts and circumstances of a
particular transaction. Furthermore case law and statutes and European and International law
and industry practise are subject to change, and differ from country to country.

This contract has been compiled by solicitors who wish to emphasise that these notes and
agreements are not a substitute for specific legal advice and are designed for very general
guidance only.

Crew Agreement

This is a guideline only and should not be relied upon without taking legal advice.

Dated:
PRODUCER: (“the Producer”)
Address:

CREW MEMBER:(“the Crew Member”)


Address:

FILM TITLE:(“the Film”)

1. Services: The Producer hereby engages the Crew Member and the Crew Member
undertakes and agrees to render to the Producer his/her services (hereinafter called “the
Services”).

2. The Period of Engagement shall commence on or about .......................................


(hereinafter called “the Start Date”) and shall continue until the earlier of;
a) completion of the Film in all respects ready for delivery to the principal distributor of the
Film
b) termination of the Crew Member’s engagement pursuant to the provisions of this
agreement

3. Payment: Subject to the provisions of this Agreement and the observance and
performance by the Crew Member of all his obligations under it the Producer shall pay to the
Crew Member the sum of ...................................... per week/ day (or a fixed amount), for all
services rendered by the Crew Member in respect of the Film and for all rights in the
products of such services
b) all sums payable to the Crew Member under this agreement are exclusive of Value Added
Tax (“VAT”). The Producer shall pay such VAT as is properly charged by the Crew Member
promptly following receipt of the Crew Member’s tax invoice.
c) The Producer is expressly authorised by the Crew Member to deduct and withhold from all
sums due to the Crew Member all deductions (if any) in accordance with local laws and
regulations from time to time applicable
d) all sums payable under this clause 3 shall be paid directly to the Crew Member, whose
receipt shall be a full and sufficient discharge to the Producer.
e) the Crew Member acknowledges that the remuneration provided under this clause 3 shall
be inclusive of all guild and union minimum basic fees, overtime and all residual repeat and
re-run payments, direct or indirect employment and like taxes and state governmental and /
or social security contributions.

4. Expenses: All payments of pre-approved expenses to the Crew Member will be issued on
a weekly basis by the Producer on provision of relevant invoice therefor.
5. Duration of Filming: The filming week shall be a 6 day week where the Producer may
nominate such 6 days as in any week but the Crew Member shall not be required to work
more than 7 consecutive days without receiving the next consecutive day off. A Filming day
will not exceed 14 hours inclusive of meal breaks. Any hours worked in excess of the said 14
hours will at the Producer’s sole election either be carried over to the following day or a
payment of a pro rata hourly rate shall be paid to the Crew Member on the pay day next
falling due.

6. Rights/consents: 6.1 The Crew Member with full title guarantee assigns and grants to the
Producer the whole of the Crew Member’s property right, title, interest in and to the Film and
the entire copyright and all other rights in and to all products of the Crew Members services
in connection with the Film including all vested future and contingent rights to which the Crew
Member is now or may hereafter be entitled under the law in force in any part of the universe
for the Producer’s use and benefit absolutely for the full period or periods of copyright
throughout the universe including all reversions, revivals, renewals and extensions created or
provided by the law of any country. The Crew Member undertakes to execute all such
documents and takes all such steps as may from time to time be necessary to secure to the
Producer the rights in this clause 6.1

6.2 The Producer shall have the right to make, produce, sell, publicly exhibit, lease, license,
hire, market, publicise, distribute, exhibit, diffuse, broadcast, adapt and reproduce
mechanically graphically electronically or otherwise howsoever by any manner and means
(whether now known or hereafter devised) the Film and all products of the Crew Member’s
services throughout the universe; to permit any third party to exercise any of such rights in
the sole discretion of the Producer.

6.3. The Crew Member hereby irrevocably and unconditionally waives all rights relating to the
Crew Member’s services in the Film to which the Crew Member is now or may in the future
be entitled pursuant to the provisions of Section 77 80 84 and 85 of the Copyright, Designs
and Patents Act 0f 1988 and any other moral rights to which the Crew Member may be
entitled under any legislation now existing or in the future enacted in any part of the world.

7. Crew Member’s warranties: The crew member hereby warrants, undertakes and agrees
that;

7.1 the Crew Member is free to enter into this agreement and has not entered and will not
enter into any arrangement which may conflict with it

7.2 the Crew Member will render his/her services in willing co-operation with others in the
manner required by the Producer and in accordance with the production schedule established
by the Producer.

7.3 The Crew Member shall not without consent in writing of the Producer issue any publicity
relating to or otherwise reveal or make public any financial, creative or other confidential
information in connection with the Film or the terms of this agreement or the business of the
Producer and will not knowingly commit any act which might prejudice or damage the
reputation of the Producer or inhibit the successful exploitation of the Film

7.4 The Crew Member is in a good state of health and shall use his/her best endeavours to
remain so during the continuance of this agreement

7.5 the Producer shall have the right to make the Crew Member’s services available to third
parties and the Crew Member will co-operate fully with such third parties and follow all lawful
directions and instructions of such third parties

7.6 The Crew Member shall at all times throughout his/her engagement keep the Producer
informed of their whereabouts and telephone number
7.7 The Crew Member will not on behalf of the Producer enter into any commitment contract
or arrangement with any person or engage any person without the Producer’s prior written
consent

7.8 The Crew Member shall willingly and promptly co-operate with the Producer and shall
carry out such services rendered by the Crew Member as when and where requested by the
Producer and follow all reasonable directions and instructions given by the Producer

7.9 the Crew Member shall attend at such locations and times as are reasonably required by
the Producer from time to time

7.10 the Crew Member shall comply with and observe all union rules and regulations and all
the formal agreements, rules and regulations relating to safety, fire, prevention or general
administration in force at any place in which the Crew Member shall be required by the
Producer to render any services

7.11 Upon the expiry of earlier termination of the Crew Member’s engagement, the Crew
Member will deliver up to the Producer all scripts, photographs and other literary or dramatic
properties all film materials and all other properties, documents and things, whatsoever
which the Crew Member may have in the Crew Member’s possession or under the Crew
Member’s control relating to the Film

7.12 the Crew Member shall indemnify the Producer and keep it fully indemnified against all
proceedings, costs, claims, awards, damages, expenses (including without limitation legal
expenses) and liabilities arising directly or indirectly from any breach of the Crew Member’s
undertakings, obligations or warranties hereunder

8. Credit: Subject to the Crew Member rendering their services under the terms of this
agreement, the Crew Member shall be given credit on the Film. The Producer shall
determine in it’s discretion the manner and mode of presentation of the Crew Member’s
credit. The Producer shall not be obliged to accord credit to the Crew Member in any other
method of advertising or publicity. No casual or inadvertent failure by the Producer or any
third party to comply with providing credit, and no failure by persons other than the Producer
to comply with their contracts with the Producer shall constitute a breach of this Agreement
by the Producer. The rights and remedies of the Crew Member in the event of a breach of
this clause 8, by the Producer shall be limited to the rights (if any) to recover damages in an
action at law and in no event shall the Crew Member be entitled by reason of any such
breach to enjoin or restrain or otherwise interfere with the distribution, exhibition or
exploitation of the Film.

9. Producer’s liability: The Producer shall not be liable for any loss of or damage to any
clothing or other personal property of the Crew Member whether such loss or damage is
caused by negligence or otherwise howsoever except to the extent that the Producer
receives compensation from an insurance company or other third party.

10. Waiver: No waiver by the Producer of any failure by the Crew Member to observe any
covenant or condition of this agreement shall be deemed to be a waiver of any preceding or
succeeding failure or of any other covenant of condition nor shall it be deemed a continuing
waiver. The rights and remedies provided for in this agreement are cumulative and no one of
them shall be deemed to be exclusive of the others or of any rights or remedies allowed by
law. The rights granted to the Producer are irrevocable and shall not revert to the Crew
Member under any circumstances whatsoever. In the event that the Producer terminates or
cancels (or purports to terminate or cancel) this agreement or any other agreement entered
into by and between the Producer and the Crew Member (and even if such cancellation or
termination or purported termination or cancellation is ultimately determined by a court to
have been without proper or legal cause or ultimately determined by such a court that the
Producer committed any material breach of any such agreement) the damage (if any) caused
to the Crew Member thereby is not irreparable or sufficient to entitle the Crew Member to
injunctive or other equitable relief and the Crew Member shall not have any right to terminate
this agreement or any such other agreement or any of the Producer’s rights hereunder.
11. Insurance: The Producer may secure in it’s own name or otherwise at its own expense
life accident health cast pre-production and other insurance covering the Crew Member
independently or together with others and the Crew Member shall not have any right, title, or
interest in or to such insurance. The Crew Member shall assist the Producer to procure such
insurance and shall in timely fashion submit to such customary medical and other
examinations and sign such applications and other instruments in writing as may be required
by the insurance company involved.

12. Condition precedent: As a condition precedent to any and all liability of the Producer,
the Crew Member shall at the Crew Member’s own expense apply for and assist the Producer
in applying for and do all such things as may be necessary in support of any application for
the Crew Member’s membership of any trade union, labour or professional organisation or
guild and/or for passports, visas, work permits or other matters necessary to enable the
Producer to make use of the Crew Member’s services. If as a result of such application being
refused, revoked or cancelled the Producer shall be unable to make use of the Crew
Member’s services this agreement shall be deemed null and void and without effect and
without liability whatsoever on the parties save that the Crew Member shall repay to the
Producer any sums previously paid to him/her pursuant to clause 3.

13. Suspension: a) The Producer shall be entitled by written notice giving reasons for such
suspension to the Crew Member at any given time, to suspend the engagement of the Crew
Member hereunder (whether or not the term of such engagement has commenced) if and so
long as:-
13.a.1 the production of the Film is prevented, suspended, interrupted, postponed, hampered
or interfered with by reason or on account of any event of force majeure, fire, accident,
action of the elements of war, riot, civil disturbance, sickness, epidemic, pestilence, national
calamity, act of God or any actual labour disputes, or illness or incapacity of the Producer or
the director of the Film or any principal artist or principal technician or any other cause not
reasonably within the control of the Producer,
13.a.2 the Crew Member fails, refuses or neglects duly to render willingly and to the utmost
of the Crew Member’s skill and ability, the Crew Member’s full services or that the Crew
Member fails, refuses, or neglects fully to observe or comply with, or perform any of the
Crew Member’s obligations under this agreement.

13.b.1. suspension shall commence from the date of the event giving rise to such suspension
and shall continue for the duration of such event and for such reasonable period thereafter as
may be necessary for the Producer to make arrangements to commence or resume
production of the Film.
13.b.2 During this period of suspension, the Producer ceases to be liable to make any
payments of remuneration or provide accommodation or living expenses if the suspension is
due to the Crew Member’s neglect, default, disability, incapacity or refusal) save such
payment Instalments as shall have become due and payable prior to the suspension and the
period of engagement shall be extended or the commencement of engagement shall be
postponed by an equal period to the suspension
13.b.3 all rights of the Producer in respect of the services rendered and products of those
services thereof by the Crew Member previous to the suspension shall not be affected and
shall remain vested in the Producer.
13.b.4 If the Producer pays any remuneration to the Crew Member during any period of
suspension arising pursuant to clause 13.a.2, then the Producer may require the Crew
Member’s services hereunder without additional payment to the Crew Member for an equal
period to the suspension during which the Producer paid remuneration to the Crew Member.

14. Termination: a.) The Producer shall be entitled (but not obliged) by written notice giving
reasons for the termination to the crew member given at any time, to terminate the
engagement of the Crew Member hereunder (without prejudice to any other rights and
remedies available to the Producer hereunder) if:-
14.a.1 suspension continues for 3 consecutive weeks or 4 weeks in the aggregate or more,
according to clause 13.a.1, or
14.a.2 at any time in the circumstances referred to in clause 13.a.2,
14.a.3 the Crew Member does not fulfil their respective obligations under this Agreement.
14. b) In the case of termination of the engagement of the Crew Member under the
foregoing provisions or by the death of the Crew Member
14.b.1 such termination shall be effective from the date of the event giving rise to the
termination or (if there shall have been a prior suspension) from the date of the event giving
rise to the suspension from which such termination arose
14.b.2 any claim which the Producer may have against the Crew Member in respect of any
breach, non performance or non observance of any of the material provisions of this
Agreement arising prior to such termination or out of which such termination shall arise shall
not be affected or prejudiced.
14.b.3 the Producer’s title to and ownership of all copyrights and all other rights in or in
connection with the services and all other rights in or in connection with the services
rendered by the Crew Member up to the date of such termination and in all the products of
such services shall not be affected and such rights shall accordingly be or remain vested in
the Producer.
14.b.4 payment to the Crew Member of the instalments due and payable to the Crew
Member up to the effective date of such termination shall operate as payment in full and final
discharge and settlement of all claims on the part of the Crew Member under this agreement
and accordingly the Producer shall not be under any obligation to pay to the Crew Member
any further or other sums on account of remuneration or otherwise nor shall the producer be
under any liability whether by way of damages or otherwise for any inconvenience or loss of
publicity or other loss suffered by the Crew Member by reason of the termination of the Crew
Member’s engagement hereunder (but the provisions of this paragraph shall not affect the
Producer’s rights referred to in clause 14.b.2.

15. Conflict: Nothing contained in this Agreement shall be construed so as to require the
commission of any act contrary to law and wherever there is any conflict between any
provision of this agreement and any statute law ordinance or regulation contrary to which the
parties have no legal right to contract then the latter shall prevail but in such event the
provisions of this agreement so affected shall be curtailed and limited only to the extent
necessary to bring them within the legal requirements.

16. Assignment: The Crew Member expressly agrees that the Producer may transfer and
assign this agreement or all or any part of the Producer’s rights under it. The Agreement shall
inure to the benefit of the Producer’s successors, licensees, and assigns but the Producer
shall not thereby be relieved of it’s obligations.

17. Self employed status: The Crew Member warrants to the Producer that the Crew
Member is self employed and is not considered to be an employee of the Producer and the
Crew Member warrants to the Producer that he/she is personally responsible for all tax,
national insurance and/or other taxes levied by the inland revenue (or relevant tax authority if
working abroad). The Crew Member shall provide evidence of their self employed status to
the Producer. The Crew Member indemnifies and holds harmless the Producer for any
liability to pay local or governmental taxes arising from the Crew Member’s engagement.

18. Notices: All notices served upon either party by the other hereunder shall be delivered by
hand at or sent by prepaid recorded delivery letter post or by facsimile addressed to the
respective addressed hereinbefore contained or any subsequent address duly notified and if
delivered by hand shall be deemed to have been served five days after posting and if sent by
facsimile shall be deemed served 24 hours after receipt of the facsimile (and facsimile notice
shall be confirmed by post).

19. This Agreement contains the full and complete understanding between the parties and
supersedes all prior agreements and understandings whether written or oral pertaining
thereto and cannot be modified except by a written instrument signed by the Crew Member
and the Producer.

20. Nothing contained in this Agreement shall or shall be deemed to constitute a partnership
or a contract of employment between the parties.

21. This Agreement shall be construed in accordance with and governed by the laws of
England whose courts shall be the courts of the competent jurisdiction.
IN WITNESS WHEREOF the parties hereto have executed the within Agreement as of the
date first set forth hereinabove

(insert name of Producer)

By.................................................................................

Duly Authorised Officers...............................................

Accepted and Agreed to:

...........................................................

*VAT number or NI no. if applicable:

Accompanying Notes

NOTE 1: Deferments. If the fee or proportion of the fee is to be deferred, there should be
further provisions that should also be mentioned, i.e. that the Deferment will be pro rata and
pari passu with all other deferments to persons, providing services to the Film, after which all
deferments to companies and firms should be met. All deferred sums are payable in first
place from receipts received by the Producer from the exploitation of the Film subject to the
recoupment of the production and post production cost of the Film only. It should be
emphasised that the Deferment is a contingent amount and is only payable to the extent
sufficient receipts are generated. It should also be mentioned that the Producers will use
their reasonable endeavours to procure that their auditors or any other firm of Chartered
Accountants appointed, will provide an audited detailed statement of all transactions relevant
to the production and the income generated which should be made available to the crew
member/ and or representatives by a specified date.

NOTE 2: Payment. It should be made clear whether or not this agreement is a non guild or
union agreement. Clause 3 (e) refers to a buy out.

NOTE 3: Expenses: The travel arrangements to and for the set are usually the responsibility
of the crew member. However if on location, the crew member is provided with
accommodation and travel expenses depending on the budget of the Film.

NOTE 4: Self employment: It is necessary that if the crew member is self employed, the
producer receives written confirmation and evidence to prove their status. Otherwise
responsibility falls upon the Producer who could be heavily penalised for not paying on time
and be subject to the danger of prosecution.

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