Professional Documents
Culture Documents
BETWEEN
AND
CHINYERE WILFRED , an individual of 11 Wakati Adura Street River Valley Estate Ojodu Berger
Lagos, Nigeria the Performer which expression shall, where the
context so permits, include his/her personal representatives and permitted assigns) of the
other part.
WHEREAS:
1.2 The Performer shall not make any commitments which would interfere with the full
1.3 In fulfilment of his/her obligations with respect to the services hereunder, the Performer
shall:
(a) Study any script(s) made available to him/her;
(b) Bring the character to life;
(c) Take part in rehearsals at designated places and times;
(d) Attend all shoots at such locations and times as reasonably required by the
Company from time to time;
(e) Perform his/her role under the direction of the director or personnel engaged
by the Company at designated places and times;
(f) Attend promotional activities which include, but is not limited to, press
conferences and premieres;
(g) Work with relevant officers, employees and/or agents of the Company which
include, but is not limited to, the producer(s), director(s), and other members of the
cast as well as the technical and artistic crew with a view to ensure a successful
production of the Production;
(h) Report to Producer and Director of the Production; and
(i) Abide by all reasonable rules and regulations of the Company regarding the
Pr
1.4 The Performer shall, on written notice from the Company, perform additional services
on days notified to the Performer in connection with the Production.
2. DURATION OF FILMING
3. LOCATION OF FILMING
4. REMUNERATION
4.1. In full consideration of the Performer providing all the services in accordance with this
Agreement, and for all rights granted to the Company under this Agreement, the
Company shall pay to the Performer the Fee stipulated in Schedule 1 of this
Agreement.
4.2. The Fee shall be inclusive of all services rendered including but not limited to
Additional Digital Recording (ADR), promotional activities and a complete buy-out of
all rights granted to the Company, and no further sum shall be payable to the
Performer.
5. INDEPENDENT CONTRACTOR
The Parties agree and it is understood that the
Company is that of an Independent Contractor. The Performer shall be responsible
for the payment of all taxes, levies, dues, insurance or other remittances/contributions
applicable under existing laws. The Performer warrants that he/she shall make all
necessary payments due to any governmental agency or other relevant institutions
in compliance with the agreement in this Clause and indemnify the Company against
any claims, liabilities, costs or expenses that may arise out of breach of the foregoing.
6. SCREEN CREDIT
Provided the Performer has performed all services in accordance with this contract,
the Company shall grant to the Performer on-screen credit in accordance with
standard industry practice. The size and pl
discretion and the Com
7. PAY OR PLAY
The Company shall not be obliged to produce, distribute or broadcast the production
upon which the Performer renders services or to utilize
8. WARDROBE
The Company shall be responsible for ir, makeup and wardrobe for
the services rendered in connection with this Agreement.
9. WORKTIME
Unless expressly provided in this Agreement, no additional compensation shall accrue
or be payable to the Performer for rendering services at night, weekends or on
holidays.
11. CONFIDENTIALITY
11.1. That during the tenure of this Agreement and after its expiration, the parties shall not
disclose any confidential information concerning the other party to any person or
entity except done according to the terms of this Agreement
11.2 That during the tenure of this Agreement and after its expiration, the parties shall not
take any action or do anything which can damage the corporate image and
reputation of the other party or injure its business interest or that of its legal
representatives assigns and affiliates.
11.3 That the parties will not use any Confidential Information in any manner that
14.1 The Performer assigns and grants to the Company all rights, title and interest in the
Production, the entire copyright and all other rights in and to all products of the
n with the Production including all vested future and
contingent rights to which the Performer is now or may hereafter be entitled under
the law in force and in any part of the world.
14.2 The Company shall have the right to make, produce, sell, publicly exhibit, lease,
license, hire, market, broadcast and reproduce the Production, and all products of
14.3 The Performer acknowledges that the Company owns all rights to the Production.
15. AUTHORIZATION:
The Performer authorizes the Company to photograph, film and record on (film tape,
or any other medium) his/her performance, to edit same at its discretion and to
include it with the performances of others and with sound effects, special effects,
digital effects and music, to incorporate same into the Production, posters, promos
and other materials or programs related to the Production, to use and license others
to use such record and photographs in any manner or media which includes but not
limited to advertising and sales promotion; and to use his/her name, likeness, voice,
biography or other information in connection with the Production and for any other
purpose associated thereof.
16.1 Both Parties hereby warrant and represent that they are fully ready, willing and able
to perform the services hereunder, and free to enter into this Agreement.
16.2 The Performer shall indemnify and hold the Company harmless from and against any
and all claims, damages, liabilities, costs and expenses including reasonable
case, the use of any materials, ideas, creations and properties (all herein referred to
16.4 Each Party shall give the other prompt notice of any claims of the nature described
above and any legal proceeding in regard thereof and will cooperate with the other
on all matters covered by this Clause.
17.1 Disability
time fails or is unable to perform his/her services hereunder because of any physical
illness or mental incapacity, any impairment to face or voice, or any other reason
any negligence or wilful act of the Performer, then it shall be deemed an event of
17.2 Default
breaches any provision of this Agreement or if the Performer fails, or neglects or refuses
(other than due to an event of disability) or intends to fail, neglect or refuse to perform
the services under this Agreement to the full extent of the P
and where required.
17.5 The Company shall have the right, at its own discretion, to extend the duration of the
Agreement (including, without limitation, the period for the exercise of any option or
other rights under this Contract) by a period of time equal to or less than the
aggregate period(s) of any suspensions herein.
17.6 The maximum period of suspension in seven (7) working days.
17.7 Termination: In the event of default, the Company shall have the right, at its sole
election, to terminate this Agreement during the continuance of such default or within
exceeds four (4) consecutive working days or six (6) working days in aggregate, the
Company shall be entitled to terminate this Agreement on notice to the Performer
without any liability in consequence thereof or any further obligation hereunder.
17.8 Either Party may, by notice to the other Party, terminate this Agreement in the event
that a period of force majeure exceeds two (2) consecutive weeks, provided that, in
the case of termination notice by the Performer, the notice shall not take effect and
the Agreement shall continue in full force if, within three (3) days, the Company lifts
the suspension caused by the force majeure.
17.9 In the event of any termination, the Company shall be relieved of any and all further
obligations to the Performer herein safe that, where such termination shall be for force
majeure, its shall not prohibit the Performer from earning and receiving remuneration
for aspects of the Production for which the Performer has already performed full
services.
17.10 Also, where the Performer is unable to perform the role as stipulated in the Agreement
or otherwise to the expectation of the Company, or does not co-operate with co-
actors and crew members on set, the Company shall in its sole discretion terminate
this contract and no remuneration shall be due to be paid to the Performer. Upon
termination, the Company shall have the right to engage other persons for the same
role.
17.11 The remedies provided herein shall be deemed cumulative and exercise of one shall
not preclude the exercise of any other remedy for the same event of disability, default
or force majeure, nor shall the specification of remedies herein exclude any rights or
remedies at law or in equity, which may be available, including any rights to damages
or injunctive relief.
a. The Company may recover by appropriate action, or may withhold from any
remuneration payable to the Performer herein, the amount of any actual damage
caused to the Company by any failure, refusal or neglect of the Performer to keep
and perform his/ her obligations and warranties herein; and
b. The services to be rendered by the Performer under this Agreement and the rights
and privileges granted to the Company herein are of a special, unique, unusual,
extraordinary and intellectual character, involving skill of the highest order which gives
them peculiar value, the loss of which cannot be reasonably or adequately
compensated by damages in an action at law, and that breach by the Performer of
any of the provisions of this Agreement will cause the Company irreparable injury and
damage. The Performer therefore hereby agrees that the Company shall be entitled
to injunctive relief and other equitable relief to prevent and/or cure any breach or
threatened breach of this Agreement by the Performer.
The Performer hereby declares that he/she has voluntarily entered into this
Agreement and understands the risks associated with the performance of the services
which risks he/she willingly assumes. Regardless of anything to the contrary in this
damage, cost, loss or expense arising out of any incident during the provision of the
services shall be limited to the medical coverage agreed under Schedule 2 hereto.
For the avoidance of doubt, and without limiting the generality of the foregoing, the
Company shall not be responsible for any consequential damage including, without
limitation, loss of earning that may arise due to any such incident.
19. ASSIGNMENT
The Performer cannot assign its rights hereunder in whole or in part to a Third Party.
The Company may assign its rights hereunder in whole or in part to any person,
form or corporation provided, however, that no such assignment shall relieve the
Company of its obligations hereunder.
20. WAIVER
A waiver by either Party of any terms and conditions herein in any instance shall not
be deemed to be a waiver of such term or condition for the future, or of any
subsequent breach thereof. All rights, remedies, undertakings, obligations and
agreements contained in this Agreement shall be cumulative and none of them shall
be in limitation of any other remedy, right, undertaking, obligation or agreement of
either Party.
This Agreement and its Schedules contains the entire understanding of the Parties
relating to the subject matter herein contained, and cannot be changed or
terminated orally. Provided, that the terms of this Agreement and its Schedules may
be modified by the mutual written agreement of the Parties.
22.1 This Agreement and all matters or issues collateral thereto shall be governed by the
laws of the Federal Republic of Nigeria.
22.2 The parties shall try to amicably discuss and resolve all disputes, differences and
question of any nature which may at any time arise between the Parties out of the
construction of or concerning anything contained in or arising out of or in connection
with this Agreement as to the rights, duties or liabilities of the Parties. Failure to reach
a solution, the parties shall refer to mediation within 30 days to be administered
according to the Lagos Multi-Door Court Practice Directions on Mediation.
IN WITNESS OF WHICH the Parties have executed this agreement the day and
year first above written:
__________ ___________
AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY
Chukwudi wilfred
11 wakati adura, rivervalley estate, ojodu berger
A B
1 GENRE: Feature Film
2 PROVISIONAL TITLE DOMITILLA : REBOOT
3 ROLE:
TITLE: Agnes
4 LOCATION Nigeria
6 FEE A total sum of N400,000 ( Four Hundred Thousand Naira) only which shall
be payable in the manner below:
Payment shall be made by the Company via bank transfer, upon the
presentation of an invoice by the Performer.
7. PROMOTIONAL Press: Print interviews, radio interviews, TV interviews, Online interviews
spread throughout the Campaign Period Meet and Greet
ACTIVITIES
Talent Shout-out: Premiere, Film Release, Talker Screening,
Chukwudi wilfred
Son