You are on page 1of 6

EXTRAS/BACKGROUND ARTIST AGREEMENT

“SERIES”: “A Good Girl’s Guide to Murder”


which such expression shall include all
DATE: ____________________2023 material filmed, recorded or produced in
connection therewith

“COMPANY”: MOONAGE PICTURES (GOOD “ARTIST”:


GIRL) LIMITED (registered number: 14254428)

Artist’s Nationality: Artist’s Passport Number:

Artist’s DOB: Artist’s Address:

Character: Pupil Artist’s Tel No:

Capacity: Background Artist

Date of Services: Location of Services:

Time Called: Time Finished:

Confidentiality: Artist warrants that Artist shall keep confidential and not disclose, publish, or
otherwise disseminate, without Company’s prior written consent in each case, any information,
photographs, news articles or publicity of any kind relating directly or indirectly to the Series,
the services rendered by Artist or any third party, or Company's affairs generally in any manner
whatsoever, whether to a single or multiple recipient(s) or onto the internet or by means of
other technologies, including without limitation all social media and social networking
websites such as Instagram, Twitter and Facebook, blogs, multimedia messaging (e.g., SMS,
MMS, email and other technologies), and the like. Artist is not permitted to take photographs or
make any recordings relating to the Series whether on set, on location, behind the scenes or
elsewhere.

This Agreement (which incorporates the attached Standard Terms) is the entire agreement of the
parties and shall replace and supersede all prior oral or written agreements relating to Artist’s
engagement on the Series. Nothing in this Paragraph shall operate to exclude or limit liability for fraud.
By signing in the space provided below, Company and Artist accept and agree to all of the terms and
conditions of this Agreement.

Signed: ______________________________ Signed: ___________________________

Guardian on behalf of Artist For and on behalf of Company


678649800.docx 2

STANDARD TERMS

1. In consideration of Company’s agreement to provide Artist with the opportunity to participate in


the Series and for other good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged), Artist irrevocably and unconditionally:

a. agrees to provide Artist’s services on the Series in a competent and professional


manner, as Company may direct at the times and places designated by Company.
Company’s judgment shall be final and controlling in all matters;

b. acknowledges that Company shall be the exclusive owner of the copyright in the Series
and of all rights in any character portrayed by Artist throughout the universe with the full
and unrestricted right to make such use of the Series and all derivative, subsidiary and
ancillary rights relating to the Series as it shall think fit. Insofar as is relevant for the
purpose of United States copyright law the products of the services rendered by the Artist
in connection with the Series ("Products") are a "work made for hire" for Company;

c. assigns to Company free of all charges, encumbrances and rights exercisable by third
parties and with full title guarantee, and where the rights are copyright by way of
assignment of present and future copyright, all of Artist’s right, title and interest of
whatsoever nature whether vested or contingent in and to the Products and the Series
for Company to hold the same absolutely, and to exploit and communicate the same to
the public, in any and all languages and in any and all media (whether now known or
hereafter invented) throughout the universe for the full period of those rights wherever
subsisting or acquired, including all renewals, reversions, revivals and extensions and
thereafter (insofar as is or may become possible) in perpetuity;

d. waives in perpetuity in respect of the Series and the Products the benefits of any
provision of law known as moral rights, droit moral or any similar law in any country and
undertakes not to commence or support an action for infringement of such rights;

e. grants to Company the right to use Artist’s name, voice, likeness and/or biographical
material in any and all media (whether now known or hereafter invented) throughout the
universe in perpetuity in connection with promoting and exploiting the Series and all
derivative, subsidiary and ancillary rights relating to the Series (including any products,
merchandise, "behind-the-scenes" or "bonus" or other material relating to the Series) and
grants to Company all consents required under Part II of the Copyright, Designs and
Patents Act 1988 (as amended from time to time) to enable Company to make fullest use
of such right. Company may dub Artist’s voice in any language and/or use a double for
Artist if and to the extent as may be required by Company;

f. undertakes to do all further acts and execute all further documents as may be required to
vest in or further assure to Company the rights expressed to be granted or assigned to
Company under this Agreement;

g. warrants that (i) any material created, added and/or submitted by Artist for the Series
(other than material provided by or alterations made by Company for use by Artist) is
entirely original to Artist; (ii) Artist is entitled to enter into and perform this Agreement and
to grant Company all of the rights as herein set forth to enable Company to exploit the
Products without making any further payment other than as set out in this Agreement; (iii)
Artist is not a party to or subject to any agreements or obligations with any third party that
would affect, restrict or otherwise interfere with Artist’s performance of Artist’s obligations
hereunder or with any rights granted to Company pursuant to the Agreement; (iv) the
Products shall not violate or infringe upon the rights of any third party including, without
limitation, rights of privacy or intellectual property rights, constitute a libel or slander of
any third party, or breach any obligation of confidentiality Artist may have to any third
party; (v) Artist will not incur any charge, expense, liability or obligation on behalf of
Company without Company’s prior consent; and (vi) Artist will comply with all of
678649800.docx 3

Company's policies and procedures notified to Artist and with any rules or regulations in
force at any place where Artist is required to render services in connection with the
Series.

h. indemnifies Company, its parent(s), subsidiaries, licensees, successors, related and


affiliated companies and their officers, directors, employees, agents, representatives and
assigns from and against all claims, liabilities, judgments, losses, damages, costs and
expenses (including reasonable legal expenses) arising directly or indirectly as a result of
(a) any actual or alleged breach by Artist of any of the provisions of this Agreement
and/or (b) Artist’s negligence or wilful misconduct;

i. Artist shall not be entitled to any sums or benefits whatsoever by reason of Artist’s
participation in the Series or the exploitation of the Products, the Series and/or any rights
in the same;

j. agrees that Company shall be under no obligation to make any use of the Products and
shall not be liable to Artist in the event that the Series is not produced or the Products are
not incorporated in the Series;

k. agrees that Company may terminate Artist’s participation in the Series for any reason
whatsoever without notice and shall have no further obligations or liability to Artist at all;

l. acknowledges that any application to injunct, enjoin or restrain the production,


distribution, exhibition, advertising or exploitation of the Series or any of Company’s
rights under this Agreement would be excessively disruptive and unreasonably damaging
to the Series and to Company's and to third parties' interests therein and consequently
Artist agrees not to apply for any such relief and accepts that the recovery of damages in
an action at law will provide a full and appropriate remedy for any loss or damage
incurred by Artist as a result of any breach of this Agreement; and

m. agrees that this Agreement may be freely assigned and licensed by Company in whole or
in part to any third party.

2. It is acknowledged that: (i) Artist’s participation in the Series is entirely voluntary and that Artist
is under no obligation to participate in the Series; and (ii) nothing in this Agreement is intended
to create an employment relationship or contract for services between Artist and Company.

3. Artist hereby acknowledges that Company shall collect, use and otherwise process certain
personal data relating to Artist for purposes connected with the relationship under this
Agreement, including Company fulfilling its obligations under the Agreement and complying with
legal and regulatory obligations. Company wishes to ensure that the information it holds
remains as accurate as possible and may therefore request Artist to update Artist's personal
data at any time.  Artist shall, in any event, inform Company as soon as reasonably practicable
of any changes to Artist's personal data and may review and update the data on reasonable
notice to Company.  Company shall, from time to time, need to make some of Artist's data
available to third parties such as broadcasters and financiers of the Series, legal and regulatory
authorities, future employers and potential purchasers of Company (or any of its assets or
business), affiliates, group companies, professional advisors and other parties which provide
products or services to Company.  If such recipient is located, or has relevant operations
located, in a jurisdiction where data protection and privacy regulations do not offer the same
level of protection as within the European Union and the United Kingdom (such as the United
States of America), Company shall complete such transfers in accordance with the applicable
data protection laws. Artist also acknowledges that sensitive personal data (also known as
special categories of personal data including health data and personal data relating to criminal
convictions and offences) is processed by Company for the purposes connected with the
relationship under this Agreement, including where permitted under employment legislation (for
example, to provide a safe working environment during the Covid-19 pandemic) or to determine
occupational suitability. Company hereby informs Artist that Artist has certain rights in respect of
678649800.docx 4

his/her personal data (such as access, rectification and portability) and that further information
about these rights and Company's processing of personal data generally can be found within
Company’s privacy notice.

4. Company is committed to safeguarding and child protection, and the physical and emotional
welfare of every child involved in the Series is of the absolute highest importance. In addition to
complying with Company's policies and procedures, Artist (to the extent he/she is aged 16 or
over) warrants and represents that Artist does not have any unspent convictions for sexual
offences as contained within the Sexual Offences Act 2003 and Artist has never been subject to
any disciplinary action or sanction relating to any vulnerable groups.

5. It is the policy of Company to comply fully with the anti-corruption laws of the UK (including
without limitation, the Bribery Act 2010 (as amended from time to time) ("Bribery Act")) and any
other applicable anti-corruption laws and legislation anywhere in the world. Artist represents
and warrants that (i) Artist is aware of the Bribery Act, which prohibits the bribery of public
officials of any nation and Artist has not taken any action and shall take no action which would
be in violation of the Bribery Act, nor will Artist cause Company to be in violation of the Bribery
Act; (ii) Artist has not accepted nor paid, nor shall Artist accept or pay or agree to accept or pay
any money, service or other valuable consideration in connection with the performance of this
Agreement; and (iii) Artist shall promptly report to Company any request or demand for any
undue financial or other advantage of any kind received by Artist in connection with the
performance of this Agreement. Artist shall not engage in any activity, practice or conduct which
could constitute tax evasion (whether in the UK or in any other jurisdiction) and shall comply
fully with all applicable tax anti avoidance laws, including those under Part 3 of the Criminal
Finances Act 2017 (and all codes and ordinances issued in relation to such Act), and shall have
in place reasonable prevention procedures. Artist shall promptly report to Company any request
or demand from a third party to facilitate the evasion of tax.

6. Except insofar as this Agreement expressly provides that a third party may in his own right
enforce a term of this Agreement, a person who is not a party to this Agreement has no right
under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of this
Agreement but this does not affect any right or remedy of a third party which exists or is
available apart from that Act. No guild or trade union agreement or other collective agreement
shall apply to Artist’s services in connection with the Series. This Agreement shall be construed
in accordance with and governed by the laws of England and Wales and the parties irrevocably
submit to the exclusive jurisdiction of the courts of England and Wales.

7. This Agreement may be executed in one or more counterparts but shall not be effective until
each party has executed at least one counterpart. Each such counterpart shall constitute an
original of this Agreement, but all the counterparts shall together constitute one and the same
instrument. Executed counterparts of this Agreement (but for the avoidance of doubt not just a
signature page) submitted electronically via an online platform approved by Company or sent by
email in either Tagged Image Format Files (TIFF) or Portable Document Format (PDF) shall be
treated as originals, fully binding and with full legal force and effect, and the parties waive any
rights they may have to object to such treatment.
678649800.docx 5

PARENTAL INDEMNITY AND CONSENT

Reference is made to the extras/background artist agreement dated 2023 ("Agreement")


between Moonage Pictures (Good Girl) Limited ("Company") and ("Minor") for the series currently
entitled "A Good Girl’s Guide to Murder" ("Series", which such expression shall include all material filmed, recorded or
produced in connection therewith).

The parent(s) and person(s) having custody of the Minor (“Parents”) are entering into this Parental Indemnity and Consent
(“Parental Agreement”). Each Parent (on a joint and several basis):

1. agrees that Parent has read and understood the Agreement;

2. agrees to provide any and all prompt assistance as may be required by Company in connection with
Company’s application for any Child Licence(s) in respect of Minor’s services under the Agreement;

3. consents to the engagement created by the Agreement together with each and all of the terms, conditions,
rights and obligations contained in the Agreement;

4. shall secure and do nothing directly or indirectly to hinder or prevent the full performance of the Agreement
by Minor;

5. shall procure that Minor shall comply with each and all of the terms, conditions, rights and obligations
contained in the Agreement;

6. irrevocably consents to the use of Minor's name, voice, photograph and likeness, as provided in the
Agreement, in and in connection with the distribution, exhibition and promotion of the Series;

7. irrevocably warrants that the Agreement is for Minor's clear benefit;

8. shall procure that Minor will not disaffirm or disavow the Agreement on the grounds that Minor is a minor at
the date of the execution thereof, or on any other similar grounds;

9. indemnifies Company, Company’s affiliated entities, successors, assigns and licensees (“Company Parties”),
against any and all loss, cost, damages and expenses of any kind or nature, including reasonable legal fees,
that may be suffered or incurred by any Company Party arising out of any breach of this Parental Agreement
by either or both Parents or that may be incurred by any Company Party in enforcing the Parental Agreement
against either or both Parents; and

10. indemnifies each Company Party against any and all loss, cost, damages and expenses of any kind or nature,
including reasonable legal fees, that may be suffered or incurred by any Company Party arising out of any
breach of the Agreement by Minor or if the Agreement is disaffirmed by Minor for any reason or that may be
incurred by any Company Party in enforcing the Agreement against Minor.
678649800.docx 6

For the avoidance of doubt, this Parental Agreement shall be applicable as well to any modification, amendment, extension,
renewal or substitution of the Agreement, and to the Agreement as modified by any waiver.

Dated: ……………………………………………….. SIGNED AS A DEED BY


[Mother’s Name]

Signature …………………………………….

In the presence of:


Witness Signature:

………………………………………………..

Witness Name:

……………………………………………..

Witness Address:

………………………………………………..

SIGNED AS A DEED BY
[father]

SIGNED for and on behalf of


Signature …………………………………….
MOONAGE PICTURES (GOOD GIRL) LIMITED
In the presence of:
acting by its duly authorised signatory Witness Signature:

………………………………………………..

Witness Name:
_____________________________________
……………………………………………..
Title: Company
Witness Address:

………………………………………………..

You might also like