If you’re an actor or producer, you’ll know just how important it is to have a contract when you take on a job. More than just a document that lays out the agreement between an actor and employer for their services, it’s legally binding, which means that there will be legal repercussions if terms are broken.
But how do you write one, and what exactly needs to go into your actor agreement contract?
In this article we’ll dive into the details of what you need to know, including:
- What makes up an actor contract
- What a standard actor contract is
- What different kinds of contracts you’ll find for actors
- Eight things to include in your actor contract
- An example of an actor contract template
- Tips for writing an acting contract
- Why you should use Bonsai to write your actor contract
- How to use Bonsai to create your actor contract
- Legal jargon you should be aware of
- Frequently asked questions.
Let’s dive in!
What Is in an Actor Contract?
An actor contract should include the following:
1. Actor’s Services
This section outlines the expectations and responsibilities of the actor. The aim is to make sure both parties are in agreement on what is expected during the project.
This may include the description of the role, as well as any other duties that the actor is expected to fulfill.
2. Payment
Details of pay conditions and rates, such as whether the actor is being paid a flat rate, hourly rate, or a per-performance rate. It can also include methods of payment and expected payment timeframes.
3. Term
Lays out the start and end dates of the actor’s contract.
4. Role Credit
Description of how the actor will be credited in the completed production. This will vary based on the nature of the role — for example, a commercial is credited very differently to a feature film.
5. Expenses, Transportation & Accommodation
This section of the contract ensures the actor is fairly compensated with any expenses or travel costs that the role requires.
6. Publicity & Promotion
A clear outline of promotional obligations the actor has, including interviews, media appearances, and other promotional events.
7. Representations & Warranties
This can include an agreement around the actor’s other commitments, such as confirming the actor has no other contracts that would impact their role in the production.
8. Nudity
If it applies to the production, this section should clearly outline the boundaries and expectations for any nude scenes, making sure the actor is aware of the requirements of the role before accepting.
9. Name & Likeness
This section outlines the rights the producer has to the actor’s image for promotional purposes relating to the production.
10. Producer Owns Production
The actor will need to acknowledge that the producer or production company has ownership over the final product, which may include the actor’s performance.
11. Termination
A clear description of the grounds for terminating the contract — both in the event of a breach or at the end of the project.
This section should lay out the consequences of early termination for both parties.
12. Other Terms & Conditions
This is the place for any other requirements that may be specific to the project, such as insurance requirements or particular on-set behavior expectations.
What Is a Standard Actor Contract?
A standard actor contract is a binding agreement between an actor and their employer. It aims to outline the employment terms of the job and can be used for commercial production, film, television, and stage performances.
What’s the Difference Between an Actor Contact and a Release Form?
While both of these are legal documents, they serve different purposes:
- Actor Contract
The purpose is to cover the relationship between the actor and the employer and covers elements of the job, including working conditions, payment, and length of the job.
- Release Form
A release form is specifically for the actor to relinquish rights over their performance. It gives the employer permission to use their performance in whatever way is stipulated in the form.
What Are the Different Kinds of Contracts for Actors?
- Talent Agreement
Outlines the terms for an actor’s performance and the use of the actor’s image.
- Employment Contract
An agreement specifying the terms of employment between an actor and the employer (usually a production company).
- Independent Contractor Agreement
In some circumstances, actors may be classified as independent contractors rather than employees. This agreement details the obligations of the contractor and the payment terms.
- Work-for-Hire Agreement
Under this type of agreement, the actor’s performance is owned by the hiring party, meaning the actor is paid only for their performance and has no rights to residuals.
- Exclusive Actor Agreement
An agreement that commits the actor to work exclusively for a specific employer or on a specific project for a set period.
- Non-Exclusive Actor Agreement
Lets an actor take on other projects for other employers simultaneously.
- Option Agreement
A contract that gives the employer exclusive rights to the actor’s performance for a set period.
- Per Episode/Project Agreement
An agreement that has a defined payment for individual episodes or individual projects.
- Royalty Agreement
A contract that defines the percentage of profits or revenue an actor will receive from a project.
- Merchandising Agreement
An agreement on the terms for using the actor’s images for promotional merchandise, such as dolls or posters.
- Non-Disclosure Agreement (NDA)
A contract that requires the actor to keep certain information confidential.
- Non-Compete Agreement
A clause that prohibits the actor from engaging in projects that may cause conflicts with their contract obligations.
- Image Release Form
Allows use of the actor’s image for promotional purposes.
- Likeness Release Form
Allows use of the actor’s likeness for promotional purposes. The likeness may include appearance, voice, mannerisms, and image.
- Voice Release Form
Allows use of the actor’s voice for purposes including promotion, animation, and voiceovers.
What Should Be Included in a Standard Actor Contract?
Detailed Descriptions of the Work
This section should include details of the role and responsibilities of the actor, including expectations of the performance.
Hours and Timeline of the Project
This should outline the expected start and end date of the project, as well as the total hours the actor will be expected to work. There may also be restrictions in place, ie, if the actor is underage and can legally only work a certain number of hours per day.
Payment Details
This section should provide clarity on how the actor will be paid, as well as how much. The actor may be paid hourly, a flat fee, or per performance or episode.
Expenses
This section needs to include how the actor will be compensated for any expenses relating to the job. This may include travel, accommodation, and food budgets.
It should describe whether the actor will receive payment for these costs ahead of time, or whether they’ll be reimbursed.
Merchandising Agreement
The contract should include details on how the actor’s image, voice, or likeness will be used for merchandising, and how they will be compensated for this.
Exclusivity
This area of the contract lays out whether or not the actor can take on other work during the duration of the project.
Termination of Contract
This section should outline under which conditions the contract can be ended by either party and what the consequences will be.
Other factors
This is for anything that doesn’t fit under the other sections. It can include details on insurance or clarification on intellectual property rights.
Actor Contract Example Template
Feeling a little intimidated by what you need to put together your actor contract? Luckily Bonsai can help with that!
Our free actor customizable actor contract template takes the stress out of writing contracts, so all you’ll need to do is fill in your details and customize it, then send the completed contract to your recipients!
How Do You Write an Acting Contract?
When writing an acting contract, it’s essential to ensure you include all the information we’ve outlined above:
- A detailed description of the work
- The timeline of the project and hours of work
- Payment terms (i.e., how much, how often, and in what form the actor will be paid)
- Expense details
- Merchandising and rights agreements
- Exclusivity details
- Termination details
- Legal obligations
- Other details.
If you’re writing it yourself from scratch, you’ll want to ensure that you have a lawyer look it over to ensure it’s all legal.
Remember, this is a legally binding document, so as much detail as possible should be included to cover every aspect.
What’s the Benefit of Using Bonsai, Instead of Editing a Template Yourself?
As you can see, putting together an actor contract yourself takes time, money, and know-how.
However, with Bonsai, our actor contract templates were designed by professionals and our in-house legal team.
That means that not only can you be confident that they’re compliant, but you also won’t have to spend money and time hiring an outside lawyer to check over your contracts for you.
you can be confident that they’re compliant and
We’ve designed our contract templates to be easy to use, aesthetically pleasing, and fully customizable. Need to add your own logo or brand colors? With Bonsai it’s easy to do, and all at the click of a button!
How to Create an Actor Contract with Bonsai
Creating an actor contract with Bonsai is easy and just takes three simple steps.
- Sign up for free
- Download the free actor contract template
- Edit as necessary and send to your recipient.
Have several contracts you need to send? Now you can easily save your actor contract template and edit the details as needed to get it out to as many different recipients as you need!
With all that in mind, why not sign up to Bonsai for free today and let us take care of all your actor contract needs?
Legal Jargon You Should Know
- Compensation and payment terms
How much, when, and how an actor will be paid.
- Work-for-hire agreement
An agreement that specifies that the employer owns the rights to the actor’s work.
- Performance obligations and expectations
The duties and expectations the actor is expected to meet in their performance.
- Termination clauses
Conditions under which the contract can be terminated.
- Non-disclosure agreement (NDA)
A legal agreement that keeps certain information confidential.
- Intellectual property rights and usage
Defines who owns the rights to the content that is created and how it can be used.
- Indemnification and liability
Protects either the actor or the employer from legal repercussions due to the actions of the other party.
- Force majeure clause
A clause that outlines unexpected events that prevent the contract from being fulfilled, such as deaths or natural disasters.
- Governing law and jurisdiction
Outlines the laws in the filming or acting location that will affect the contract.
- Confidentiality provisions
Obliges the actor to keep certain information within the contract confidential.
- Option and exclusivity clauses
A clause that outlines whether actors can work on other projects during the contract timeframe.
- Royalties and residuals
Ongoing payments based on the success of the project.
- Arbitration or dispute resolution
Methods to be used if there is a disagreement between the parties regarding the contract.
- Representation and warranties
The promises you’re making in the contract.
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