You are on page 1of 5

18 U.S.

C 2257 Compliance Documentation


NAME OF PROJECT: ARTIST'S IDENTIFICATION AND AFFIDAVIT: Artist is hereby informed and both understands and agrees that any and
all information given in this Agreement is required by, and provided to comply with federal law. Any false or incomplete statement will subject Artist to both civil liability and federal and state criminal prosecution.

FULL LEGAL NAME:


(FIRST, MIDDLE, LAST; HEREINAFTER "ARTIST")

DATE OF BIRTH:

(MONTH,DAY,YEAR)

ADDRESS: CITY: SOCIAL SECURITY #: STATE: PHONE #: ZIP:

ALL OTHER NAMES EVER USED (including current stage name, all prior stage names, maiden names and nicknames):
(STAGE NAME FOR THIS PRODUCTION) (MAIDEN NAME IF APPLICABLE) (OTHER NAME) (OTHER NAME) (OTHER NAME) (OTHER NAME)

TWO FORMS OF IDENTIFICATION at least one of which is government issued and includes a photograph of Artist.
(Photocopies of both forms of identification must be attached to this agreement, and signed in ink by Artist):
(FIRST IDENTIFICATION TYPE) (SECOND IDENTIFICATION TYPE)

(FIRST IDENTIFICATION NUMBER)

(SECOND IDENTIFICATION NUMBER)

I SWEAR UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT, THAT ALL FORMS OF IDENTIFICATION I HAVE PROVIDED (COPIES OF WHICH I HAVE SIGNED AND ARE ATTACHED HERETO) WERE LAWFULLY OBTAINED BY ME AND WERE NOT FORGED OR ALTERED IN ANY WAY. TODAY'S DATE: / / SIGNATURE:
(ARTIST'S SIGNATURE USING FULL LEGAL NAME)

I SWEAR UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I HAVE OBSERVED THE ORIGINAL IDENTIFICATION DOCUMENTS PROVIDED BY ARTIST, COPIES OF WHICH ARE SIGNED BY ARTIST AND ATTACHED HERETO. TODAY'S DATE: TODAY'S DATE: / / / / SIGNATURE:
(SIGNATURE OF PRIMARY PRODUCER)

SIGNATURE:
(SIGNATURE OF PRIMARY PRODUCER)

Page 1 of 5

ARTISTS AGREEMENT AND RELEASE


THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY. The parties to this agreement are: ; hereinafter referred to as "Artist" ; hereinafter referred to as "Producer" In exchange for valuable consideration set forth below, Artist and Producer hereby agree to be bound by the following agreement:

1. RELATIONSHIP CREATED
Both parties hereto agree that Artist shall be deemed to be, and to have rendered all services and performed all duties pursuant to or associated with this agreement as, an Independent Contractor. Artist shall not deemed an employee of Producer, nor shall Artist in any way hold him/herself out as an employee to any individual, entity or agency or seek benefits of any kind, from any individual entity or agency, based upon such a claim or statement. No statements made by Producer, or the possibility or promise of additional employment by Producer shall alter Artist's status as an Independent Contractor absent an express writing, signed by both parties to this agreement, which specifically creates an employee relationship. Artist shall indemnify and hold Producer harmless for any penalties, assessments, fines, fees, or any other costs, of any kind, incurred by Producer resulting from statements made by Artist in violation of this Paragraph.

2. SERVICES
Artist agrees to render for, and/or on behalf of Producer, services as an actor/model in the work tentatively entitled; ; hereinafter referred to as the "Project". Artist agrees to render such Performance on an exclusive basis at the dates, times and places set forth below, and/or as otherwise directed by Producer, and/or as further directed by Producer until completion of the Project. Artist shall use his/her best efforts in the rendering of such Performance, and shall render same with reasonable regard for the efficient production of motion pictures, still photography, or any other medium now known or subsequently devised which is employed in the production of the Project. Such Performance may include, but are not limited to; pre-production services, services in connection with the principal photography of the Project, post-production services, retakes as reasonably required at the sole discretion of the Producer, and such other services as are customarily performed or required to be performed by an actor in a motion picture or magazine and to comply with all reasonable directions, requests and instructions of the Producer in connection therewith. Artist agrees to render the aforementioned Performance at the following location(s), date(s) and time(s): ; hereinafter refereed to as "Location(s)"; ; hereinafter refereed to as "Date(s)", and: ; hereinafter referred to as "Time(s)".

3. CONSIDERATION
Producer agrees to pay Artist the total sum of $ , subject to Producer's obligations for payroll withholding taxes and any and or all other withholdings required by state and federal laws, as sole and exclusive consideration for the Performance rendered or to be rendered by Artist under this Agreement. if and only if all four of the following events occur: a) principal Artist shall be entitled to a "Kill Fee" of $ photography fails to occur on the date(s) specified above; b) Producer knows or reasonably should have known, at least 24 hours in advance of Artist's scheduled performance, that the failure would occur; c) that such failure is not the result of any default of Artist hours advance notice of such anticipated failure. under this agreement, and; d) Artist is not given at least

Page 2 of 5

Artist

Producer

4. ARBITRATION
All disputes between Artist and Producer (and their respective attorneys, successors, and assigns) of any kind whatsoever, arising from the transaction reflected in this agreement (hereinafter "Arbitrable Claims") shall be resolved by arbitration. Arbitrable Claims shall include, but are not limited to; contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable workers' compensation law and unemployment insurance claims. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. Arbitration of Arbitrable Claims shall be in conducted accordance with the Employment Dispute Resolution Rules of the American Arbitration Association. The fees of the arbitrator shall be paid by the losing party, as identified by the arbitrator.

5. GRANT OF RIGHTS
Artist hereby agrees that Producer, his successors and assigns, shall own in perpetuity, any and all rights to exploit or promote, throughout the entire world, and in any manner now know or subsequently devised, the results of Artist's Performance. Additionally, Artist hereby grants Producer, his successors and assigns, the following specific perpetual and exclusive rights in connection with the results, product and proceeds of the Performance: To reproduce any or all of Artist's Performance, or any part thereof, in any manner now known or subsequently devised; To reproduce any or all of Artist's likeness, or any part thereof, in any manner now know or subsequently devised; To reproduce any and all sounds created by Artist including but not limited to vocal, musical, or instrumental sounds made in conjunction with Artist's Performance (hereinafter "Audio") and to market, sell, and/or transmit same either separately, or in conjunction with other results of the Performance; To change the title of the Project, or any parts thereof, and to make any subsequent changes the Producer, in its sole and absolute discretion decides; To edit and revise the Project and any or all Performance or Audio associated with the Performance used in the Project in any manner as the Producer may, in its sole and absolute discretion decide; To exhibit, sell, transmit and/or reproduce, or to license and/or assign to others the rights to exhibit, sell, transmit and/or reproduce, in any chemical, electronic, magnetic, or other printed or recorded medium now known or subsequently devised, any or all of the Performance or Audio associated with the Performance; To use the Performance, the Audio associated with the Performance, or any part or parts thereof to promote, exploit or advertise the Project including but not limited to: commercials, trailers, flyers, catalogs, boxes, electronic advertisement (including but not limited to internet advertising, promotional or sales systems), or merchandising related to the Project; To use the Performance, the Audio associated with the Performance, or any part or parts thereof in a prior, contemporaneous or subsequent work, other than the Project, hereinafter "Other Work(s)", including but not limited to compilations and derivative works; to exhibit, sell, transmit and/or reproduce, or to license and/or assign to others the rights to exhibit, sell, transmit and/or reproduce the Other Work(s), and to promote, exploit or advertise the Other Work(s) in all manners allowed to promote the Project; To use Artist's current, prior, contemporaneous, or future stage name, for the purpose of promoting, exploiting or advertising the Project, or Other Works, including those names which are or subsequently may be trademarked. To employ other persons or created likenesses to "double", "dub", reproduce, complete, or recreate the Performance, the Audio associated with the Performance, or any character or characters created in the Performance, in any manner which the Producer, in its sole and exclusive discretion, deems desirable. To "dub" the Performance or Audio associated with the Performance into any language or languages which the Producer, in its sole and exclusive discretion, deems desirable.

Page 3 of 5

Artist

Producer

Artist hereby and in perpetuity grants and assigns to Producer the sole and exclusive rights to any and all tangible or intellectual property rights or interests Artist may have, or assert in the future, to the results of the Performance including, but not limited to writings, character creations, ideas, "gags", and/or dialogue composed, submitted or interpolated by Artist during, or in connection with the Performance. All such materials, and the copyrights or other interests thereto, are hereby conveyed in perpetuity to Producer.

6. WAIVERS
Artist understands and agrees: That the Performance and/or Audio associated with the Performance may be utilized in conjunction with sexually graphic or explicit materials; That Producer shall have no obligation to complete or release the Project, or to use the Performance and/or Audio associated with the performance in any way; That Artist shall have no right to inspect or approve the Performance, or its use in the Project or any Other Work(s); To release, discharge, and hold Producer harmless from any and all liability arising from of any blurring, distortion, alteration, optical illusion, or use in composite or other form, whether intentional or otherwise, that may occur or be produced in the use of Artists's likeness or name, or in any process used by Producer towards completion of the Project or Other Work(s); To release, and indemnify Producer from any or all liability resulting from any personal or other injuries sustained by Artist while employed by Producer regardless of fault.

7. RELEASE OF LIABILITY FOR SEXUALLY TRANSMITTED DISEASES


Artist agrees to provide Producer with a true, correct and unaltered copy of a blood test for H.I.V., performed at an accredited clinic, showing that Artist is not infected with the H.I.V. virus. Said document must be dated within 30 days prior to Artist's Performance and presented for Producer's inspection prior to Artist's Performance. Artist agrees to make said document available for inspection by any co-performer with whom Artist is to perform. Artist further agrees to personally inspect the test results of any coperformer with whom Artist is to perform and to notify Producer of any reasonable doubts Artist may have as to the acceptability or validity of that co-performer's documentation. Artist hereby declares that he/she is aware of the risks of contacting sexually transmitted diseases, and expressly and in perpetuity agrees to assume any and all risks of contacting any sexually transmitted disease while working on the Project. Artist hereby indemnifies, and holds Producer harmless against any such claim asserted now, or in the future.
(ARTIST'S INITIALS)

HIV TEST CONFIRMATION: Artist has provided, and Producer has examined Artist's current HIV blood test.
(PRODUCERS INITIALS) (DATE OF TEST)

8. OTHER AGREEMENTS
Both parties agree to execute (with acknowledgment where necessary) and deliver all documents and instruments and to perform such further acts as may be necessary to carry out the agreements set forth herein. This agreement shall be construed in accordance with the laws of the state of California. Should the law of California invalidate any provision in this agreement, the remaining provisions shall remain in force. This agreement represents the total agreement between the parties and supersedes all prior or contemporaneous negotiations and/or agreements.

Page 4 of 5

Artist

Producer

The undersigned Artist understands that the Project is adult oriented entertainment. The undersigned Artist certifies that he/she has entered this agreement of their own free will, and are not under the influence of any drugs, alcohol or duress, nor under the inducement of any promise not set forth in this agreement. The undersigned Artist represents and warrants that he/she is over the age of 18, that he/she has read the foregoing and fully understands the meaning and effect thereof, and he/she is fully authorized to execute this Agreement and intend to be legally bound thereby.

Artist Producer

Date Date

Page 5 of 5

You might also like