Whereas it is unlikely that Ghosts With Shit Jobs will make a profit by being sold to broadcasters and/or distributors given that it is a no-budget production,
I nonetheless desire to work on this film project either out of an interest in science fiction, the aesthetics of film-making, the principle of autonomous creation, the development of professional skills, the comradery of teamwork, or some combination thereof,
So long as any hypothetical compensation should be as equitable as possible according to my efforts, and the process itself should be as fair, transparent and accountable as possible,
Therefore, I hereby agree to the following contract:
1) I will log the hours I spend working on this project, with the understanding that my percentage of the profit will be equal to percentage of the total hours, irregardless of role, after having worked ten hours (eg. If there is a $100 profit and I have worked 10 hours on a project that took 100 hours, I will receive $10).
2) I will log hours for, but not limited to, the following activities: organizing or taking part in the preparatory film workshops, contributing to the project blog, research, securing locations, working transport, securing actors, acting, working sound or lights, constructing props, shooting video, assisting in catering or craft services, working in makeup or wardrobe, creating special effects, editing sound and/or video, or promoting the screening of the film.
3) I will record my hours as diligently and honestly as possible as soon as it is practical to do so after taking part in activities related to the film project, given that padding hours amounts to taking hypothetical money away from other project participants who are being accurate in their logging, while under-reporting hours ultimately amounts to ripping myself off.
4) I will be asked via the website email notifications to submit my hours at three points i) after pre-production is completed; ii) after production is completed, and iii) after post-production is completed. I will have two weeks to do so, failing which my hours will not be counted.
5) I understand that my payment, should I receive one, will be deferred until incurred film costs have been covered, and as such I will attempt to reduce incurred costs by posting any expenses over $100.00 to the project blog so that other project participants can be aware of the expense, suggest cheaper or free alternatives, or contest the expense.
Name: ________________________________________________________________________
Signature: ____________________________________________________________________
Date: _________________________________________________________________________
The above was written by Dave, and read informally by a lawyer who thought it sounded fine. This next one is an edited version of a standard appearance release form.
PERSONAL RELEASE FOR APPEARANCE IN A PRODUCTION
To: No Media Kings and Filmquake
For $0.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby irrevocably consents to the following:
I hereby consent to my name, likeness, image and voice being interviewed, recorded, photographed, filmed and taped by you via picture and sound, together with any and all information, biography, photos or materials of any nature provided by me (collectively the “Contributions”) for the television or film production being produced by you, presently entitled “Ghosts With Shit Jobs” (the “Production”), and hereby grant the following rights to you as evidenced by my signature on this release (the “Release”):
You have the right, but not the obligation, to exhibit, exploit, advertise and translate the Production, together with my Contributions to it, throughout the universe in perpetuity and in all languages, in and by any and all means or forms of media now known or in the future discovered, including sequels, prequels, remakes, serials, adaptations and all ancillary and subsidiary rights thereto (including without limitation, linear and non-linear CD-Rom, CDI, Internet, electronic publishing and other interactive media products). You may freely use, translate, adapt, revise, add to, edit and subtract from the Production and my Contributions to it and any information, material, scenes and/or situations contained in it and/or furnished by me to you. You may freely at your sole discretion assign, license, transfer or otherwise dispose of or exploit any of these rights in whole or in part without notice to, or further consent from, me being necessary. You may also use in your sole discretion, the Production and my Contributions to it, including my name, likeness, image, voice, biography, photographs and recordings of me in all languages and all forms of media now known or in future discovered, throughout the universe, in perpetuity, in advertising and promoting the Production.
I waive and relinquish all rights and remedies at law or in equity, including moral rights, and release and forever discharge you and all others dealing with you from, and agree not to sue you or any of them, with respect to any claim, cause of action, liability, loss or damage of any nature whatsoever arising out of your exercise of the rights granted herein, including claims relating to defamation or invasion of any right of copyright, privacy, personality or publicity. In no event shall I be entitled for any reason whatsoever to enjoin, restrain or interfere with the distribution
and/or exhibition and/or exploitation of the Production or its advertising or publicity.
I acknowledge that I am not a member of ACTRA or any other similar union or guild.
I have read and understand this Release prior to signing and I am fully familiar with all terms herein and I warrant and represent that I have the full right, authority and capacity to sign this Release and grant the rights granted herein.
This Release shall be governed by the laws of the province of Ontario and the country of Canada.
I declare that I am not under the age of eighteen (18) years.
Date: ________________, 2009
Signature: ___________________________ Witness Signature:__________________________
Name (Print): ________________________ Witness Name:_____________________________
Address: ______________________________________________________________________
Telephone: __________________________ E-Mail Address: ____________________________
If under 18 years of age: Parent or Guardian Agreement I have read, understood and agreed to the foregoing. I represent and warrant that I am the parent or legal guardian of the individual named in the above Release who is a minor and that I am entitled and authorized to sign this Release and grant the rights granted hereunder to you. I indemnify you, your successors and assigns against any loss or claim if the minor disavows the Release because the minor was a minor or for any other grounds whatsoever.
Signature: ______________________________ Witness Signature: _______________________
Name (Print): _______________________________ Witness Name: ______________________