Agreement for Engagement of Performing Artist

ON CAMERA AUDIO VISUAL (IN HOUSE) PERFORMERS AGREEMENT

Agreement for engagement of performing artist

Artist:______

ID number: ______

Tax number: ______

Physical address: ______

______

Agent:______

Physical address: ______

______

Production Company:______

______

Physical address: ______

______

______

(Hereinafter referred to as the COMPANY)

engages

______

(Hereinafter referred to as THE ARTIST),

who accepts such an engagement to perform in an Industrial / Corporate Theatre Production subject to the following terms and conditions.

1.The COMPANY hereby engages the ARTIST, who accepts the engagement, as an on camera performer in the audio-visual as detailed below, subject to the following terms and conditions:

2.Title of Audio-visual:______

Client Company:______

Role to be performed: ______

3.The date on which the above performance is to be rendered:

Rehearsal date:______Time: ______

Dates: ______Time: ______

Any additional calls, or changes in schedule, are subject to the Artist’s other contractual obligations.

4.REMUNERATION AND PAYE:

4.1REHEARSALS, TRAVEL & PERFORMANCES:

The PRODUCTION HOUSE shall remunerate THE ARTIST for travel, rehearsals and per performance.

4.1.1.Rehearsals

4.1.2Performances

4.1.3Travel

4.2PAYMENTS: (be specific as to the due date of payment)

Payment for the rehearsal period and performances will be made no later than 15 days (15) from date of performance after receipt of the original invoice. All fees are exclusive of vat.

4.2.1Date of Payment : ______

4.2.2It is hereby recorded that the PERFORMER is contracted exclusively on a freelance basis for the purpose of fulfilling the specific function as set out in the agreement. Should the performer make use of an AGENT as a FACILITATING PARTY, the relationship between the PRODUCER and the PERFORMER is not altered in any way. The AGENT does not take on the role of Principal for either Labour or Tax purposes.

4.2.3Payment Structure:

Payment due to Facilitator

R______(Facilitation fee: Vatable service, Non –taxable)

Due as a Facilitation Fee for every fee as itemised

Payment due to Performer:Fee per Call Rendered

R______(Non – Vatable service, Taxable)

The Facilitation Fee will apply on a pro rata basis in the event of payment due to the Performer for overtime, hold days, travel days, or any other applicable remuneration.

The total payment due in terms of this agreement will amount to per call.

4.2.4It is recorded herein that the amount which as accrued to the performer as their remuneration (as defined) only amounts to what is noted above as being due to the performer. The facilitation fee is a separate arrangement between the producer and the facilitator and has in no way accrued to the performer and therefore is excluded from his remuneration. For Administration purposes these two costs have been included in one contract.

4.2.5PAYMENT(S) TO BE MADE TO THE AGENT, who will provide the company with a detailed invoice, a certified copy of the Artist’s ID number and any Tax Directives or additional Tax related paperwork, as required. COMPULSORY TAXES as per SARS requirements.

4.2.6Tax (PAYE) will be deducted by the Production House, unless otherwise agreed in writing. The Production House is responsible to provide the artist with an IRP5.

4.3CANCELLATION:

4.3.1cancellation fees will be applicable where a minimum amount of performances have been agree

to/ or

4.3.2where a confirmed performance date is postponed to a date that the artist is not available (cancellation in case of replacement of artist should be negotiated)

4.3.350 % cancellation fee is payable should a booking be cancelled within five working days prior to the engagement.

4.3.475% cancellation fee is payable should a booking be cancelled seventy two hours prior to the engagement

4.3.5100% cancellation fee is payable should a booking be cancelled twenty four hours prior to the engagement

4.3.6should performances be cancelled during a run and no minimum guarantee is in place, the artist will be paid for work done to date of cancellation and a cancellation fee will be negotiated between the Production House and the artists’ agent.

5.A call shall consist of a maximum of 10 consecutive hours, which hours shall include travel to and from studio and location, make-up, travelling time during the call for production purposes, and all meals and tea breaks.

6.The COMPANY acknowledges that the artist has been engaged to perform in a CORPORATE AUDIO-VISUAL for IN HOUSE use only: IN HOUSE use being defined as for use internally by a COMPANY for viewing by its employees only. Any additional use of the ARTIST's performance is specifically excluded unless stipulated below under special terms and conditions.

7.Overtime will be implemented as follows: time and a half per hour of the ARTIST’S daily call fee for every hour worked over and above the ten hour day contractual limit. The maximum hours worked per day may not exceed sixteen.

8.Studio voice over or narration other than the character performed by the artist, as scripted text for the character, will be remunerated according to the current Standard PMA Voice Rates (available on These voice recordings are referred to as AV or corporate voice recordings. A Post Sync feewill be charged for any additional voice performance not recorded during call time, or for correcting audio due to technical reasons and will be charged according to the current standard PMA Voice Rates, performance fee only.

9. SPECIAL CONDITIONS :

ACCOMMODATION:

9.1Where the PRODUCTION HOUSE requires THE ARTIST to remain overnight at a performance location, the PRODUCTION HOUSE shall provide THE ARTIST with reasonable single accommodation and meals and/or per diems.

9.2All other telephone bills, bar bills and room service bills are for THE ARTIST’S account.

10.BREACH:

If THE ARTIST breaches any terms in this agreement or THE ARTIST is absent from any scheduled performances, rehearsal or other attendance by reason other than illness or accident the PRODUCTION HOUSE shall be entitled to terminate this agreement immediately without prejudice to any rights to damages which may result there from.

11.GENERAL:

11.1THE ARTIST acknowledges that all information pertaining to the production, the PRODUCTION HOUSE and the PRODUCTION HOUSE’S client/s is confidential.

11.2 It is THE ARTIST’S responsibility to get to a scheduled performance/rehearsal (or an agreed

central point for collection) for all performances/rehearsals scheduled within Johannesburg.

11.3 The management is permitted to make a recording of this production during a performance for

archive purposes only, at no additional fee to the artist, provided that no additional performances

are required for this task.

11.4Should the recording of the performance be for anything other than archive purposes, then the artist/agent will renegotiate for the use of the performances in whichever capacity it has been used.

11.5Should the artist be required to use his/her own costume or wardrobe a mutual agreed fee will be

paid to the artist directly.

11.6S & T will be paid to the artist directly at an amount of R

per day starting date to

12.INSURANCE:

12.1The company will provide the artist with appropriate insurance, or details as to the insurance and attach it to this agreement as Annexure B.

12.2In the event of dangerous acts, the artists has to be brief before hand and retains the option of refusal, in which case the Production House is entitled to renegotiate this agreement.

12.3In the event that the Production House has no insurance the artist has to be informed before hand and retains the right of refusal and renegotiation of this agreement.

13.PENCIL / OPTION BOOKINGS:

Should the artist be pencilled for a date, the company has first option on the artists’ services on the specific date only. Should the artist be offered other work on the date specified, the company will be informed and would need to contract the artist or release the artist within 24 Hours.

14.COPYRIGHT AND RECORDING:

14.1The property rights on the script, music, characters and production shall rest with the PRODUCTION HOUSE and THE ARTIST shall not be allowed to perform this production/character without the official agreement from the PRODUCTION HOUSE.

14.2Any recording of THE ARTISTS’ performance in this production will be used for archive purposes only.

14.3 Confidentiality, all information about the production and its clients is confidential, no information may be used by the artist outside of the production referred to in this agreement.

15.SPECIAL TERMS & CONDITIONS:

Invoice Details

Company Name:

Production Contact Person:

Company Reg. Number:

Company Vat Number:

Company Postal Address:

Company Tel number:

Company Fax Number:

Responsible (Accounts) Name:

1