Standard Legit Actors Agreement Form? at DVinfo.net

Joel Bradley · February 7th, 2008, 10:20 PM

Anyone have a link to a standard actors agreement form? Something that isn't too complicated? I am shooting a video for a contest where I need my actors to sign a form agreeing that they will appear in my short. Or maybe some tips of writing my own form?

Also if I am shooting on my friends property do I need him to sign a location agreement as well?

Carl Middleton · February 7th, 2008, 10:32 PM

Quote:

Originally Posted by Joel Bradley

Also if I am shooting on my friends property do I need him to sign a location agreement as well?

I've had my mother sign a location release. Mind you, it was at a business location, but you get the point. :) Always always always, friend or not, get the release signed. a pen and paper agreement means that your friend can't sue you if he decides he's not as good of a friend as you thought, etc.

C

Paul Mailath · February 8th, 2008, 01:47 AM

there are some on the web if you search

Here are some we've used:

Regardless of the rules for the contest you should always get release forms signed - even if it's not for a contest

Joel Bradley · February 9th, 2008, 10:51 AM

If they are all 18 do they still need a legal guardian sign?

BTW thanks guys for the help!

Paul Mailath · February 9th, 2008, 07:55 PM

Quote:

Originally Posted by Joel Bradley

If they are all 18 do they still need a legal guardian sign?

shouldn't think so - depends on the laws in your country - I included it as it's a catch all form

Bill Mecca · February 9th, 2008, 08:25 PM

One Caveat, I believe and have been told, that in order for it to be a legal contract, the "actor" must receive something of value in return. Even $1, will suffice.

Chris Barcellos · February 10th, 2008, 12:01 AM

Quote:

Originally Posted by Bill Mecca

One Caveat, I believe and have been told, that in order for it to be a legal contract, the "actor" must receive something of value in return. Even $1, will suffice.

Not true. Consideration can be anything, including the value of the exposure actor gets in film....$ 1 requirement is really a myth... In fact in the 48 hour Film contests, the participant must sign a release and one of the rules of the contest is that no one gets paid for any work.

Jim Andrada · February 10th, 2008, 12:31 AM

Before I say anything, let me preface my remarks by saying that I am not an attorney. I don't offer legal advice. Anything I say can be and probably is wrong and you shouldn't pay any attention.

I'm not an attorney and officially know nothing. Don't rely on anything I say. Everything I say is probably wrong!

Enough disclaimers???

I think if you look at any text on contracts, you'll find that three thing are required for the formation of a contract; an offer, an acceptance, and a consideration, which can be monetary, or the performance of an action, or even the forbearance from the performance of an action. Contracts can be written or verbal, althought the written kind are much to be preferred.

If you're the little piggy with a straw house, and I'm the wolf, and you offer to paint my picture if I agree not to blow down your house and I agree, and we sign a piece of paper, we don't yet have a contract. As soon as I refrain from blowing down your house, bingo, the contract is formed, and you're on the hook for one picture of a fat old wolf, because I've provided the consideration,or thing of value, of not doing anything to your house. Unless of course there's some law that says that it's illegal to blow down houses, made of straw or otherwise, in which case the contract won't be worth the paper its written on.

Put another way, if I ask you to sign a model release and appear in my video, and you agree to sign it and appear in my video, and I do indeed make the video and you do indeed appear in it, then we've both acted in a manner consistent with the existence of the agreement, which I believe satisfies the requirement of a consideration, and I think it would be hard to argue that the release isn't valid, regardless of whether I pay you any money or not.

Of course, regardless of anything we've agreed to, we can always sue each other, and it is then up to the court to decide if we had a legitimate agreement or not, and there are a zillion things that could influence the decision one way or the other. There's no "right thing" anyone can do to keep themselves out of court, just things they can do to improve the odds of surviving the experience.

To put it simply, I don't think you need to pay anyody anything for signing the model release - unless that's part of the agreement under which they appear in your video.

Carl Middleton · February 10th, 2008, 08:10 AM

<INSERT ALL OF JIM'S DISCLAIMERS HERE>
Yes, I cheated. ;)

I tend to give everyone involved a copy of the final product anyways, and for most people willing to help in such a production for free it does one of two things - portfolio work if they're trying to get started in the business, or a really cool DVD/pictures/etc to show the friends and family. Either which way, it is an item of value.... and I would think worthy of the term fair consideration.

C

Joel Bradley · February 10th, 2008, 09:37 AM

Good info guys.

Yeah I'm not working with a huge budget, or even "real" actors. Just my friends, so I don't have money or anything to pay them. I just told them their going to have a good time, and I'll probably order us a pizza or something. The advantages of having friends be in your films. Haha.

February 7th, 2008, 10:20 PM	#1
Joel Bradley Regular Crew Join Date: Mar 2006 Location: Sayre Posts: 30	Standard Legit Actors Agreement Form? Anyone have a link to a standard actors agreement form? Something that isn't too complicated? I am shooting a video for a contest where I need my actors to sign a form agreeing that they will appear in my short. Or maybe some tips of writing my own form? Also if I am shooting on my friends property do I need him to sign a location agreement as well?

February 9th, 2008, 08:25 PM	#6
Bill Mecca Major Player Join Date: Nov 2005 Location: New Jersey Posts: 475	One Caveat, I believe and have been told, that in order for it to be a legal contract, the "actor" must receive something of value in return. Even $1, will suffice. __________________ Award-winning Pine Barrens Documentary! Video, Audio, Music & More

February 10th, 2008, 08:10 AM	#9
Carl Middleton Major Player Join Date: Sep 2007 Location: Fernandina Beach, FL Posts: 562	<INSERT ALL OF JIM'S DISCLAIMERS HERE> Yes, I cheated. ;) I tend to give everyone involved a copy of the final product anyways, and for most people willing to help in such a production for free it does one of two things - portfolio work if they're trying to get started in the business, or a really cool DVD/pictures/etc to show the friends and family. Either which way, it is an item of value.... and I would think worthy of the term fair consideration. C __________________ Carl Middleton Whizkid Mediaworks

February 9th, 2008, 10:51 AM	#4
Joel Bradley Regular Crew Join Date: Mar 2006 Location: Sayre Posts: 30	If they are all 18 do they still need a legal guardian sign? BTW thanks guys for the help!

February 10th, 2008, 12:31 AM	#8
Jim Andrada Inner Circle Join Date: Feb 2007 Location: Tucson AZ Posts: 2,211	Before I say anything, let me preface my remarks by saying that I am not an attorney. I don't offer legal advice. Anything I say can be and probably is wrong and you shouldn't pay any attention. I'm not an attorney and officially know nothing. Don't rely on anything I say. Everything I say is probably wrong! Enough disclaimers??? I think if you look at any text on contracts, you'll find that three thing are required for the formation of a contract; an offer, an acceptance, and a consideration, which can be monetary, or the performance of an action, or even the forbearance from the performance of an action. Contracts can be written or verbal, althought the written kind are much to be preferred. If you're the little piggy with a straw house, and I'm the wolf, and you offer to paint my picture if I agree not to blow down your house and I agree, and we sign a piece of paper, we don't yet have a contract. As soon as I refrain from blowing down your house, bingo, the contract is formed, and you're on the hook for one picture of a fat old wolf, because I've provided the consideration,or thing of value, of not doing anything to your house. Unless of course there's some law that says that it's illegal to blow down houses, made of straw or otherwise, in which case the contract won't be worth the paper its written on. Put another way, if I ask you to sign a model release and appear in my video, and you agree to sign it and appear in my video, and I do indeed make the video and you do indeed appear in it, then we've both acted in a manner consistent with the existence of the agreement, which I believe satisfies the requirement of a consideration, and I think it would be hard to argue that the release isn't valid, regardless of whether I pay you any money or not. Of course, regardless of anything we've agreed to, we can always sue each other, and it is then up to the court to decide if we had a legitimate agreement or not, and there are a zillion things that could influence the decision one way or the other. There's no "right thing" anyone can do to keep themselves out of court, just things they can do to improve the odds of surviving the experience. To put it simply, I don't think you need to pay anyody anything for signing the model release - unless that's part of the agreement under which they appear in your video.

February 10th, 2008, 09:37 AM	#10
Joel Bradley Regular Crew Join Date: Mar 2006 Location: Sayre Posts: 30	Good info guys. Yeah I'm not working with a huge budget, or even "real" actors. Just my friends, so I don't have money or anything to pay them. I just told them their going to have a good time, and I'll probably order us a pizza or something. The advantages of having friends be in your films. Haha.