TERMS AND CONDITIONS:
I am legally authorised to work in the jurisdiction of the Film.
I have agreed to participate, to the best of my skill and ability, in the production of the Television Series (“the Services”). I am and good health and have no condition which would place myself, the Company or any third party at risk and agree to advise the Company of any known medical conditions I may have or may develop during the period I provide the Services.
I understand that the Services are provided during a global pandemic of the coronavirus disease 2019 (Covid-19). The Company, to ensure a safe and responsible Production, has put in place preventative measures and other protocols including symptom screening, the wearing of masks, personal hygiene, social distancing, cough etiquette and personal protective equipment to reduce the spread of the COVID-19 on the Production. I acknowledge that the virus is highly contagious and unpredictable and that my involvement with the Production may subject me to the risk of being infected with COVID-19. I am fully aware of, and voluntary assume the risk and the consequences of contracting Covid-19. I undertake to familiarise myself with and to comply with all of the Company's Covid-19 protocols including but not limited to hygiene, symptom screening and monitoring, testing, social distancing and the wearing of Personal Protective Equipment.
I agree that I must be free of the COVID-19 virus before I will be allowed to enter the Production workplace to render any Services in terms of this Agreement. I agree that I will, on the day before I am due to render the Services, present myself, at a place designated by the Company, for COVID-19 testing. The test will be at the Company’s cost. No additional fee shall be payable for the test.
I understand that the Company must take all necessary steps to create and maintain a safe workplace. I accordingly agree that I will not be engaged in terms of this Agreement or allowed entry to the Production workplace if have tested positive for the COVID-19 virus.
I understand and agree that I must disclose to the Company whether I have any health issues, comorbidities or conditions that would place me at higher risk for serious complications and severe illness from Covid-19.
I understand that I must not attend at the premises where the services are rendered if I display any of the symptoms of Covid-19. I undertake to immediately inform the Company if I, or any members of my household or immediate family, develops or presents with any of the Covid-19 symptoms. I understand that I will not be physically allowed back onto the Production workplace until I have completed the mandatory 10 days of isolation from onset of my symptoms. I agree that the mandatory 10 day isolation period will also apply to me where I have had high risk exposure to a person that is infected with the Covid-19 virus.
I agree that the Company shall not be liable for any costs whatsoever that I may incur as a result of: my contracting the Covid-19 virus; having to self-isolate or quarantine as a result of the virus; nor any other costs related directly or indirectly to the effects of the virus on the Production.
I hereby indemnify the Company against, and hold it harmless from any damages, liabilities, losses, costs, expenses, obligations or claims (including, without limitation, reasonable outside attorneys’ fees and costs) that may result, directly or indirectly, (i) as a result of any breach of this Agreement by me, or as a result of any breach of any of my obligations provided in this Agreement, and/or (ii) from or during my performance of the Services in terms of this Agreement where I perform those Services in a negligent manner and/or (iii) where I lack the qualifications, skill and training to successfully and safely perform the Services required of me and/or (iv) as a result of any breach by me of any of the Company's COVID-19 protocols and Company safety guidelines.
I acknowledge and agree that the Company retains sole discretion on whether to use, modify and/or change in any manner whatsoever my Services.
As consideration for the Services, the Company has agreed to pay me a fee of (Seen Above) (the “Fee”) (the sufficiency of which I hereby acknowledge) (the “Agreement”), which Fee shall be payable upon completion of the Services to the Company.
I hereby give my consent to being filmed and/or recorded in connection with the Television Series and I irrevocably and unconditionally assign to Company and for the avoidance of doubt, its assignees with full title guarantee all of my right, title and interest of whatsoever nature (whether now or hereafter known or created and whether vested or contingent) in and to all such copyright, present or future, in the Television Series (including all rights in the nature of copyright and all similar rights relating to the Television Series and any and all rental and lending rights) and of all the existing and future results and proceeds of my services performed pursuant to this Agreement and otherwise in connection with the Television Series (“Work”) for Company to hold the same absolutely, throughout the universe, for the full period of such rights wherever subsisting or acquired and all renewals, reversions, revivals and extensions of such rights and thereafter (insofar as is or may become possible) in perpetuity. I acknowledge and agree that for the purposes of the copyright laws of the United States, the Work shall be considered “works made for hire” for Company, or alternatively, if it is not deemed a work for hire, I hereby cede and assign to the Company all of my right title and interest in such Work commissioned on behalf of the Company.
I hereby grant all consents which Company may require including but without limitation those required under the Copyright Act 98 of 1978, the Performers Protection Act 11 of 1967 (or any amendments or variations or modifications thereof from time to time) or similar consents required under the laws of South Africa and the laws of any other jurisdiction (including the United States Copyright Act). In addition, I irrevocably waive the benefit of any moral rights in respect of the Television Series and the Work throughout the world and agree that the film/tape of pictures and/or sound may be cut, modified, added to and/or deleted in whole or in part for the purposes of producing and exploiting the Television Series or any publicity material associated with the Television Series and may be used in any other way that Company in its absolute discretion sees fit in association with the exploitation of the Television Series (including but not limited to advertisement, publicity, public exhibition, commercial exploitation and merchandising and in and in connection with other motion pictures), including any product placement in connection therewith and in-context and out-of-context advertising or for any other purpose and in any medium whether now known or hereafter devised or developed and in any language throughout the universe in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, I unconditionally and irrevocably consent, for the benefit of everyone throughout the world in perpetuity, to any past, present and future doing of any act or omission in relation to the Television Series and the Work of any kind and extent (including the making of any material alterations to the Television Series and the Work) in that jurisdiction.
I agree that the sums payable hereunder are a complete buy-out of all rights in the Work hereunder and that I shall not be entitled to any further sums whatsoever by reason of the exploitation of the Television Series and all ancillary products or from any other exploitation of any of the rights in the Work by any and all means and in any and all media now known or hereafter devised throughout the universe in perpetuity. I further confirm that the Fee payable by Company in respect of my Services in connection with the Television Series takes into account and includes full, equitable and adequate remuneration for the assignment and exercise of my rental and lending rights. I acknowledge and agree that I will be bound by these terms, generally, irrespective of whether any remuneration is paid or payable to me.
I acknowledge and agree that Company may make a fixation of my participation in the Television Series and/or a reproduction thereof within the meaning of the Performers’ Protection Act 11 of 1967 (as amended from time to time) and further that my name, photograph or other reproduction of my physical likeness and/or recording of my voice and my biography may be used in the exploitation, publicity and advertising (including product placement and in-context and out-of-context advertising) of the Television Series and ancillary rights in respect of the Television Series for any purpose and in any medium whether known of hereafter developed throughout the universe in perpetuity.
I hereby agree that my voice may be dubbed into any language. Without limitation to the foregoing, I hereby grant Company the right to shoot “behind-the-scenes” footage and to use my working name, likeness and voice in publicity related photographs, “outtakes/behind-the-scenes” films, bonus materials, “electronic press kit(s)”, video releases, music recording, theme parks, on-line and in connection with any development, production, advertising, publicity, publishing, merchandising or exploitation of the Television Series without additional compensation.
I acknowledge that I shall not be entitled to any form of screen or other form of credit for my participation in the Film.
I acknowledge that in no event shall I be entitled to prevent, restrain, or interdict the production, distribution, exhibition, advertising, publishing, publicity or exploitation of any still and motion picture and sound recording or other Television Series production undertaken by the Company or its licensees or assignees, including, without limitation, the Film, or otherwise be entitled to any interdict, injunctive or other equitable relief in connection therewith. I agree that any claim I may have against Company in relation to an alleged right or dispute arising as a result of this Agreement, that such claim shall be limited to direct monetary damages, if any, actually suffered by me. The Company shall in no way or form be liable for any indirect or consequential damages suffered by me.
I acknowledge that the Company takes no responsibility for loss or damage of personal property.
I shall keep confidential this Agreement and all matters relating to the Television Series (including, without limitation, the script, the plot, any elements thereof, any set design, props and effects, and activities of the cast and crew) and the Company’s business and production activities.
I acknowledge and agree that (a) the use by me or any other person authorized by me of cameras and the taking or making of any photographs or reproductions or releasing content relating to the Television Series (print or moving content) is strictly prohibited and (b) such content shall not be posted anywhere including, without limitation, to any internet sites or social media platforms including, but not limited to, You-Tube, Facebook, Twitter or Instagram or similar site.
In addition, I shall not disclose, make or authorize any news stories, statements, blogs, tweets, articles, books or other publicity relating directly or indirectly to the Television Series or my involvement with the Television Series in any manner whatsoever, whether to a single or multiple recipient(s) or onto the internet or by means of other technologies without the express prior written authority of the person authorised by the Company.
I understand and agree that all such information is strictly confidential and the taking or dissemination of any such confidential information shall constitute a material breach and will cause the Company irreparable harm, not measurable in money. In the event of a breach of this clause me, in addition to any remedies at law, the Company shall be entitled to equitable (including injunctive) relief.
This Agreement contains the entire agreement of the parties with respect to its subject matter. It sets out the only agreement which may be relied on by the parties and supersedes all early agreements or conduct by the parties with respect to its subject matter. The Company may assign or license the benefit of this Agreement (in whole or in part) to any third party, subject to the Company remaining liable for its obligations under this Agreement.
This Agreement shall be construed in accordance with and governed and interpreted by the laws of South Africa and any disputes arising under this Agreement shall be referred to arbitration in Cape Town in accordance with the provisions of the expedited Rules of the Arbitration Foundation of Southern Africa.