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Independent Contractor

Review of Terms - SERVICES Agreement

This document is not intended to function as or replace an official offer of employment generated by the Company. It is solely intended as a confirmation of verbally agreed terms outlined by the Company and agreed upon by the Contractor. It is the intent of the VES that anyone using this document seeks the advice of legal counsel to develop an agreement that meets their specific needs.  As country, state and local laws may differ, any legal questions should be referred to appropriate legal counsel.  This sample services agreement may be downloaded from this website as a guide in the development of your personal agreement.  There is no penalty or threat of penalty for the reproduction or use of documents from this site.  However, the VES, or any of their affiliated members or organizations make no warranty, expressed or implied, with respect to this document

This is a review of terms of a Services Agreement as proposed by and between [ENTER NAME HERE] (“Contractor”), and [ENTER COMPANY NAME HERE] (“Company”) as discussed and verbally agreed upon on [ENTER DATE HERE] (the “Effective Date”).

SERVICES TO BE PERFORMED BY CONTRACTOR

Contractor agrees to use best efforts provide services as a [ENTER JOB TITLE HERE] for the benefit of Company in connection with the following project(s): [ENTER PROJECT(S) HERE]. The services of Contractor under this Agreement shall be rendered to the Company on a non-exclusive, first priority basis, with no services of Contractor for third parties or for Contractor’s own account to materially interfere with Contractor’s obligations to Company under this Agreement

TERM OF AGREEMENT

The Term of this agreement shall commence on [ENTER START DATE HERE] with an anticipated completion date of [ENTER END DATE HERE]. Should the Company book the Contractor for additional time past what is indicated here, this additional time will be formally requested in the form of an amendment or change order generated by the Company and presented to the Contractor.

PRODUCTION WORK WEEK HOURS

Project work week is scheduled for [INSERT 40,45,50 HERE] hours based on a 5 day week. The Contractor accepts that work week hours and days may increase during the course of Production, especially nearing delivery. In the event that the work week hours become excessive, the Company will make a good faith adjustment in the compensation to be paid to the Contractor.

COMPENSATION

Company agrees to compensate Contractor as follows:

[If Contractor has agreed to a Weekly or Daily Rate, Please use paragraph below or delete]

$ [INSERT AGREED WEEK OR DAY RATE HERE] Per [Week/Day], USD. Contractor agrees that Contractor will not hold the Company liable for any additional compensation beyond the above noted rate without prior written approval of the Company which approval Company shall not unreasonably withhold or delay.

[If Contractor has agreed to a Weekly or Daily Rate, With a different 6th and 7th day compensation Please use paragraph below or delete]

$[INSERT AGREED WEEK OR DAY RATE HERE] Per [Week/Day/Project], USD. [Note: Remainder of this paragraph not applicable for per project deals. Delete if per project rate.] Hours worked in the Sixth consecutive day will be paid at a rate of [INSERT AGREED 6TH DAY RATE HERE] . Hours worked in the seventh consecutive day in a week will be paid at [INSERT AGREED 7TH DAY RATE HERE]. Contractor agrees that they will not hold the company liable for any additional compensation beyond the above noted rate without prior written approval of the Company which approval Company shall not unreasonably withhold or delay.

[If Contractor has agreed to an hourly rate, Please use paragraph below or delete]

$[INSERT AGREED HOURLY RATE HERE] Per Hour, USD. Contractors wages are based on an hourly rate with no day rate guarantee. Contractor will be paid at the legally applicable overtime compensation rate(s) for time Contractor works in excess of eight (8) hours in a day or forty (40) hours in a workweek. All hours beyond 8 hours worked within the first 5 consecutive work days will be paid at a rate 1.5x the agreed rate. Hours beyond 12 hours worked within the first 5 consecutive work days will be paid at 2.0x the agreed rate. Hours One (1) thru Twelve (12) of the Sixth consecutive work day will be paid at 1.5x the agreed rate. Hours beyond 12 within the Sixth consecutive work day will be paid at 2.0x the agreed rate. Hours One (1) thru Eight (8) of the Seventh consecutive work day will be paid at 1.5x the agreed rate. Hours beyond 8 within the Seventh consecutive work day will be paid at 2.0x the agreed rate. Company acknowledges and agrees that the above pay structure is mandated by the State of California Department of Labor. Contractor agrees that Contractor will not hold the company liable for any additional compensation beyond the above noted rate without prior written approval of the Company.

Contractor understands and agrees that all overtime must be approved by the Company before any overtime is worked. Contractor further understands that Company will not be held liable for compensation of overtime hours unless expressly approved by the Company.

PAYMENT TERMS

The Contractor will submit an invoice for Services to Company, reflecting the actual amount of work performed and amount due to Contractor, after which Company will pay amounts owed to Contractor in accordance with Company’s standard payment procedure. Payment will be made within Ten (10) days after receipt of a correct and undisputed invoice by the Company payable through company’s standard payroll procedure.

CREDITS & DEMO REEL ELEMENTS

Company will use Company’s best efforts to afford Contractor a screen credit as [INSERT JOB TITLE HERE]. In the event a screen credit cannot be provided, Company will support and approve an IMDB listing as un-credited. Company agrees that the Contractor has the right to utilize his work product for non-commercial uses in connection with his demo reel after the release of the project and that Company will use reasonable, good faith efforts to provide materials to Contractor which Company shall not unreasonably withhold or delay.

STATUS AS INDEPENDENT CONTRACTOR

The Contractor understands that Contractor is entering into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor and will not become an employee, partner, agent, or principal of Company while this Agreement is in effect. Contractor agrees that they are not entitled to the rights or benefits afforded to Company’s employees, including disability, worker’s compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at Contractor’s own expense, disability, and other insurance, training, permits, and licenses for Contractor, where applicable.

Further, Contractor acknowledges responsibility for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Company to Contractor for Services under this Agreement. Contractor agrees to indemnify Company for any claims, costs, losses, fees, penalties, interest, or damages suffered by Company resulting from Contractor’s failure to comply with this provision.

Contractor acknowledges and agrees to be bound by all relevant aspects of the contractual agreement between Company and its clients, including but not limited to ownership of work product, warranties, conflicts of interest, and confidential information, and any matters incidental and/or relating thereto.

Company shall indemnify, defend and hold Contractor harmless from and against any and all claims relating to the development, production, distribution, exhibition, marketing, advertising, publicly, promotion, and exploitation of the Project or any element thereof.

The above outlines the employment agreement as understood by the Contractor. In the event that this differs from the understanding of the Company, the Contractor request that the Company contact them immediately at [INSERT CONTACT NUMBER HERE].

Contractor

[SIGN HERE]

Printed Name: [PRINT NAME HERE]

Date: [INSERT DATE HERE]



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