Talent Contract

______________________________________________________________________________________
This CONTRACT is made and entered into this _____ day of ______ at ____ City, Philippines
by and between TALENT NAME (hereinafter referred to as the “TALENT”);

- and -

[Name of Agency], a domestic corporation with office at _________________, City

(hereinafter referred to as the “AGENCY”)

WITNESSETH: That -

WHEREAS, the CLIENT desires to utilize the services of the TALENT for the
Advertising Campaign hereinafter described and the TALENT accepts the CLIENT’S offer for
the engagement of his services;

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties
hereby agree as follows:

A. ADVERTISING PACKAGE:

1. The TALENT hereby agrees to render to the CLIENT the following services:

1.1 To appear and perform as Talent in/for AGENCY’S / CLIENT’S production

of the advertising campaign entitled “________” for CLIENT’S product
___________ which shall include:

____ TV COMMERCIAL ____ ALL POPs / POS

____ PRINT AD ____ RADIO COMMERCIAL
____ POSTER ____ CINEMA COMMERCIAL
____ OTHERS (ONLINE/WEB) ____ BILLBOARD
DIGITAL UPLOAD

2. Shooting/recording sessions and the schedules required for the production and
pre-production activities of the aforementioned advertising materials shall be
determined by the AGENCY and discussed and advised to TALENT at least
three (3) days prior to the actual date of shooting or recording. TALENT
likewise agrees to make himself available for any re-shoot/re-recording the
AGENCY/CLIENT may deem necessary to improve the overall quality of the
production and ensure that it is commercially acceptable/accepted by
CLIENT/AGENCY. Such shooting-recording sessions and/or production/pre-
production activities may be re-scheduled as necessary, particularly in case of
fortuitous event or force majeure as the term is defined by law and the
provisions of this Contract.

3. The TALENT may be called to appear alone or with other talent/artists in the
aforementioned advertisements/ engagement as determined by the CLIENT.

4. The CLIENT will pay for meals which the TALENT may reasonably incur
during the abovementioned advertising/engagement.

B. PROVISIONS APPLICABLE TO ALL ENGAGEMENTS:

1. For and in consideration of the services to be rendered by the TALENT for the
advertisements/engagements hereinabove enumerated, the CLIENT shall pay or
cause to be paid to the TALENT AGENT directly the net amount of
___________ PESOS ONLY (PHP ______.00) NET.

It is further agreed and understood that the CLIENT shall remit all taxes
withheld, as required by applicable rules and regulations of the taxing authorities,
 and shall, accordingly, furnish the TALENT with necessary proof of withholding
and remittances of such taxes.

2. The use of the materials for the ____ campaign and any future materials
produced within the tenure of this contract shall be not be limited to Philippines,
but will cover global usage as well as deemed necessary by the CLIENT.

3. No additional fee will be due to the TALENT when the material is edited down
or edited up. No extra fee is due for the first re-shooting/re-recording necessary
to improve the commercial’s over-all quality, including changes in copy.

4. No additional fee will be charged when the advertising materials featuring the
Talents will be used in retrospectives / archive shows / museum set-ups of any
type relating to _______ history

5. In the event that the withholding tax rates shall be increased or decreased by any
law or rules and regulations of the taxing authorities, then the withholding tax
rates to be applied by the CLIENT to payments made under the Contract,
whether specified or not, shall be amended in accordance therewith.

6. The effectivity of this Contract starts upon signing by all parties and TALENT
shall be bound to abide by all its provisions for perpetuity.

There shall be a LOCK OUT FOR ______.

7. There shall neither be an employer-employee nor a principal-agent relationship

between the CLIENT/AGENCY and the TALENT. In this connection, the
CLIENT/AGENCY shall not be liable for any injury, damage, or death that may
occur to the TALENT including loss or damage to property belonging to either
of them in the course of performing their respective obligations herein contained.

8. Although CLIENT/AGENCY is not responsible for injuries or damages to

TALENT as stated in the preceding paragraph, the CLIENT may take out in
favor of the TALENT a Personal Accident Insurance Policy in the amount of
Five Hundred Thousand Pesos (PhP500,000.00) Philippine Currency, for the
duration of production of the advertising material. TALENT hereby waives any
and all damages arising from accident, injury or death that may occur during the
shooting stage of the production of the commercial, provided there is no gross
negligence or wrongful intent on the part of the CLIENT. Premiums on the
policy shall be solely for the account of the CLIENT.

9. TALENT shall maintain a clean and wholesome image during the term of this
contract. TALENT shall therefore not do anything to tarnish this image.

10. The TALENT shall conduct himself as an upright citizen of the Philippines,
abide by all its laws, rules and regulations, and act within the bounds of
acceptable social norms and values. The TALENT shall not commit acts which
are or may be prejudicial to the image and interest of the CLIENT. Specifically,
such prejudicial acts include but not limited to:

a. disparaging the products of the CLIENT, in public or in private;

b. stating in public or in private that the TALENT principal motivation in
appearing in the advertising material was financial inducement; or
c. purchasing or consuming in public products or other similar products of
CLIENT’s competitors.

11. This further warrants that the TALENT has not committed and will not commit
for the duration of this Contract, any act that is or may be deemed prejudicial to
the image of the CLIENT and/or its advertising agency, ________ such as but
not limited to:

a. use or abuse of prohibited drugs

b. excessive alcohol consumption leading to unacceptable behavior
c. lascivious acts or overly intimate actions in public
d. illegal transactions or business
 e. use of foul, inappropriate or offensive language in public

12. The TALENT further binds himself to maintain an image which is

appropriate in keeping with the advertising campaign and corporate image of the
CLIENT. To this end, TALENT shall not during the term of this Contract,
accept and/or portray roles or appear in any material which would not be in
keeping with the clean and wholesome image he/she projects in the advertising
campaign (e.g. no bold roles or appearing in adult material of any kind, no roles
portraying drug addicts, alcoholics or criminals, no roles when he/she is required
to use foul and offensive language).

Violation of any of these stated here would automatically mean a breach of

contract as stated in provision B17 below.

13. The AGENCY/CLIENT hereby warrants and undertakes to safeguard the

voicing/recording/photography/video/film materials of TALENT and shall not
use the same for any illegal purpose or any objectives, which may prejudice or
damage the reputation of TALENT.

14. The TALENT warrants that he is in good physical condition and capable of
performing the services herein stated.

15. The TALENT agrees and acknowledge that all copyright to the advertising
material created hereunder, including the right to reproduce copies thereof
wholly or in part, shall belong to the CLIENT absolutely.

16. TALENT shall not ever divulge confidential matters (including terms of this
contract and the talent fees) which talent might come to know in the process of
producing the commercial, or ever mention the existence of the advertising
material prior to its actual use. Should TALENT violate this provision, he shall
be liable for damages and subject to possible criminal prosecution. Violation of
this provision shall likewise be a ground for termination of this contract.

17. It is agreed that should TALENT be guilty of breach of the provisions of this
contract, he shall be liable to CLIENT/AGENCY for liquidated damages
equivalent to five (5) times the agreed talent fee plus all costs associated with the
re-shooting and reproduction of the advertising materials, in which TALENT or
his/her likeness appears, such as but not limited to the TVC episodes, print ads,
posters, billboards, collateral materials, etc.

TALENT further agrees to forfeit whatever amount that may be due him under
this contract and shall hold himself severally liable for whatever damages that
AGENCY and/or CLIENT has sustained by reason of such breach over and
above the liquidated damages above-mentioned.

18. TALENT warrants that he is not bound by any contract to third persons who
may be prejudiced in any way by his signing of this contract. He further warrants
that he has not appeared and is not in the process of appearing in any
advertisement of whatever medium for products similar to Client’s or for any
competitive products of any company in the Philippines.

19. In case of any shooting or recording work for any of the CLIENT advertisement
is canceled in whole or in part, due to force majeure or fortuitous event as the
same are defined by law or by this Agreement, there shall be no claim for
damages by any party against the other party/parties. If such shooting or
recording work is re-scheduled upon mutual agreement of the parties, payments
received by the TALENT from the CLIENT as required hereunder shall be
considered deposit or payments for the re-scheduled shooting or recording
session. Each party however, shall bear individually expenses incurred by them
prior to the said cancellation or discontinuance.

20. For purposes of this Contract, the term “fortuitous events” shall include events
which are beyond the control of any of the parties such as acts of public
authorities, labor/transport strikes, epidemics, accidents and natural calamities as
 would render it impossible for the parties to perform their respective obligations
hereunder without risk of danger to themselves or their property.

21. This Contract shall not be assigned in whole or in part by any of the parties
without the prior written consent of the other parties.

22. In case of any action arising from the interpretation or the enforcement of any
of the provisions hereof, the venue thereof shall be proper court of Makati City,
Philippines only.

23. TALENT hereby manifests that they have read the terms and considerations of
this contract, and that they understand and agree to abide and be bound by the
same.

24. The TALENT accepts, acknowledges and understands that the use of the
materials by way of website/web ad for ______ campaign within the
tenure of this contract is not meant to be limited to Philippines airing,
which includes postings/publication in other countries that are reached by
the internet, and that the TALENT is paid for such postings/publications
abroad via the internet under the original fee indicated in the first paragraph
under this item (1)B.

25. OTHER CONDITIONS :

 Perpetuity, WITH LOCK OUT
 MATERIAL OUTPUT: All POPs/POS Materials

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and in the place
first above-written.

Name of Agency
By:

___________________________________________
NAME
Position

__________________________________________
NAME
Talent

By:

________________________________________
LEGAL GUARDIAN
(If Talent is a Minor)

Signed in the presence of:

_________________________________ ________________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

BEFORE ME, a Notary Public for and in the City of Makati, on this ____________ day
of ____________________, personally appeared the following with their respective Community
Tax Certificates, to wit:

Community
Name Tax Cert. No. Date/Place Issued

TALENT NAME ___________________ _________________

AGENCY NAME ___________________ _________________

CLIENT ___________________ _________________

CLIENT ___________________ _________________

known to me and to be the same persons who executed the forgoing Talent Contract and they
acknowledged to me that the same is their free and voluntary act and deed and those of the
entities represented.

WITNESS MY NOTARIAL SEAL on the date and place first above mentioned.

Doc. No. ______________

Page No. ______________
Book No. ______________
Series of 20___