As an Independent Filmmaker, (a.k.a. the Producer of a/your Project), you will be auditioning Independent Extras for your Project. As an Independent the Extra is not an employee, nor partner, nor agent of the Producer and/or of the Production Company.
An independent Extra is a background performer, (a.k.a. “BG”), who does not speak any dialogue (other than general background chatter). Extras may include any special ability extras such as those who perform work which requires special skills such as playing tennis, dancing, or riding animals, or principle actor stand-ins, who are used as substitutes for another actor while the camera crew blocks shots and sets lights, and photographic doubles of the principle actors.
Signing this contract the independent Extra is assigning any and all Rights to their performance over to the Producer.
This Agreement between the independent Extra and the Producer is drafted in plain English that is easy to read and comprehend. This is a three page, twelve clause legal document. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
Boiler–plate clauses, amongst others in the Agreement, includes: confidentiality clause, waiver of Extra’s Rights to future compensation, dismissal for drug/alcohol/illegal photographs/nuisance etc. Your Lawyer will draft any and all other clauses for your Project’s unique situations and circumstances.
There are two forms of this Agreement. The first agreement is drafted for the Extra’s free/gratis grant of her/his/ Acting skills in the Producer’s Project. The Project may be a film, music video, stage play, documentary, animation/cartoon voice-over etc.
The second form of the Agreement is the Independent Extra for Pay.
This Agreement is one of the contracts in the Director’s Deal.
Extra Release (Independent Extra)
Extra Name: ____________________________________________
Producer(s) Name: _______________________________________________
Producer Company: ______________________________________________
Project Name: __________________________________________________
Project Genre: _________________________________________________
(film, music video, stage production, game show, etc)
Herein this Agreement the independent Filmmaker is called the “Producer”.
1. The Extra hereby confirm that she/he is over the age of eighteen and the Extra agrees to be photographed in connection with the above named Project.
2. The Extra hereby grants to the Producer, the Producer’s successors, assigns and licensees, the right to use at the Producer’s desire, all video, still and motion pictures which are made of the Extra in connection with the above mentioned Project.
3. The Extra is giving her/his Acting skills and services gratis to the Project. The Extra further understands that by granting this permission the Extra is irrevocably giving up all rights and claims to monetary compensation for any future uses of this material by the above persons & organizations.
4. This Agreement shall not at any time render the Extra an employee, nor partner, nor agent of the Producer for any purpose whatsoever. The Extra is and will remain an “Independent Extra” in her/his relations to the Producer. The Producer shall not be responsible for withholding any Government remittances with respect to the Extra’s compensation hereunder. The Extra shall have no claim against the Producer hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
5. The Extra agrees to hold The Producer, Cast and Crew and any and all Third Parties harmless against any liability, loss or damage (including reasonable attorney’s fees) caused by or arising from . . . (continued)