As an Independent Filmmaker, (a.k.a. the Producer of a/your Project), you may be auditioning independent Actor/Models for your Project to perform scenes with nudity.
A Producer must obtain an Actor/Model’s prior written consent if a nude or sex scene is required. This consent must be secured before services commence. Otherwise, the Actor/Model can refuse to perform the scene. The Actor/Models must be notified before a first interview or audition if any nudity or sex acts are required as part of a role. Actor/Models have the right to be accompanied to the audition by a person of their choosing. Total nudity cannot be required at interviews or auditions.
Sets have numerous individuals present for production purposes. This may create anxiety for the Actor/Model who is not familiar with the cast and crew. During any nude scenes, the set must be closed to persons who have no business purpose to be present. The Producer cannot authorize any still photography of nudity or sex acts without the prior written consent of the Actor/Model.
Boiler–plate clauses, amongst others in the Agreement, include: waiver of Actor/Model’s right to inspect or approve the final cut, confidentiality, dismissal for drug/alcohol/illegal photographs/nuisance etc., engagement dates, termination notice.
Signing this contract the independent Actor/Model is assigning any and all Rights to their performance over to the Producer. As an Independent the Actor/Model is not an employee, nor partner, nor agent of the Producer and/or of the Production Company.
This Agreement between the independent Actor/Model and the Producer is drafted in plain English that is easy to read and comprehend. This is a two page, eight 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.
Nudity Rider for Actor/Model
Actor/Model Name (Print): _______________________________________
Producer Name: ______________________________________________
Production Company: _________________________________________
Project Name: _______________________________________________
Project Genre: ______________________________________________
Herein this Agreement the Independent Filmmaker is called the “Producer”.
1. It is understood between the parties that, with respect to the services to be rendered by Actor/Model, for the consideration set forth in the Agreement, such services shall require Actor/Model to appear nude and/or semi-nude, and/or perform designated sexual act(s), as the case may be, in the above named Project. The general description of the extent of such nudity, and the type of physical contact required in such designated sex acts, is attached as Exhibit "A".
2. The Actor/Model agrees and consents to render the services set forth in Exhibit “A” and hereby affirms that Actor/Model agrees to appear nude and/or semi-nude and to perform such designated sex act(s).
3. Pursuant to terms and conditions of the Agreement, the Producer owns all results and proceeds of Actor/Model’s services rendered pursuant to the Agreement and has the exclusive right to use, license and exploit the Project and the Actor/Model’s performance therein, throughout the world in perpetuity in any and all media whether now known or hereafter devised.
4. The Actor/Model hereby releases, discharges and agrees to hold harmless, the Producer, the Photographer, or Sound Recordist, their representatives, assigns, employees or any person or persons, corporation or corporations, acting under the Producer’s permission or authority, or any person, persons, corporation or corporations, for whom the Producer might be acting, including any firm publishing, presenting and/or distributing the Materials, in whole or in part, from and against any liability as a result . . . (continued)