Film year book (1931)

inabove specified as the commencement of the term hereof ; it being agreed that the exact date for the commencement of the terra hereof is to be specified by the producer and is to be not earlier than fortyeight (48) hours before the date hereinabove specified, nor later than forty-eight (48) hours af;er the date hereinabove specified (exclusive of Sundays and holidays). The term "role" as used in this agreement shall be deemed to refer to said role as now written and/or as it may from time to time hereafter be rewritten and/or lengthened and/or shortened by the producer in the exercise of its sole direction and judgment. 3. The artist agrees to be prompt in appearing for work as required by the producer, to perform services hereunder in a conscientious and painstaking manner and in accordance with the reasonable instructions of the producer, and to abide by the reasonable studio rules and regulations of the producer. The producer shall have the exclusive right to the services of the artist during the term hereof, and the artist agrees that during the term hereof the artist will not render any services of any kind to or for any person, firm, or corporation other than the producer without first obtaining the express written consent of the producer. 4. The term "photoplay" as used in this agreement shall be deemed to include motion pictures produced and/or exhibited with sound and voice recording, reproducing and/or transmitting devices, radio devices, and all other improvements and devices which are now or may hereafter be used in connection with the production and/or exhibition and/or transmission of any present or future kind of motion picture production. The producer shall have the right to photograph and/or otherwise produce, reproduce, transmit, exhibit, distribute, and exploit in connection with the said photoplay any and all of the artist's acts, poses, plays and appearances of any and all kinds hereunder, and shall further have the right to record, reproduce, transmit, exhibit, distribute, and exploit in connection with said photoplay the artist's voice, an4 all instrumental, musical, and other sound effects produced by the artist in connection with such acts, poses, plays and appearances. The producer shall likewise have the right to use and give publicity to the artist's name and likeness, photographic or otherwise, and to recordations and reproductions of the artist's voice and all instrumental, musical, and other sound effects produced by the artist hereunder, in connection with the advertising and exploitation of said photoplay. The rights in this paragraph granted to the producer shall inure to the benefit not only of the producer, but also to the benefit of all persons who may hereafttr acquire from the producer any right to distribute, transmit, exhibit, advertise, or exploit said photoplay. 5. The producer agrees that it will not "dud" Or use a "double" in lieu of the artist, except under the following circumstances: (a) when necessary to expeditiously meet the requirements of foreign exhibition; (b) when necessary to expeditiously meet censorship requirements, both foreign and domestic ; (c) when, in the opinion of the producer, the failure to use a "double" for the performance of hazardous acts might result in physical injury to the artist; (d) when the artist is not available; and (e) when the artist fails or is unable to meet certain requirements of the role, such as singing or the rendition of instrumental music or other similar services requiring special talent or ahility Dther than that possessed by the artist. The artist does hereby agree that under either or any of the conditions hereinabove in subdivisions (a) to (e), both inclusive, of this paragraph 5 set forth, the producer shall have the right to "double" and/or "dub" not only the acts, poses, plays and appearances of the artist, but also the voice of the artist, and all instrumental, musical, and other sound effects to be produced by the artist, to such extent as may be required by the producer. 6. Where the services of the artist are required to be performed outside of the City of Los Angeles or its environs, the producer shall transport the artist and the reasonable personal baggage of the artist, and pay all necessary traveling expenses of the artist, including reasonable charges for board and lodging. 7. If the production of said photoplay be necessarily prevented, suspended, or postponed during the course of production, by reason of fire, accident, strike, riot, act of Ciod, or of the public enemy, or by any executive or judicial order, no salary need be paid the artist for the first week's prevention, suspension, or postponement. If the production of said photoplay be prevented, suspended, or postponed by reason of the illness of any other member of the cast or of the director, full salary shall be paid the artist for the first week's prevention, suspension, or postponement. It shall be the duty of the producer during the first week of any prevention, suspension, or postponement to notify the artist in writing whether the producer will entirely discontinue the production or further suspend or postpone it, and in the latter event the producer shall pay the artist half salary during such further suspended or postponed period. At the end of five (5) weeks from the date on which the producer has stopped production the artist may terminate this employment if the artist so elects, unless the producer continues thereafter to pay the artist full weekly compensation. If the production of said photoplay is prevented, suspended, or postponed for any reason hereinabove in this paragraph provided, then and in that event the producer may terminate this employment at any time after the commencement of such prevention, suspension, or postponement. If the producer elect to terminate this employment by reason of the illness of any other member of the cast or of the director, then the producer shall be ohlisated to pay the artist such balance, if any, as is then unpaid for services theretofore rendered by the artist, and also one week's compensation, upon the payment of which the producer shall be discharged of and from all liability whatsoever hereunder. If such termination be based on the happening of any other cause hereinabove in this paragraph set forth, then the producer shall be obligated to pay the artist only such balance, if any, as is then unpaid for services theretofore rendered by the artist, and upon the payment of such unpaid balance, if any, the producer shall be discharged of and from all liability whatsoever hereunder. The producer need pay no salary during any period that the artist is incapacitated, by illness or otherwise, from performing the required se: v ices hereunder, and in the event of such illness or incapacity the producer, at its option, may terminate this employment without further liability. 8. The artist agrees to furnish all modem wardrobe and wearing apparel reasonably necessary for the portrayal of said role ; it being agreed, however, that should so-called "character" or "period" costumes be required the producer shall supply the same. Any loss of or damage to costumes, wardrobe, and other property furnished by the artist necessarily arising through the performance of the artist's services, or through lack of due care on the part of the producer, shall be paid for by the producer to the artist. All costumes, wardrobe, and other prciperty furnished by the producer shall belong to the producer and be returned promptly to it, and any loss of or damage thereto arising through lack of due care on the part of the artist, or not necessarily arising through the performance of the artist's services, shall be paid for by the artist to the producer. Any loss of or damage to wardrobe, for which either party hereto may be liable, shall be computed on the basis of depreciation schedules to be furnished from time to time by the American Appraisal Company. 9. The producer may terminate the artist's employment at any time, either prior to the commencement of production of said photoplay or during the course of production ; provided, however, that if the producer elect to terminate the artist's employment hereunder more than thirty (30) days prior to the starting date hereinabove in paragraph 2 specified, then and in that event the producer shall be free from all liabil.ty of every kind whatsoever; but provided further that if the producer elect to terminate the artist's employment hereunder at any time within thirty (30) days prior to said starting date, or at any time thereafter, or during the course of production of said photoplay, the producer shall 563