Payout Contract
Keith R. Hamlin, Photographer / Model/Actor Contract
This Payout Contract (the "Agreement") entered into this ______ day of _________, 20_____ between Keith R. Hamlin, Photographer (the Agent), located in Ft Myers Beach, FL, and _____________________________, an individual and independent contractor, (the "Model/Actor").
1. Scope of Agreement. This Agreement shall govern ALL PAYOUTS procured through the Agent or with the aid of the Agent by the Model/Actor relating to Print, Convention, Runway, Industrial Work, Non-Union and Union Television Appearances, Movie Appearances, or any other related services assosciated with the terms of the Agreement. This is IN LEIU of Agent Fees, as Agent has also been a contractor for the work entailed in this Agreement. Agent is not eligible for Agent's Fees in addition to this payout.
2. Duration. This Agreement shall be in full force and effect for a period of two (2) full calendar years from execution.
3. Compensation. The following Schedule shall determine the division of PAYOUTS for the events covered by this Agreement.
PAYOUTS are defined as the monies paid by the purchaser of images and product created by the Agent and Model/Actor. In the event that Agent is the Producer of product, (Calenders, Cards) PAYOUTS are defined as net profits from such productions.
PAYOUTS will be divided in the event of One Model/Actor involved as 50% (fifty percent) to the Model/Actor, 50% (fifty percent) to the Agent.
PAYOUTS will be divided in the event of Two Models/Actors involved as 33% (thirty-three percent) to each of the Models/Actors, 34% (thirty-four percent) to the Agent.
PAYOUTS in the event of Multiple Models (Greater than 2) shall be as determined by the participants, as stated here: ________Models/Actors _________%, Agent _________%.
4. Independent Contractor. The Services performed by the Model/Actor under this Agreement are in its capacity as an independent contractor. This Agreement does not constitute and shall not be construed as establishing an employee-employer relationship, or constitute a partnership or joint venture, between the Model/Actor and Agent.
5. Indemnifications. Each Party hereby indemnifies the other and shall hold harmless from any loss, liability, damage, cost or expense (including reasonable counsel fees) arising out of any claims or suits which made be brought or made against the other.
6. Construction/Severability. If any provision of this Agreement is held to be invalid, unconstitutional, or otherwise legally infirm, such provisions shall not affect the remaining portions of the Agreement. This Agreement is constructed with the laws of the State of Florida.
7. Attorney's Fees. In the Event that any action is brought for any breach or default of any of the terms of this Agreement, or otherwise in connection with this Agreement, the prevailing party shall be entitled to recover from the other party all fees, costs, and reasonable damages.
This Agreement entered into without duress or undue influence,
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(Model/Actor) (Agent)
(AKA)_____________________________________
Address
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Witness
Project Covered:_________________________________________________