Sample Lighting Designer S Contract-Final Draft
Sample Lighting Designer S Contract-Final Draft
Sample Lighting Designer S Contract-Final Draft
(2)
WHEREAS:
The Producer wishes to engage the Lighting Designer to render his/her
services to design the lighting for the Producers production (the
Production) of the dramatic work entitled * (the Play) by * (the
Author) to be performed at [venue] from [date] to [date], on the terms
and subject to the conditions set out in this Agreement.
NOW IT IS HEREBY AGREED as follows:
1.
ENGAGEMENT
The Producer hereby engages the Lighting Designer and The Lighting
Designers engagement hereunder shall commence upon the start of preproduction and shall continue until the end of the week including the
official opening night according to the following schedule:
Pre-production from: [date]
Rehearsals from: [date]
Production week from: [date]
Previews from: [date]
Opening Night: [date]
Final Performance: [date]
1
The Producer will have the exclusive services of the Lighting Designer
during the Production week, Previews and Opening Night as outlined
above. Furthermore the Lighting Designer will be available to attend at
scheduled production meetings and rehearsals as necessary during the
Pre-production and Rehearsal periods.
2.
GUARANTEED COMPENSATION
The Lighting Designer undertakes that he/she will perform his/her services
as the Lighting Designer for a production of the play (the Production).
The Lighting Designer will render his/her services willingly and to the best
of the Lighting Designer's skill and ability and with due regard to the
efficient production of the Play and will render all such other services as
are usually rendered by theatre Designers of first class repute.
The Lighting Designer hereby warrants that the design and any products
of his/her services in connection with the design shall be original and shall
not infringe on the copyright or any other right of any third party.
4.
DELIVERY
The Lighting Designer will provide detailed accurate lighting plans and all
other materials covering all aspects of the lighting design to a standard
metric scale by [Date]. [See note 3 below]
5.
ABANDONMENT
CREDIT
The Lighting Designer will supply the Producer with biographical material
in accordance with the Producers standard format and a photograph by
[date]. The Lighting Designer hereby consents to the use by the Producer
of his/her name, likeness and biographical material in connection with the
promotion and publicity campaign for the Play.
The Producer will negotiate appropriate billing with The Lighting Designer
according to standard company practice.
7.
The Lighting Designer agrees to use his/her best efforts to assist the
Producer in all publicity activities including press interviews and
photocalls. Interviews and photocalls will be scheduled in consultation
with the Lighting Designer, whose agreement will not be unreasonably
withheld. The Lighting Designer hereby grants the company the right to
record the Production for archival purposes. Furthermore the Lighting
Designer acknowledges the Producers right to photograph the Production
for publicity purposes and for general company publicity and to arrange
television, radio or webcast performances of excerpts of the Play for
publicity purposes, provided the excerpts are limited to not more than
fifteen minutes.
8.
PRODUCTION BUDGET
The Lighting Designer will work with the Producer, Director and Production
Manager to deliver the Production within a design budget to be
determined by the Producer and agreed in advance between the Producer
and the Lighting Designer [See note 5 below]. It is hereby agreed that the
Lighting Designer can reclaim vouched expenses associated with model
making and other costs as agreed in advance with the Producer. [See note
6 below]
9.
COMPLIMENTARY TICKETS
COPYRIGHT
The Producer shall have the sole and exclusive right to extend, revive, tour
or transfer the production as it may determine.
If the run of the production is extended or revived to tour or transfer
beyond the schedule outlined in Clause 1 of this contract the Producer will
negotiate a re-license of the Lighting Designers copyright in good faith
and according to standard industry practice. [See note 10 below]
If the Producer revives, extends, tours or transfers the production using
the Lighting Designers original design and if the Producer determines that
additional work is required, the Lighting Designer shall be afforded the first
option to perform such additional work. The Producer and the Lighting
Designer shall negotiate in good faith compensation therefor. To the extent
that the Lighting Designer is unable or unwilling to perform the additional
work, the Producer, after consultation with the Lighting Designer, may
employ, at its own cost, another person to perform the additional work.
13.
ASSIGNMENT
The Producer may assign the rights and options outlined in this contract to
another company or Producer provided that the Producer's obligations to
the Lighting Designer herein shall be retained and the Producer informs
the Lighting Designer in writing within 14 days of any such agreement.
14.
CONSENTS
In the event that the Producer shall make any recording of the Production
for commercial exploitation by any means, whether now known or
hereafter to be devised including all forms of audio visual products for
retail sale or hire based on the Production, the Lighting Designer hereby
agrees and undertakes to enter into negotiations for a contract with the
Producer or such other party as may be nominated by the Producer, in
respect of commercial exploitation of videogram rights, and to conclude
and agree such negotiations on reasonable terms and in accordance with
current industry practice.
15.
JURISDICTION
ENTIRE AGREEMENT
SIGNED BY
WITNESSED BY
Lighting Designer
Date:
Date:
Producer
Date:
Date:
NOTES:
1. Not all designers are VAT registered. Those who are VAT registered are
legally obliged to charge VAT at 21%. It is the case that some companies
negotiate a fee which is inclusive of VAT and all other taxes. As the
Lighting Designer will then be responsible for discharging any VAT liability
it would be expected that this would be reflected in the level of fee paid.
2. Subsistence payments (either daily or weekly) are sometimes
negotiated where a Lighting Designer is not resident in the town or city
where the rehearsals and production are taking place. A Lighting Designer
might also expect travel expenses, including flights, to be covered by the
company as well as agreed out of pocket expenses and this should be
indicated in the contract where appropriate. Where the Lighting Designer
is expected to travel to attend at production meetings in advance of
rehearsals or to see the show after opening night, it should also be
indicated whether these costs are to be borne by the Producer or the
Lighting Designer. Delete this clause in its entirety if not applicable.
3. Normally the delivery of a Lighting Designers services is negotiated in
advance and included in the contract. Delivery schedules obviously vary
but industry practice indicates that lighting and sound plans are usually
provided later in the production process and in response to the set model,
costume drawings and the staging of the show in the rehearsal room.
4. An alternative arrangement in the event of Abandonment is a sliding
scale whereby the amount of the fee paid will depend on the number of
weeks remaining before rehearsals were due to begin (e.g. more than ten
weeks 25%, between five and ten weeks 33%, less than five weeks
50%).
5. If known in advance the production budget can be included in the
contract from the outset.
6. These costs are sometimes considered to be included in the agreed
design budget, which would then be indicated in the contract.
7. All companies are legally obliged to prepare a Health and Safety
Statement which amongst other things usually indicates the companys
position on risk assessment, fire proofing etc. The Health and Safety
Statement is often included as an appendix to a Lighting Designers
contract.
8. It is regarded as standard industry practice that Designers retain all
rights to their work on a production. Under certain circumstances (most
usually pertaining to commercial productions) some companies negotiate
a complete buy out of the Designers work. As the Designer will then
receive no further gain from revivals or extensions, this is usually reflected
in the level of fee paid. An example of such an alternative clause is as
follows:
The Lighting Designer grants to the Producer all copyright in, and any
lending or rental rights resulting from, the products of the Lighting
Designers services under this agreement throughout the world in all
media, whether now known or hereafter to be devised, for the full period
of copyright including extensions, renewals and revivals thereof, and to
the extent possible in perpetuity and throughout the universe.
6
ENDS
Theatre Forum February 2006