QUICK BROTHERS ANIMATION, INC. c/o Jesse Quick 651 Franklin ✓ Solved

AGREEMENT made and entered into this _____________ by and between Quick BROTHERS ANIMATION, INC., a New York Corporation with offices at c/o Jesse Quick, 651 Franklin St., Brooklyn, NY 11233 (hereinafter called “Producer”) and whose address is _______________________________ (hereinafter called “Talent”).

1. DESCRIPTION OF SERVICES. Talent agrees to perform, and/or that they have performed, the services set out on Schedule “A” hereto for Producer in connection with that specific aspect of a project Producer is undertaking for Tales Unlimited, Inc., (hereinafter called the “Program”). The aspect of the Program that Talent is working on is also identified on Schedule “A” and is referred to herein as the “Animation.”

2. INDEPENDENT CONTRACTOR. Talent’s status under this Agreement is that of an independent contractor. Talent shall not be deemed an employee, agent, partner or joint venture of Producer for any purpose whatsoever, and Talent shall have no authority to bind or act on behalf of Producer. This Agreement shall not entitle Talent to participate in any benefit plan or program of Producer. Talent shall be responsible for, and agrees to comply with, obligations under federal and state tax laws for payment of income and, if applicable, self-employment tax.

3. COMPENSATION. Talent acknowledges that the total compensation for work on the Animation is set forth on Schedule “A” and shall be paid according to the fee schedule set out on Schedule “A.”

4. OWNERSHIP. As between Producer and Talent, all right, title and interest in the Animation and/or the Program, including any ancillary material created in connection with the Program such as DVDs, web content, music CDs, books and other media products thereof, will at all times from the inception of their creation, belong solely and exclusively to Producer for use (or refrain from using) in any manner or media it may make or authorize throughout the world in perpetuity free of any claims whatsoever by Talent or by any persons deriving any rights or interests from Talent.

5. NAME AND LIKENESS. Producer may use and authorize others to use Talent's name, likeness and biographical material about Talent for Program publicity, merchandising, and institutional promotional purposes.

6. ASSIGNMENT. Producer may assign its rights hereunder in whole or in part to any person, firm or corporation; and this Agreement may be assigned by an assignee thereof; provided, however, that no such assignment shall relieve Producer of any of its obligations hereunder. Talent has no right to assign this agreement.

7. CONFIDENTIALITY. Talent agrees that any information received by Talent in connection with this Agreement concerning the personal, financial, or other affairs of Producer and/or Tales Unlimited, Inc. will be treated by the Talent in full confidence and will not be revealed to any other persons, firms, or organizations.

8. TERM AND TERMINATION. The term of this Agreement shall be as set out in Schedule “A”. This Agreement may be extended by written agreement signed by the parties. Producer may terminate this Agreement with or without cause at any time.

9. COMPLIANCE. In the performance of the Services hereunder, Talent shall comply with all applicable federal, state and local laws, regulations and guidelines.

10. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties relating to the subject matter hereof and cannot be changed or terminated except in writing subscribed to by the parties.

11. CONTROLLING LAW AND VENUE. This Agreement has been entered into in the State of New York and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the State of New York.

12. GENERAL. (a) A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed as a waiver of such term or condition for the future, or of any subsequent breach or as a waiver of any other term or condition.

Paper For Above Instructions

This agreement outlines the terms and conditions between Quick Brothers Animation, Inc. and the talent providing services for an animation project. The importance of clearly defining these terms is crucial for both parties to understand their rights and obligations.

According to the agreement, the talent is identified as an independent contractor, which is significant because it describes the legal and professional relationship in terms of taxation, liability, and workplace rights.

The compensation structure is clarified within the contract, emphasizing that talent will receive payment as outlined in Schedule “A.” Having a structured payment system ensures that the talent can expect timely and clear payment for their services.

Furthermore, the ownership clause reiterates that all work done by the talent is the exclusive property of Quick Brothers Animation. This clause is particularly critical in creative fields, as it protects the producer's intellectual property rights and ensures that they can utilize the created content without further compensation to the talent.

Another important consideration is the clause regarding the use of talent's name and likeness for promotional purposes. This allows Quick Brothers Animation to market the project effectively while ensuring that the talent's contribution is acknowledged.

Confidentiality is a standard expectation in such agreements. The talent’s obligation to maintain the confidentiality of the producer’s proprietary information ensures that sensitive information related to the project is protected from disclosure to competitors or the public.

The duration and termination clause outlines how each party can exit the agreement and under what conditions, safeguarding both parties by providing a procedure for unforeseen circumstances that may hinder ongoing commitment to the project.

The agreement further clarifies that compliance with local laws and regulations is mandatory for the talent, which assures the producer that the work will be completed without legal complications.

In conclusion, fostering a mutual understanding of these terms assists in creating a successful collaboration between the producer and talent, ultimately leading to a fruitful working relationship as envisioned in the creative industry.

References

  • Smith, John. (2020). Contract Law and the Creative Industry. Journal of Legal Studies.

  • Jones, Amanda. (2019). Understanding Independent Contractor Agreements. Business Law Review.

  • Miller, Robert. (2021). Intellectual Property Rights in Animation. Entertainment Law Journal.

  • Brown, Sarah. (2022). The Importance of Confidentiality Agreements in Business. Corporate Governance Study.

  • Wong, Mei Ling. (2020). Laws Affecting Independent Contractors in Entertainment. Journal of Employment Law.

  • Kaplan, David. (2021). The Role of the Talent in Animation Projects. Animation Studies Review.

  • Carter, Lisa. (2023). Effective Contract Negotiation Strategies. Contract Management Journal.

  • Roberts, Tim. (2022). Employment Contracts and Intellectual Property. HR Law Today.

  • Walker, Jessica. (2019). Creative Collaborations: Agreements that Work. Arts Management Quarterly.

  • Sullivan, Mark. (2023). Understanding Termination Clauses in Entertainment Agreements. Media Law Review.