Loan-Out Agreement

Loan-Out Agreement

This Loan-Out Agreement ("Agreement") is entered into as of [effective date] by and among [producer / company], [loan-out company], and [artist / individual].

1. Engagement of Lender for Artist's Services. [producer / company] ("Company") hereby engages [loan-out company] ("Lender") to furnish the services of [artist / individual] ("Artist") as [role / position] in connection with the motion picture presently entitled [production name] ([description of the picture]). Artist shall render the following services: [services].
2. Term. Artist's engagement shall commence on or about [start date] and continue through [engagement period]. During principal photography Artist's services shall be exclusive during principal photography.
3. Compensation. Company shall pay Lender [fee], payable as follows: [payment schedule]. Payment to Lender shall constitute full discharge of Company's compensation obligations for Artist's services.
4. Loan-Out; Employment of Artist. Lender represents that it is a bona fide personal-service company that employs Artist and is solely responsible for Artist's compensation, taxes, withholdings, benefits, and contributions. Lender represents that it has the right to furnish Artist's services to Company and that all payments to Lender shall be treated as compensation paid to Artist through Lender.
5. Inducement. As a material inducement to Company to enter into this Agreement, Artist has executed the Inducement set forth below. Artist agrees to be bound by and to perform the applicable terms of this Agreement, and agrees that if the engagement of Lender is for any reason terminated, invalid, or unenforceable, Artist shall be deemed directly engaged by Company on the same terms set forth herein.
6. Credit. Provided all required services are rendered, Company shall accord credit substantially as: [credit], in the main title, separate card. Casual or inadvertent failure to comply shall not be a breach of this Agreement.
7. Work Made for Hire; Ownership. All results and proceeds of Artist's services hereunder shall be deemed a work made for hire for Company, and Company shall be the sole author and owner of all right, title, and interest therein, including all copyrights and all rights of every kind, throughout the universe, in perpetuity, in all media now known or hereafter devised. To the extent any such results and proceeds are not deemed a work made for hire, Lender and Artist hereby irrevocably assign them in their entirety to Company. Artist waives all so-called "moral rights" and rights of droit moral to the fullest extent permitted by applicable law.
8. Representations & Warranties. Lender and Artist each represent and warrant that they are free to enter into this Agreement and to render the services herein and are not subject to any conflicting obligation; that all services, materials, and contributions furnished by Artist shall be original to Artist or fully cleared for use; and that Lender and Artist shall comply with all applicable laws and with Company's reasonable safety, conduct, and on-set policies.
9. Additional Provisions. [additional provisions]
10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California, without regard to its conflict-of-laws principles.

INDUCEMENT

The undersigned Artist, [artist / individual], hereby acknowledges and agrees to the Inducement set forth in this Agreement and agrees to be personally bound by its applicable terms.

TEMPLATE ONLY — NOT LEGAL ADVICE. Consult a qualified entertainment attorney before executing this or any agreement.