Agreement, made and entered into this......day of___
..........., by and between........, a corporation duly organized and existing under and by virtue of the laws of the
State of..........., hereinafter called the "Employer," and
..........of the........County of.........and State of
For and in consideration of the sum of One Dollar, and other good and valuable considerations, each to the other paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and in further consideration of the covenants, conditions and agreements hereinafter contained and set forth, the parties hereto have agreed, and do hereby covenant and agree, as follows:
1. The Employer shall, and hereby does employ the Employee as a Director in and about its business of producing plays and scenes, and thereof taking, making and producing moving picture films, for and during the term herein provided, upon the express condition that all duties, obligations and agreements on the part of the Employee assumed and entered into, shall be fully performed and kept. Upon such performance, the Employer shall pay to the Employee each week a salary or compensation of...............................
2. The Employee agrees that he will, during the term aforesaid direct, exclusively for and in the moving picture productions of the Employer, and that he will not during said term direct, nor act or appear or participate in any moving picture production or productions whatsoever, or render any services of any kind or character in any way connected with theatrical or moving picture productions, art or business for any other person, persons, firms or corporations; or make any public or private appearances in any way connected with theatrical or moving picture representations, productions or shows, without the written consent of the Employer.
(b) The Employee agrees that he will not, during the period commencing with the date of this agreement and expiring three months after the completion of the last motion picture directed by the Employee, pursuant to this agreement, cause or permit the use of his name or the advertising or publicity thereof in connection with any motion pictures other than those directed by the Employee pursuant to this agreement, excepting, however, motion pictures completed before the date of this agreement.
3. The Employee further agrees that he will direct, as directed by the Employer, in and for the production of plays and scenes to be produced upon any brand or brands of moving picture film now manufactured or which hereafter may be manufactured by the Employer or otherwise, and such services being matters of art and taste and subject to changing conditions, agrees to perform and render the same to the full satisfaction of the Employer at all times, and that he will perform such services wherever required or desired, as the Employer may direct, or find necessary or convenient in or to the staging of plays or scenes for such moving picture productions. In the event that the Employee shall be required to direct in any place other than the City of........or its environs, the
Employer shall pay the traveling expenses of the Employee excepting hotel bills.
4. And the Employee does hereby expressly authorize the photographing by the Employer of any and all his plays, of any and all kind or kinds, and the production and reproduction thereof by photography, printing and all other methods; and of, in and to the same and all or any parts thereof, the Employer shall have the sole control, right, title and property, and right of copyright therein and thereto, as fully and completely, and to all intents and purposes, as the Employee might, could or would have enjoyed the same had not this agreement been made and entered into, and during said term and thereafter in respect of any and all matters and things, rights and interests of every kind then or therein performed, accruing, arising, or taking place, the Employee shall and will neither authorize nor attempt to give any authorization or transfer of or respecting any right, privilege, title or interest in or to any of the same or any matter or thing whatsoever.
5. In the event that by reason of sickness, the Employee shall become incapacitated from performing the terms of this agreement, thereupon the same shall be suspended both as to services and compensation, but the Employer, at its option, in such case, shall have the right because of such inability to terminate this agreement.
6. The Employee further agrees that if, for any reason, the obligations, undertakings, covenants and conditions herein set forth and on his part to be performed, or any of the same, shall not be kept, carried out and performed in a manner satisfactory to the Employer, then and in that event, the Employer, at its option, may declare this contract terminated, and all rights of the Employee thereunder shall thereupon cease and determine, saving his right to compensation for any and all time during which services shall have been actually performed as aforesaid; his right, however, shall be in addition, and not to the exclusion of the right of the Employer to enjoin the Employee from performing services for any other person or persons, firms or corporations, during the term in this agreement set forth and limited, and shall not preclude the Employer from resorting to any other remedy, legal or equitable.
7. The services of the Employee being unique and peculiar in their nature, the Employee hereby expressly agrees that the Employer shall be entitled to injunctive or other proper equitable relief to prevent a breach of this agreement by him. This provision, however, shall not be construed as a waiver of any other rights that the Employer may have in the premises by an action for damages or otherwise, but shall be in addition thereto.
8. This contract and all the provisions herein contained for the enforcement thereof shall be construed and enforced according to the laws of the State of...........
9. This agreement shall commence on the........day of
........, and shall remain in force and effect for the term of
.....from said day, and shall inure to the benefit of and be binding upon the successors and assigns of the party of the first part.