Service Agreement Sample
Service Agreement Sample
Service Agreement Sample
-and-
WITNESSETH: That –
NOW THEREFORE, for and in consideration of the foregoing premises, the parties
agree and bind themselves to the following terms and conditions:
5. Taxes. CAST/CREW/CONTRACTOR shall, for his own account, report and pay
for all taxes, dues, fees and other impositions that shall become due by reason of, or arising from,
his performance of his obligations under this Agreement.
6. Term. CAST/CREW/CONTRACTOR agrees to perform his obligations under
this Agreement on a date prior to the beginning of shooting, or such other date that
PRODUCER/CLIENT shall specify in advance, and shall continue until
CAST/CREW/CONTRACTOR’s completion of all of his services under this Agreement, to
PRODUCER/CLIENT’s full satisfaction.
7.3 PRODUCER/CLIENT shall have the sole and exclusive right, but only
in connection with the Film/Project or in connection with the services rendered by
CAST/CREW/CONTRACTOR with regard to the Film/Project , to use and display
CAST/CREW/CONTRACTOR’s name and likeness in advertising, publicizing and
exploiting the Film/Project , including, without limitation, souvenir programs,
commercial tie-ups, paperback editions of the literary property directly related to, and
upon which the Film/Project is based, or any sound recordings.
7.7 To the extent that any pre-existing materials are contained in the
products of CAST/CREW/CONTRACTOR’s services under this Agreement,
CAST/CREW/CONTRACTOR hereby grants to PRODUCER/CLIENT an irrevocable,
non-exclusive, worldwide, royalty-free license to: (i) use, execute, reproduce, display,
perform, distribute (internally or externally) copies of, and prepare derivative works
based upon such pre-existing materials and (ii) authorize others to do any, some or all of
the foregoing.
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7.8 No license or right is granted to CAST/CREW/CONTRACTOR either
expressly or by implication, estoppel or otherwise, to publish, reproduce, prepare
derivative works based upon, distribute copies of, publicly display, or perform, any of the
products of CAST/CREW/CONTRACTOR’s services under this Agreement, except
CAST/CREW/CONTRACTOR’s pre-existing materials, either during the term or after
termination of this Agreement.
10.1 S/he is under no obligation or restriction, nor will S/he assume any such
obligation or restriction, which would in any way interfere or be inconsistent with, or
present a conflict of interest concerning the services to be furnished by him/her under this
Agreement;
10.4 S/he will comply with all applicable laws, ordinances, rules, and
regulations in the performance of his obligations under this Agreement.
12. Penalty on Default. In the event that this Agreement is terminated due to
CAST/CREW/CONTRACTOR’s fault or negligence or in the event of his default,
CAST/CREW/CONTRACTOR agrees to pay PRODUCER/CLIENT liquidated damages in the
amount of at least two hundred percent (200%) of the total CAST/CREW/CONTRACTOR’s Fee
in paragraph 3 of this Agreement.
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PRODUCER/CLIENT may have, nor shall it be construed as a waiver of any subsequent breach
or default of the terms or conditions hereof. No waiver by PRODUCER/CLIENT of any of his
rights or remedies shall be valid unless made in writing and duly notarized.
15. Governing Law. This Agreement shall be construed and governed by the laws of
the Republic of the Philippines.
16. Confidentiality. None of the parties shall make any disclosure of the existence of
the terms of this Agreement without the consent of all the other party hereto, unless required by
law, any government or regulatory body or stock exchange.
17. Severability. If any specific paragraph, provision or part of this Agreement is for
any reason found and declared to be void or unenforceable by a competent court of law, all other
parts thereof which remain unaffected shall nevertheless remain valid, binding and enforceable.
IN WITNESS WHEREOF, the parties hereunto executed this Service Agreement this
______________ at _________________________.
__________________ ______________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in ___________, this ____ day of
_____________ 20__ , personally appeared:
known to me and to me known to be the same persons who executed the foregoing Service
Agreement which consists of five (5) pages including the page where this acknowledgment is
written, and they acknowledged to me that the same is their free and voluntary act and deed,
and/or of the entities they represent.
Witness my hand and seal on the date and in the place first above-written.
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Notary Public