The following is a sample adult-film contract, with all identifying information removed. It is presented here in its final form, after negotiation. However, like most contracts, it is still biased heavily in favor of the production company. If you take the time to read it carefully, you will notice the many ways in which a female performer can get shafted —both literally and metaphorically. When signing a contract, most girls don’t add in their own demands. But any good lawyer will tell them: contracts aren’t just for the benefit and protection of one party —they’re for two parties.
THIS DOCUMENT HEREBY SERVES AS AN AGREEMENT BY:
1. Term: The duration of this contract shall be twelve (12) months beginning on January 1, 2004 and expiring on midnight of December 31, 2004. There are four (4) options of one (1) year, which the Company may exercise with sixty (60) days prior notice in writing that it intends to pick up the option.
2. Production: The Talent will be required to act, play, perform, and take part in rehearsals, acts, roles, and scenes of a sexual hard-core nature over the duration of the contract mutually agreed to by both parties as needed to promote the career of the Talent. The scenes may be in the form of any of the following combination (at the discretion of the company): Girl/Girl, Girl/Girl/Girl, Boy/Girl, and Multiples. Involvement in any scenes involving Anal, Interracial, and DP [Double Penetration] is at the sole discretion of the Talent. The Company will feature the Talent in at least six (6) features each year and may increase this number based on marketing. The Company will use the Talent in other productions during the course of the year and will have the Talent on a minimum of six (6) box covers each year.
3. Exclusivity: The performance of the Talent in video and film of a hardcore nature for the duration of the agreement shall be exclusive to the Company unless otherwise agreed to in writing by the Company. The Company shall have the exclusive right to photograph and/or otherwise reproduce any and all of the Talent’s acts, poses, scenes, and appearances of any and all kinds and to reproduce and transmit the same in any media. The Talent grants to the Company solely, exclusively, and perpetually all rights of every kind and character whatsoever in and to all such photographs, reproductions, and recordings and all other results and proceeds of her services hereunder. All other outside work including but not limited to still photography, film and video work, dancing (feature or otherwise), “bachelor parties,” and any and all other services in the entertainment industry must be approved in writing in advance by the Company, not to be unreasonably withheld.
4. Advertising and Promotion: The Company will promote and advertise on an active basis the films and videos of the Talent, as well as promotions in any other area that will assist in making the public more aware of the Talent. The Talent will attend all such promotional events, including signings and parties, that are necessary to help promote herself and the sale of the videos, DVDs, and films produced by the Company. The Talent shall cooperate with the company in connection with any licensing arrangements (“Licensing Agreement”) entered into by the Company to license, manufacture, and/or distribute adult novelty products or any other product using Talent’s name, image, or likeness. The Company will assist in promoting the Talent through the Internet and the Talent may have her own website linking to the Company website. The Talent’s Website and all income earned from her website is her sole property.
5. Compensation: The Talent will receive monthly compensation of $3,000 paid on the first day of each month. If the Talent fails, for any reason, to perform at least four (4) scenes in a given month, compensation for that month shall be reduced for each scene in which she fails to perform, by the greater of a) $800; or b) the cost to replace the Talent for such scenes. The Talent will receive five (5) percent of the net profit on videos or DVDs in which she is featured on the box cover, after the Company recoups its cost. Costs are defined as any money spent on the production and postproduction of each video in addition to advertising, marketing, and overhead costs allocable to the Production. Notwithstanding the foregoing, residuals are split among all the Company talent appearing on a box cover for a production so, for example, if Talent and a second Company performer appear on a box cover for a Production, the Talent will receive 2.5 percent of the net profit for a production. Additional compensation based on Schedule “A” attached hereto and incorporated herein for reference.
6. Physical Appearance: The Talent agrees that she will, during the entire Term of this Agreement, take diligent care of her health, weight, and appearance. The Company may declare a Default under this Agreement at any time after the Talent fails to maintain her appearance, as determined by the Company in its sole discretion.
7. Law and Morality: The Talent agrees to comply at all times with all laws, rules, and regulations and shall refrain from drug or alcohol abuse and prostitution (including legal prostitution). The Talent agrees to conduct herself with the appropriate recognition of the fact that the success and best interests of the Company depend largely on the audience approval and interest in the Talent as a performer. The Talent therefore agrees to conduct herself at all times with due regard to social conventions and public morals and decency, as the same may apply to an adult entertainment performer. The Talent shall not commit any act or become involved in any situation or occurrence that would be detrimental to the best interests of the Company; or that would bring it into public disrepute, contempt, scandal or ridicule; or that shocks, insults, or offends the community; or that may reflect unfavorably upon the Company, whether or not such information becomes public. The Talent agrees that the Company may, at its sole discretion, suspend Residuals upon the Company’s finding that the Talent has engaged in acts or conduct detrimental to the Company.
8. The Company shall have the right to cancel this agreement at any time if any portion of this agreement and terms are not met.
In witness whereof, the parties hereto have duly agreed to this agreement:
SCHEDULE “A”
Additional Compensation:
Same Sex Anal Intercourse (excluding DP and Air Tight): $125.00 per scene
Opposite Sex Anal Intercourse (excluding DP and Air Tight): $250.00 per scene
Opposite Sex Double Penetration (excluding Air Tight): $400.00 per scene
Air Tight (three males with three simultaneous penetrations): $650.00 per scene
Multiple Partners: $250.00 per partner over three
