SAMPLE LIGHTING DESIGNERS CONTRACT It is imp import ortant ant to st stres ress s tha thatt thi this s sam sample ple Des Design igner’ er’s s agr agreeme eement nt is not designed for any specic set of circumstances and hence if it is being used by a Theatre Forum member it may have to be adapted in an appropriate manner, based on professional legal advice if necessary necessary.. What follows is a list of the terms and conditions that represent current industry norms. These terms and conditions may need to be amended, however, depending on the particular artistic and nancial circumstances of the production production and the company’ company’s s sie and level of funding. funding. Theat Theatre re Forum has indicated alternative clauses or provisions that also represent current practice in particular circumstances. These are listed as notes at the end of the con contra tract ct and are indicate indicated d in re red d whe where re appropr appropriat iate. e. ! number of possible additional clauses is also included at the end of the contract. is made on the "#$ day of "#$ %&&"#$ THIS AGREEMENT AGREEMENT is BETWEEN (1)
[PRODUCER] of [PRODUCER] of "address$ '(the )roducer* which e+pression shall include its successors in title and assigns- and
(2)
"address ess$$ '(the '(the ighti ighting ng [NAME [NAME OF LIGHTIN LIGHTING G DESIGNE DESIGNER] R] of "addr Designer*.
WHEREAS: The )roducer wishes to engage the ighting Designer to render his/her serv servic ices es to desi design gn the the ligh lighti ting ng for the the )rod )roduc ucer’ er’s s prod produc ucti tion on '(th '(the e )roduction* of the dramatic wor0 entitled (#* '(the )lay* by (#* '(the !uthor* to be performed at "venue$ from "date$ to "date$, on the terms and sub1ect to the conditions set out in this !greement. as follows2 NOW IT IS HEREBY AGREED AGREED as 1.
ENGAGEMENT
The )roducer hereby engages the ighting Designer and The ighting Designer’s engagement hereunder shall commence upon the start of pre3 produ producti ction on and shall shall contin continue ue until until the end of the wee0 includ including ing the o4cial (opening (opening night* according to the following schedule2 )re3production )re3production from2 "date$ 5ehearsals 5ehearsals from2 "date$ )roduction wee0 from2 "date$ )reviews from2 "date$ 6pening 7ight2 "date$ Final )erformance2 "date$ 1
The )roducer will have the e+clusive services of the ighting Designer during the )roduction wee0, )reviews and 6pening 7ight as outlined above. Furthermore the ighting Designer will be available to attend at scheduled production meetings and rehearsals as necessary during the )re3production and 5ehearsal periods. 2.
GUARANTEED COMPENSATION
8ub1ect to the ighting Designer providing his/her services as re9uired by this !greement and to the performance by the ighting Designer of all his/her other obligations under this !greement, the )roducer shall pay to the ighting Designer a fee of "#$ sub1ect to :!T if appropriate "8ee 7ote ; below$ according to the following schedule2 6ne third on signing this contract, one third on the rst day of rehearsals and one third on the day of the o4cial opening night. "8ee note % below regarding additional payments where applicable$ 3.
LIGHTING DESIGNER’S SERVICES
The ighting Designer underta0es that he/she will perform his/her services as the ighting Designer for a production of the play '(the )roduction*. The ighting Designer will render his/her services willingly and to the best of the ighting Designer
DELIVERY
The ighting Designer will provide detailed accurate lighting plans and all other materials covering all aspects of the lighting design to a standard metric scale by "Date$. "8ee note = below$ .
ABANDONMENT
If for whatever reason the )roduction is abandoned by the )roducer after the signing of this contract, no monies paid to the ighting Designer under >lause % of this contract shall be deemed to be refundable and the ighting Designer shall be paid up to and including the ne+t stage of payment due. "8ee note ? below$ !.
CREDIT
The ighting Designer will supply the )roducer with biographical material in accordance with the )roducer’s standard format and a photograph by "date$. The ighting Designer hereby consents to the use by the )roducer of his/her name, li0eness and biographical material in connection with the promotion and publicity campaign for the )lay. The )roducer will negotiate appropriate billing with The ighting Designer according to standard company practice.
2
".
PUBLICITY AND PHOTOCALLS
The ighting Designer agrees to use his/her best e@orts to assist the )roducer in all publicity activities including press interviews and photocalls. Interviews and photocalls will be scheduled in consultation with the ighting Designer, whose agreement will not be unreasonably withheld. The ighting Designer hereby grants the company the right to record the )roduction for archival purposes. Furthermore the ighting Designer ac0nowledges the )roducer’s right to photograph the )roduction for publicity purposes and for general company publicity and to arrange television, radio or webcast performances of e+cerpts of the )lay for publicity purposes, provided the e+cerpts are limited to not more than fteen minutes. #.
PRODUCTION BUDGET
The ighting Designer will wor0 with the )roducer, Director and )roduction Aanager to deliver the )roduction within a design budget to be determined by the )roducer and agreed in advance between the )roducer and the ighting Designer "8ee note B below$. It is hereby agreed that the ighting Designer can reclaim vouched e+penses associated with model ma0ing and other costs as agreed in advance with the )roducer. "8ee note C below$ $.
HEALTH AND SAFETY
The )roducer hereby ac0nowledges that the ighting Designer is responsible for the visual aspects of the production only. 7otwithstanding the above the ighting Designer hereby agrees to full his/her services with due regard to the health and safety of the public and all production personnel and to all relevant ealth and 8afety legislation and to >orporation Eye aws for places of public resort "amend as appropriate$ and to the )roducer’s ealth and 8afety 8tatement which will be made available to the ighting Designer in advance of the commencement of rehearsals. "8ee note below$ 1%.
COMPLIMENTARY TIC&ETS
The ighting Designer is entitled to % complimentary tic0ets for the o4cial opening performance. 11.
COPYRIGHT
!ll rights in and to the lighting design of the )roduction as conceived by the ighting Designer in the course of the rendition of his/her services as outlined in this contract shall be, upon its creation, and will remain, the sole and e+clusive property of the ighting Designer, it being understood, however, that the )roducer and its licensee's shall have a perpetual, irrevocable and e+clusive license to use such design in any future presentation of the production, including e+tensions, tours, transfers and revivals of the )lay on terms and conditions to be negotiated in good faith as provided for in >lause ;% of this contract. In return for the fee outlined in >lause % of this contract the ighting Designer hereby grants to the )roducer a license for his/her design for the initial run of the production according to the schedule as outlined in >lause ; of this contract. "8ee note G below$ 3
8ub1ect to the ighting Designer providing his/her services as re9uired by this !greement and to the performance by the ighting Designer of all his/her other obligations under this !greement, the )roducer hereby warrants that no changes in the design of the play will be made without the ighting Designer’s consent unless in the case of a technical emergency where the ighting Designer cannot be contacted. "8ee note H below$ 12.
E'TENSIONS( TOURS( TRANSFERS OR REVIVALS
The )roducer shall have the sole and e+clusive right to e+tend, revive, tour or transfer the production as it may determine. If the run of the production is e+tended or revived to tour or transfer beyond the schedule outlined in >lause ; of this contract the )roducer will negotiate a re3license of the ighting Designer’s copyright in good faith and according to standard industry practice. "8ee note ;& below$ If the )roducer revives, e+tends, tours or transfers the production using the ighting Designer’s original design and if the )roducer determines that additional wor0 is re9uired, the ighting Designer shall be a@orded the rst option to perform such additional wor0. The )roducer and the ighting Designer shall negotiate in good faith compensation therefor. To the e+tent that the ighting Designer is unable or unwilling to perform the additional wor0, the )roducer, after consultation with the ighting Designer, may employ, at its own cost, another person to perform the additional wor0. 13.
ASSIGNMENT
The )roducer may assign the rights and options outlined in this contract to another company or )roducer provided that the )roducer
CONSENTS
In the event that the )roducer shall ma0e any recording of the )roduction for commercial e+ploitation by any means, whether now 0nown or hereafter to be devised including all forms of audio visual products for retail sale or hire based on the )roduction, the ighting Designer hereby agrees and underta0es to enter into negotiations for a contract with the )roducer or such other party as may be nominated by the )roducer, in respect of commercial e+ploitation of videogram rights, and to conclude and agree such negotiations on reasonable terms and in accordance with current industry practice. 1.
)URISDICTION
This !greement shall be governed by and construed in accordance with the laws of Ireland the courts of which shall be courts of competent 1urisdiction. 1!.
ENTIRE AGREEMENT
This !greement constitutes the entire understanding between the parties and replaces all prior understandings and agreements between the parties in respect of the sub1ect matter of this !greement and may not be modied orally. 4
SIGNED BY
WITNESSED BY
************* ighting Designer
*************
Date2 ******
Date2 ******
************* )roducer
*************
Date2 ******
Date2 ******
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NOTES: ;. 7ot all designers are :!T registered. Those who are :!T registered are legally obliged to charge :!T at %;. It is the case that some companies negotiate a fee which is (inclusive of :!T and all other ta+es*. !s the ighting Designer will then be responsible for discharging any :!T liability it would be e+pected that this would be reJected in the level of fee paid. %. 8ubsistence payments 'either daily or wee0ly are sometimes negotiated where a ighting Designer is not resident in the town or city where the rehearsals and production are ta0ing place. ! ighting Designer might also e+pect travel e+penses, including Jights, to be covered by the company as well as agreed out of poc0et e+penses and this should be indicated in the contract where appropriate. Where the ighting Designer is e+pected to travel to attend at production meetings in advance of rehearsals or to see the show after opening night, it should also be indicated whether these costs are to be borne by the )roducer or the ighting Designer. Delete this clause in its entirety if not applicable. =. 7ormally the delivery of a ighting Designer’s services is negotiated in advance and included in the contract. Delivery schedules obviously vary but industry practice indicates that lighting and sound plans are usually provided later in the production process and in response to the set model, costume drawings and the staging of the show in the rehearsal room. ?. !n alternative arrangement in the event of !bandonment is a sliding scale whereby the amount of the fee paid will depend on the number of wee0s remaining before rehearsals were due to begin 'e.g. more than ten wee0s K %B, between ve and ten wee0s K ==, less than ve wee0s B&. B. If 0nown in advance the production budget can be included in the contract from the outset. C. These costs are sometimes considered to be included in the agreed design budget, which would then be indicated in the contract. . !ll companies are legally obliged to prepare a ealth and 8afety 8tatement which amongst other things usually indicates the company’s position on ris0 assessment, re proong etc. The ealth and 8afety 8tatement is often included as an appendi+ to a ighting Designer’s contract. G. It is regarded as standard industry practice that Designers retain all rights to their wor0 on a production. Lnder certain circumstances 'most usually pertaining to commercial productions some companies negotiate a complete Mbuy out’ of the Designer’s wor0. !s the Designer will then receive no further gain from revivals or e+tensions, this is usually reJected in the level of fee paid. !n e+ample of such an alternative clause is as follows2 The Lighting Designer grants to the Producer all copyright in, and any lending or rental rights resulting from, the products of the Lighting Designer’s services under this agreement throughout the world in all media, whether now known or hereafter to be devised, for the full period of copyright including extensions, renewals and revivals thereof, and to the extent possible in perpetuity and throughout the universe. 6
The Lighting Designer gives all necessary consents to the contribution of the Lighting Designer’s services to the Production being exploited andor recorded for the purposes of Part !!! of the "opyright and #elated #ights $ct, %&&& 'or any amendment or re(enactment thereof) and for the purposes of any similar legislation in any other *urisdiction. H. Where this clause is not agreed, the following clause is sometimes used to allow the Designer to remove his/her name from the production if he/she disagrees with the changes proposed by the )roducer2 +here the Producer makes substantial changes to the Production without the Lighting Designer’s written consent, or if the Producer reuires substantial changes which the Lighting Designer is not willing to implement, then the Lighting Designer shall have the right to withdraw hisher name from the Production. The Producer shall use hisher reasonable endeavours to ensure that the Lighting Designer’s name is removed from publicity material and from the o-cial show programme. ;&. 8tandard industry practice with regard to immediate Me+tensions’ of the original run of the show at the same venue ranges from no additional payment to a percentage of the original fee for each wee0’s e+tension, proportionate to the length of the original run and accepting that a large proportion of the original fee was in recognition of the (e+clusive services* granted to the company during the period of engagement. If it is agreed between the )roducer and the ighting Designer that additional wor0 is re9uired to facilitate the e+tension, the ighting Designer is usually o@ered rst refusal on this wor0 and additional payment is usually negotiated. !n e+tension of the licence in the ighting Designer’s copyright is obviously unnecessary if the )roducer has Mbought out’ the copyright as in note G above. !dditional payments may be re9uired, however, if the ighting Designer is re9uested to do further wor0 on the production to facilitate the e+tension. 8tandard industry practice with regard to Mrevivals’ of the show at some time in the future after the original run has come to a close 'either at the original venue or to facilitate tours or transfers ranges from a payment of between %B and == of the ighting Designer’s original fee. This payment may or may not include additional wor0 that may be re9uired on the part of the ighting Designer. Di@erent arrangements often apply for commercial transfers or tours, particularly to the West Nnd or Eroadway, where additional payments, including royalties, often apply. !s above, a re3 licence of the ighting Designer’s copyright is unnecessary if the )roducer has Mbought out’ the copyright as in note G above. !dditional payments may sill be re9uired, however, if the ighting Designer is re9uested to do further wor0 on the production to facilitate the revival or tour.
ADDITIONAL CLAUSES: !ssistant Designers2 8ome designer’s contracts also ma0e provision for the hiring of !ssistant Designers and indicate if the cost of such assistants will be borne by the )roducer, the Designer or is considered part of the production budget as outlined. 7
N7D8 © Theatre
Forum February %&&C
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