Actor agreement altered

[dannyvillanuevajr]

I'm a small film producer from Wisconsin and just wrapped production on a feature-length film that I intend to distribute. I hired an actor for a one day shoot. She worked the day and had to leave immediately after so I wasn't able to get her agreement signed that day, but we agreed to do it digitally after. Days after she was sent the payment and a contract agreement through Shake Legal. There was an error that sent her a standard actor agreement template that was blank other than my signature at the bottom. Instead of bringing up it was blank, she downloaded the contract, brought it into Digisign, and filled it out herself. Problem is she added 1% contingent compensation for all net profit of the film which was not part of the agreement. The actors were all paid a fixed compensation which was stated on the application she applied to. After multiple attempts to get her to sign the correct form, she continues to not respond. My associate producer was able to get a hold of her on the phone and she claimed she had been receiving and reading my emails but have been going through family issues so it's not a priority of hers to sign the form. She didn't say she'd get to it or give us a time frame. I've since tried reaching out multiple times but still no response. I have a paper trail of everything. Not sure what to do at this point. A distributor will not pick up my film without the proper documentation. I can always self distribute but want to make sure I'm safe. Any advice is appreciated.

 

[LdiJ]

I'm a small film producer from Wisconsin and just wrapped production on a feature-length film that I intend to distribute. I hired an actor for a one day shoot. She worked the day and had to leave immediately after so I wasn't able to get her agreement signed that day, but we agreed to do it digitally after. Days after she was sent the payment and a contract agreement through Shake Legal. There was an error that sent her a standard actor agreement template that was blank other than my signature at the bottom. Instead of bringing up it was blank, she downloaded the contract, brought it into Digisign, and filled it out herself. Problem is she added 1% contingent compensation for all net profit of the film which was not part of the agreement. The actors were all paid a fixed compensation which was stated on the application she applied to. After multiple attempts to get her to sign the correct form, she continues to not respond. My associate producer was able to get a hold of her on the phone and she claimed she had been receiving and reading my emails but have been going through family issues so it's not a priority of hers to sign the form. She didn't say she'd get to it or give us a time frame. I've since tried reaching out multiple times but still no response. I have a paper trail of everything. Not sure what to do at this point. A distributor will not pick up my film without the proper documentation. I can always self distribute but want to make sure I'm safe. Any advice is appreciated.

The advice I have won't help with this time, but in the future you should not allow someone to work, and should not pay them, until AFTER the contract is signed. She has no motivation to hurry up and get it done, because she has already been paid.

 

[quincy]

I'm a small film producer from Wisconsin and just wrapped production on a feature-length film that I intend to distribute. I hired an actor for a one day shoot. She worked the day and had to leave immediately after so I wasn't able to get her agreement signed that day, but we agreed to do it digitally after. Days after she was sent the payment and a contract agreement through Shake Legal. There was an error that sent her a standard actor agreement template that was blank other than my signature at the bottom. Instead of bringing up it was blank, she downloaded the contract, brought it into Digisign, and filled it out herself. Problem is she added 1% contingent compensation for all net profit of the film which was not part of the agreement. The actors were all paid a fixed compensation which was stated on the application she applied to. After multiple attempts to get her to sign the correct form, she continues to not respond. My associate producer was able to get a hold of her on the phone and she claimed she had been receiving and reading my emails but have been going through family issues so it's not a priority of hers to sign the form. She didn't say she'd get to it or give us a time frame. I've since tried reaching out multiple times but still no response. I have a paper trail of everything. Not sure what to do at this point. A distributor will not pick up my film without the proper documentation. I can always self distribute but want to make sure I'm safe. Any advice is appreciated.

I suggest you send her another, amended contract/release agreement for her to sign.

 

[dannyvillanuevajr]

I guess my question is considering I have a paper trail, can I feel safe if she tries to take any legal action to claim that 1% or would she stand a chance if she tries to remove my permission to use her image since the contract I have had that error? I've sent her an updated contract and multiple emails over the past few months. It seems pretty clear she's not going to sign it.

 

[quincy]

She should not be able to hold you to a contract she altered.

 

[LdiJ]

I guess my question is considering I have a paper trail, can I feel safe if she tries to take any legal action to claim that 1% or would she stand a chance if she tries to remove my permission to use her image since the contract I have had that error? I've sent her an updated contract and multiple emails over the past few months. It seems pretty clear she's not going to sign it.

She can't try to get that 1% because she altered the contract. She might try to rescind her permission if she gets stupid, but since you can prove that you paid her and prove that you have been trying to get her to sign the contract she was supposed to sign, she shouldn't suceed with that.

 

[quincy]

There could be a problem with release of your film without the actor’s signed agreement. She could cause not only a delay in distribution but a cancellation of the project entirely.

You might be smart to consult with an entertainment lawyer for suggestions on how to get her to sign.