▲蘇狀師談娛樂法演藝經紀合約                    文蘇思鴻律師


藝人演出、從事代言活動常與廠商訂立契約，或因不諳演藝生涯之經營，或是行程滿檔，分身乏術，無法將自己的演藝工作做妥適之安排，而需要經紀人之協助，演藝經紀人因此而生。而演藝經紀人作為藝人之守護神，時常面臨訂約問題，面對各式各樣之契約，如何為藝人的權益把關，並為自己爭取更多的酬勞，這是非常重要之課題。隨者演藝事業之蓬勃發展，演藝經紀人的地位愈來愈重要，一些基本的法律常識是必備的，接下來我們來看看美國專業的演藝經紀公司的演藝經紀合約規範的內容為何。


TALENT REPRESENTATION AGREEMENT
I ________________________hereby employ Creative Casting Agency as my talent agency for
the event__________________.
我某某(下稱甲方)在此雇用Creative Casting Agency (下稱乙方)就某某事(包含但不限於爭取、安排演藝活動、商談演出機會、出席代言活動、協商契約等)為甲方的演藝經紀人。


For a period of 1 year from date hereof I authorize The Creative Casting Agency to negotiate contracts for the rendition of my professional services as an artist, or otherwise, in the fields of motion pictures, modeling, legitimate stage, radio broadcasting, television, speaker engagements, literary works and other professional artistic services. This contract will automatically renew in one year unless either party terminates the agreement in writing.
本契約為期一年，自訂立契約日起算。在此甲方授權乙方就甲方以藝人身分於電影之演出、走秀或為平面模特兒、參與舞台演出、廣播電視之演出、以演講者身分出席、平面文宣和其他演藝活動所訂立之契約可為協商。本契約除當事人之一方於契約到期日前另以書面為反對之意思表示，本契約期滿自動延展一年。





If any clients or casting directors within the 75 mile radius contact me directly, I will immediately inform Creative Casting Agency. CCA will be the talent agency of record and be paid agency commissions as per this contract appropriately. Talent fees typically come to the agency. However, if I receive any monies directly from a client I will immediately forward the check to Creative Casting Agency and receive a check in return for the amount due me as talent.
假如在方圓75英里範圍內有任何客戶(廠商)或導演直接聯絡甲方，甲方將即刻通知乙。乙方為甲方註記有案之經紀人並且依照本契約給付適當之佣金。甲方之演藝所得由乙方管理，並先入帳於乙方。甲方若直接先從客戶獲得報酬，應及時開立支票乙方，乙方收到後隨即開立一紙扣除乙方佣金之支票與甲方。





I acknowledge that Creative Casting Agency will act under the guidelines of this Talent Agency Contract on behalf of anyone I refer to Creative Casting Agency for any opportunity, audition or booking.
甲方認知乙方會將甲方委交給乙方任何演出機會、財務之審查、工作機會之預訂，乙方會根據本經紀合約克盡其責。


I understand that Creative Casting Agency will be the Talent Agency of record on any such booking and will be paid agency commissions as per this contract appropriately. I hereby agree that The Creative Casting Agency may advise, counsel or direct me in the development and /or advancement of my professional career.
甲方理解乙方會將所有預訂之工作記錄下來，並會依據本契約給付乙方適當之佣金。甲方在此同意乙方就甲方之演藝生涯之經營和/或開發可為建議、諮詢或指導。



I hereby agree to pay The Creative Casting Agency a sum equal to twenty percent (20%) of all monies or things of value as and when received by me directly or indirectly, as compensation for my professional services rendered or agreed to be rendered during the term hereof undercontracts, or any extensions, renewals, modifications, or substitutions thereof, entered into or negotiated during the term hereof. I will pay the same to The Creative Casting Agency for so long a time as I receive compensation on any such contracts, extensions, options or renewals of said contracts; and for so long as The Creative Casting Agency remain licensed. All checks must be made out to “The Creativity Collective.”
甲方同意乙方可獲得相當於百分之二十的報酬，諸不論係直接或間接由甲方所得…



It is expressly understood that to be entitled to continue to receive the payment of compensation on the aforementioned contracts, after the termination of this agreement, The Creative Casting Agency shall remain obligated to serve me and perform obligations with respect to said employments or to extensions or renewals of said contracts or to any employment requiring my services on which such compensation is based.





I acknowledge that the compensation payable to The Creative Casting Agency hereunder is in addition to any service fee The Creative Casting Agency might or shall receive from the client for whom I render services and said sum shall not reduce the commission payable to The Creative Casting Agency by me hereunder.





Creative Casting Agency is authorized and empowered by me to approve and permit the use of my name, photograph, likeness, voice and theatrical materials in connection with my services in the entertainment industries as outlined above in connection with those uses, purposes and projects with I have specifically authorized said use.





Creative Casting Agency is further authorized to contract for, bill, collect and receive sums payable and derived from my services, and upon receipt of the sums, to deposit them in Creative Casting Agency’ accounts, directly, and to deduct therefrom all sums owing to Creative CastingAgency pursuant to this Agreement.





Creative Casting Agency is authorized to sign photographic and other releases for me consistent with the terms and provisions of this Agreement and any specific project or booking. Creative Casting Agency is specifically empowered, consistent with these provisions, to endorse checks to Creative Casting Agency’ account and payment to me pursuant to this Agreement.





Controversies arising between client and Creative Casting Agency shall be referred to the Labor Commissioner of the State of Oregon. The Creative Casting Agency will make efforts to procure employment for me in the field or fields of endeavor specified in the contract in which you represent me.





The parties hereto agree, and I acknowledge, that I am an independent contractor. This contract and the relationship between the parties does not constitute employment. I am responsible for all taxes owed upon my earnings and am not eligible for Unemployment from Creative Casting Agency.





This instrument constitutes the entire agreement between us and no statement, promises, or inducement made by any party hereto that is not contained herein shall be binding or valid, and this contract may not be enlarged, modified, or altered, except in writing by both the parties.





The Creativity Collective will deliver to client an executed exact copy of this contract.





__________________________________________
Talent
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Representing Agent