Common use of Artist’s Obligations Clause in Contracts

Artist’s Obligations. 4.1. The Artist undertakes and warrants that: 4.1.1. they are free to enter into this Agreement and have not entered into and will not in the future enter into any agreement or partake in any activity which could reasonably be expected to prevent or inhibit their performance and observance of any of their obligations under this Agreement; 4.1.2. to the best of their knowledge they are in good health and have no condition which would prevent the Producer from obtaining life, health, accident cast or other insurance covering their services at rates normal to their age and sex and without exclusions and without payment of any extra premium; 4.1.3. they will attend punctually the locations on the dates and times required by the Producer; 4.1.4. they will at all times provide their services to the best of their ability and skill and in line with services customarily provided by actors of comparable experience and calibre and in the type of production as identified in the Key Terms; 4.1.5. they shall at all times (throughout the Period of Service and prior to and during the Production’s first public broadcast or release) and in all public places conduct themselves in a professional and responsible manner and not do anything which could adversely affect or bring into disrepute the Production, the Producer or the relevant television network (if applicable). Examples of misconduct under this clause include, without limitation, illegal substance abuse, intoxication by way of alcohol abuse, excessive expressions of anger and/or any violent or abusive behaviour; 4.1.6. throughout the Period of Service when their services are not required they will keep the Producer reasonably informed of their whereabouts and provide the Producer with contact numbers and addresses and will not leave the city/town in which the Production is shooting without the prior consent of the Producer, such consent not to be unreasonably withheld or delayed; 4.1.7. so as to ensure they look and appear the same as they did at the date of this Agreement (this being acknowledged as being of the utmost importance to the Producer in ensuring they are able to meet the requirements of the Role) they will not cut/restyle, colour, or alter in any way their hair, teeth, eyebrows, skin, body size or general physical appearance including without limitation becoming underweight, overweight, or piercing, or tattooing any visible part of their body without the prior written consent of the Producer, and they will allow the Producer to cut, colour or otherwise style their hair so as to meet the requirements of the Role and of the Production provided that at the end of the Period of Service and if requested to by the Artist the Producer will return the Artist’s hair to its original condition and if this is not possible (e.g. if it has been cut) to such reasonable standard as agreed between the parties. The Artist agrees that during any Subsequent Series Option (if applicable) the Artist will not make any alteration to their physical appearance that will permanently change their appearance so as to make them incapable of meeting the requirements of the Role; 4.1.8. they will not bring or cause to be brought to the place of the Production or filming any animal (unless required by the Producer to do so), nor any person (unless that person is bona fide connected to the Production) nor any harmful goods or substances; 4.1.9. they will not charge any item or service to the Producer or the Production unless prior authorisation has been obtained from the Producer, and they will meet all personal expenses including, but not limited to, personal telephone calls etc; 4.1.10. they will promptly return and in good condition all wardrobe, or other items, supplied by the Producer in respect of the Role and/or the Production and will reimburse the Producer (if requested) for any loss and/or damage to any wardrobe or other items, or any third party property, fair wear and tear and damage caused in the course of performing the Role excepted; 4.1.11. if they are in control of one of the Producer’s vehicles (whether owned or hired by the Producer), they will: 4.1.11.1 hold the current correct driver’s licence, evidence of which must be supplied to the Producer prior to the first use of a vehicle, and comply with all required conditions regarding the operation of the vehicle; 4.1.11.2 comply with all applicable statutes, regulations and rules while driving or otherwise in control of the vehicle; 4.1.11.3 pay all fines or costs associated with failure to comply, including without limitation parking or speeding fines, confiscation costs, legal fees, storage costs; 4.1.11.4 be liable for any excess payable by the Producer on its insurance policy if the damage being claimed under the insurance policy is due to the Artist’s negligence and/or fault; 4.1.12.5 be liable for damage and/or replacement costs of the vehicle where the Producer’s insurance does not cover those costs due to the Artist’s negligence and/or fault. Where the Artist is driving a vehicle in character and is under the Producer’s direction then it is agreed that clauses 4.1.11.4 and 4.1.11.5 will not apply except where the Artist fails to comply with the reasonable instructions of the Producer as to use of that vehicle. 4.1.12. If they are the driver or passenger in an accident involving one of the Producer’s vehicles (whether owned or hired by the Producer), then if requested they will complete an accident report for the purposes of insurance; 4.1.13. they will comply with all reasonable instructions and policies as provided by the Producer including, but not limited to health and safety, harassment, smoking, IT, transport and confidentiality; 4.1.14. they will be fully responsible for all taxes, levies (including ACC) and other payments applicable to contractors under law. However, withholding or other applicable taxes will be deducted by the Producer as required by law in accordance with clause 7.

Artist’s Obligations. 4.1. The Artist undertakes and warrants that: 4.1.1. they are free to enter into this Agreement and have not entered into and will not in the future enter into any agreement or partake in any activity which could reasonably be expected to prevent or inhibit their performance and observance of any of their obligations under this Agreement; 4.1.2. to the best of their knowledge they are in good health and have no condition which would prevent the Producer from obtaining life, health, accident cast or other insurance covering their services at rates normal to their age and sex and without exclusions and without payment of any extra premium; 4.1.3. they will attend punctually the locations on the dates and times required by the Producer; 4.1.4. they will at all times provide their services to the best of their ability and skill and in line with services customarily provided by actors of comparable experience and calibre and in the type of production as identified in the Key Terms; 4.1.5. they shall at all times (throughout the Period of Service and prior to and during the Production’s first public broadcast or release) and in all public places conduct themselves in a professional and responsible manner and not do anything which could adversely affect or bring into disrepute the Production, the Producer or the relevant television network (if applicable). Examples of misconduct under this clause include, without limitation, illegal substance abuse, intoxication by way of alcohol abuse, excessive expressions of anger and/or any violent or abusive behaviour; 4.1.6. throughout the Period of Service when their services are not required they will keep the Producer reasonably informed of their whereabouts and provide the Producer with contact numbers and addresses and will not leave the city/town in which the Production is shooting without the prior consent of the Producer, such consent not to be unreasonably withheld or delayed; 4.1.7. so as to ensure they look and appear the same as they did at the date of this Agreement (this being acknowledged as being of the utmost importance to the Producer in ensuring they are able to meet the requirements of the Role) they will not cut/restyle, colour, or alter in any way their hair, teeth, eyebrows, skin, body size or general physical appearance including without limitation becoming underweight, overweight, or piercing, or tattooing any visible part of their body without the prior written consent of the Producer, and they will allow the Producer to cut, colour or otherwise style their hair so as to meet the requirements of the Role and of the Production provided that at the end of the Period of Service and if requested to by the Artist the Producer will return the Artist’s hair to its original condition and if this is not possible (e.g. if it has been cut) to such reasonable standard as agreed between the parties. The Artist agrees that during any Subsequent Series Option (if applicable) the Artist will not make any alteration to their physical appearance that will permanently change their appearance so as to make them incapable of meeting the requirements of the Role; 4.1.8. they will not bring or cause to be brought to the place of the Production or filming any animal (unless required by the Producer to do so), nor any person (unless that person is bona fide connected to the Production) nor any harmful goods or substances; 4.1.9. they will not charge any item or service to the Producer or the Production unless prior authorisation has been obtained from the Producer, and they will meet all personal expenses including, but not limited to, personal telephone calls etc; 4.1.10. they will promptly return and in good condition all wardrobe, or other items, supplied by the Producer in respect of the Role and/or the Production and will reimburse the Producer (if requested) for any loss and/or damage to any wardrobe or other items, or any third party property, fair wear and tear and damage caused in the course of performing the Role excepted; 4.1.11. if they are in control of one of the Producer’s vehicles (whether owned or hired by the Producer), they will: 4.1.11.1 hold the current correct driver’s licence, evidence of which must be supplied to the Producer prior to the first use of a vehicle, and comply with all required conditions regarding the operation of the vehicle; 4.1.11.2 comply with all applicable statutes, regulations and rules while driving or otherwise in control of the vehicle; 4.1.11.3 pay all fines or costs associated with failure to comply, including without limitation parking or speeding fines, confiscation costs, legal fees, storage costs; 4.1.11.4 be liable for any excess payable by the Producer on its insurance policy if the damage being claimed under the insurance policy is due to the Artist’s negligence and/or fault; 4.1.12.5 be liable for damage and/or replacement costs of the vehicle where the Producer’s insurance does not cover those costs due to the Artist’s negligence and/or fault. Where the Artist is driving a vehicle in character and is under the Producer’s direction then it is agreed that clauses 4.1.11.4 and 4.1.11.5 will not apply except where the Artist fails to comply with the reasonable instructions of the Producer as to use of that vehicle. 4.1.12. If they are the driver or passenger in an accident involving one of the Producer’s vehicles (whether owned or hired by the Producer), then if requested they will complete an accident report for the purposes of insurance; 4.1.13. they will comply with all reasonable instructions and policies as provided by the Producer including, but not limited to health and safety, bullying, discrimination and harassment, smoking, IT, transport and confidentiality; 4.1.14. they will be fully responsible for all taxes, levies (including ACC) and other payments applicable to contractors under law. However, withholding withholding, or other applicable taxes will be deducted by the Producer as required by law in accordance with clause 7.