Crew Employment Agreement – Koa Aloha Media

This form should only be filled out when Koa Aloha Media has come to an agreement with the desired employee or contractor for services to be rendered.

Once services are agreed upon, the employee or contractor (paid, volunteer, or otherwise) can fill out this form. Once received, it will be reviewed and confirmed by Koa Aloha Media and a copy digitally signed by the Producer shall be returned to the employee as “Agreed and Confirmed” so both parties have a copy of the agreement.

Koa Aloha Media an Employment (Paid or Volunteer) Agreement & Limited Liability Release Form

This is an Employment Agreement and Limited Liability Release Form.

Name of Project *

If the name of project is different than above, please list the project you are involved with.

DIGITAL SIGNATURE *

Please type your full legal name as a digital signature acknowledging that you have read and understood the terms of the above listed release.

Email *

Please Enter your address and we will send you a copy of the release.

IMDB Listing (if available)

Already on IMDB? Add your link here to make sure we get it right. If not, don't worry, we can get your IMDB created for you!

Official Title for Credits and IMDB

As agreed upon with Koa Aloha Media.

If above option requres a username/email/phone number, please submit it here

Typically a username, email, or phone number.

Services to be Rendered

As agreed upon with Koa Aloha Media

If payment terms apply, select payment method

I have reviewed, read and understand the COVID-19 Preparedness Plan as outlined by Koa Aloha Media

Yes

Please Enter your Mailing Address Below *

Please Read and Acknowledge the Following Conditions including the Non-Disclosure Agreement for Participation in the below named project. *

I hereby acknowledge that I am participating in a motion picture named [Name in Form Below] being produced by Koa Aloha Media, (hereafter, Producer).

TERMS OF AGREEMENT FOR THE WORK CONTRIBUTED: I hereby irrevocably grant to the Producer, its licensees, agents, successors and assigns, the right, but not the obligation, in perpetuity throughout the world and in all media, now or hereafter known, to use (in any manner it deems appropriate, and without limitation) in and in connection with the motion picture, by whatever means exhibited, advertised or exploited:

I acknowledge that, unless noted and agreed to by both parties and noted in the "applicable terms" below, this agreement is for a payment of $0 for my participation and does not include deferred pay, motion picture ownership through points or percentages or additional monies to be paid through distribution of all known and future media, advertising, merchandising, or promoting.  If additional payments are agreed upon, they shall be agreed upon on a separate contract.

Warranties. The Contractor warrants as follows:   
	(A) Contractor is fully able to enter into and perform its obligations pursuant to this Agreement.  
	(B) All services shall be performed in a professional manner.  
	(C) If employees or subcontractors are to be hired by Contractor they shall be competent professionals.  
	(D) Contractor shall pay all necessary local, state, or federal taxes, including but not limited to withholding taxes, workers’ compensation, F.I.C.A., and unemployment taxes for Contractor and its employees.  

Insurance. The Contractor shall maintain in force general liability insurance

LIMITED LIABILITY: Furthermore, I understand that during my participation in the production, I may be exposed to a variety of hazards and risks, foreseen and unforeseen, that may include, but are not limited to, personal injury, property damage and death. To the fullest extent allowed by law, I agree to waive, discharge claims and release from liability the Producer, its officers, directors, employees, agents and leaders from any and all liability on account of, or in any way resulting from Injuries or Damages. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Project.

Relationship of Parties.  Both parties agree that the Contractor is an independent contractor.  This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between the Producer and Contractor. Nothing contained herein shall be construed to be inconsistent with this independent contractor relationship.  

Assignment.  This Agreement may not be assigned by either party without the written consent of the other party hereto.  


Miscellany. This Agreement constitutes the entire agreement between the parties.  Its terms can be modified only by an instrument in writing signed by both parties, except that oral authorizations of additional fees and expenses shall be permitted if necessary to speed the progress of work.  This Agreement shall be binding on the parties, their heirs, successors, assigns, and personal representatives.  A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.  This Agreement shall be governed by the laws of the State of California
NON-DISCLOSURE AGREEMENT
Reading the Screenplay AMBER ROAD, a property of Koa Aloha Media. 
The Owner has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows: 
  
I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Owner concerning the business, technology and information of the Owner and any third party with which the Owner deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. 
  
 	A. "Confidential Information" does not include: 
  
 -	matters of public knowledge that result from disclosure by the Owner; 
 -	information rightfully received by the Recipient from a third party without a duty of confidentiality; 
 -	information independently developed by the Recipient; 
 -	information disclosed by operation of law; 
 -	information disclosed by the Recipient with the prior written consent of the Owner; 
and any other information that both parties agree in writing is not confidential. 
  
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows: 
  
A. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner. 
  
B. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner. 
  
C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information. 
  
D. Application to Employees. The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Owner. 
  
III. UNAUTHORIZED DISCLOSURE OF INFORMATION - INJUNCTION. If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. 
  
IV. NON-CIRCUMVENTION. For a period of five (5) years after the end of the term of this Agreement, the Recipient will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the result of which shall be to prevent the Owner from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Owner. If such circumvention shall occur the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction. 
  
V. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all materials have been returned within five (5) days of receipt of the request. 
  
VI. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture. 
  
VII. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential Information is provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Owner does not represent or warrant that any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient. 
  
VIII. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as between the Owner and the Recipient, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are incorporated into the Confidential Information or related materials during the period of this Agreement. 
  
IX. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney's fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement. 
  
X. ATTORNEY'S FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 
  
XI. TERM. The obligations of this Agreement shall survive 12 months from the Effective Date or until the Owner sends the Recipient written notice releasing the Recipient from this Agreement. 
  
XII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of California. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement. 
  
XIII. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.

I have read and agree to all of the above conditions.

Yes

Do not continue if you disagree.

I agree to not share or post any images or video to any media (social, web, news, or otherwise) without written permission from Brian Barsuglia.

Yes

Do not continue if you disagree.

Other Notes

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