模特表演合同翻译(中英文)
CONTRACT OF MODEL PERFORMANCE
甲方:(经纪人)Party A: ( the agent)
性别:Gender:
地址:Address:
身份证号码:ID card No.:
乙方:(模特)Party B: ( the model)
性别:Gender:
地址:Address:
身份证号码:ID card No.:
甲乙双方经友好协商决定,甲方为乙方的经纪人。双方同意按照以下列条款签订合同,并严格遵守。有关合约内容如下:
Party A is the agent of Party B through friendly negotiation. Both sides agree to sign the contract according to the following terms and will strictly abide by. The relevant contract contents are as follows:
一、合同内容One: The content of the contract
乙方聘请甲方为经纪人,在合同期间由甲方全权代理乙方涉及到与演艺有关的商业或非商业活动,以及与乙方公众形象有关的活动。乙方为此支付甲方经纪费用。
Party B retain Party A as the broker. During the period of contract, Party A will be the sole agency of Party B, including all commercial or non-commercial performing activities and activities relate to Party B's public image. Party B shall pay Party A the brokerage fee.
二、合同期限 TWO:
为期两年,自签约后立即生效,开始期以签约当天日期为准。
The contract will last for two years. It will take effect immediately after signing, the beginning date is the signing date.
三、合同期内,甲方应有的权利和应尽的义务:
THREE: During the contract period, Party A shall have the following rights and obligations.
1、甲方应努力通过各种新闻媒体及其他方式宣传乙方,尽可能地提高乙方的知名度,通过强有力的宣传运作获得最佳效果,使乙方建立、保持良好的公众模特形象。
Party A shall propagate Party B through various of news media and other means to enhance Party B's public prestige; to get the best effects through powerful propaganda and operation so that Party B can establish, maintain the good public model image.
2、甲方在合同期间独家拥有乙方之名称、肖像及声音的商业和非商业的公众活动代理权,并拥有乙方活动演出以及拍摄的照片或影视作品版权。
Party A has the sole agency rights of Party B, relate to the commercial and non commercial public activities including the name, portrait and voice of Party B. Party A has the copyright of Party B's activities performance, photos and TV works.
3、甲方有权安排乙方的所有演艺工作并作为乙方的委托代理人签署有关演艺合同,但合同内容应征得乙方的同意。
合同期间,甲方对乙方日程、企划、定位、筹备、训练、摄影、录象、制作、宣传、演出等一切与演艺活动相关之活动拥有最终决定权,乙方在力所能及的范围内不得借故拖延或拒绝。甲方有权要求乙方参加由甲方安排的演艺活动,但是必须充分考虑到乙方的身心状况和劳动强度,在乙方可以胜任的情况下,乙方应参加甲方安排的演艺活动。
Party A as the entrusted agent has the right to arrange all the performance work and sign the relevant performing contract for Party B, but the content of the contract should get the consent of party B.
During the period of contract, Party A has the final decision right to Party B's activities relevant to its schedule, planning, positioning, preparation, training, photography, video, production, publicity and performance. Party B shall not delay or refuse Party A as his or her capacity allows. Party A has the right to request Party B join the performing activities in fully consideration of the mental state and labor intensity of Party B. If Party B is competent for the activities, he or she should attend the performing activities arranged by Party A.
4、乙方从事商业性演艺或非商业性演艺活动的有关工作酬劳,如果第三方拖欠、欠款或拒付时,甲方应尽力协助追讨,并承担相应的损失比例,但不负责赔偿。
About the relevant working reward of Party B's commercial or non-commercial performing activities:if the third party is in arrears, or refusal of payment, Party A shall assist to recover and undertake the corresponding loss ratio, but Party A is not responsible for the compensation.
5、甲方安排乙方在重要场合演出或参加其他活动时,甲方有义务派出宣传人员陪同前往,以保障宣传效果。
When Party A arrange Party B to act in important occasions or take part in other activities, Party A has the obligation to send propagandist accompanied in order to ensure the publicity effect.
6、甲方应向乙方提供有效的联系方式,包括微信、手机号等,以便乙方可以立即与甲方取得联系。
Party A should provide effective contact methods including wechat and telephone number etc to Party B, so that Party B can immediately get in touch with Party A.
四、合同期内,乙方应有的权利和应尽的义务:
FOUR: During the contract period, Party B shall have the following rights and obligations.
1、乙方在合同期内,应根据甲方的安排进行演艺活动。
During the contract period, Party B shall carry out performing activities according to party A's arrangement.
2、乙方有权参加与其本人有关的歌曲创作、制作、宣传、演出等一切与演艺事业有关的相关活动的企划过程并了解收支情况,表达个人意愿。但是一经甲乙双方商定确认,乙方必须遵守,按照甲方提出的方案安排日程、企划、定位、筹备、训练、录音、录象、宣传等内容,不得借故拖延或拒绝。
Party B has the right to participate in the planning process of activities that are relevant to his or her acting career, know the situation of income and expenditure and express his or her own individual will including activities of songwriting, production, promotion and performance and so on. But as long as agreed by both parties' confirmation, party B should obey the contract. Party B shall arrange the schedule, planning, positioning, preparation, training, video
3、未经甲方同意,乙方不得为以商业目的在甲方指定范围以外的个人或机构参与活动演出和拍摄等商业活动,不得以任何目的、任何形式擅自参加商业或非商业公众活动,不得向任何个人或机构提供与商业或非商业公众活动,不得向任何个人或机构提供与商业或非商业演出、形象展示有关的照片,不得擅自实施整形手术(包括面部、身体、发型等)。
Without the consent of party A, party B shall not participate the commercial activities with the business objectives outside the designated scope of party A. Party A shall not participate the performing and shooting activities organized by other individuals or institutions; Party B shall not join in public activities of commercial or non commercial; Party B shall not offer commercial or non-commercial activities for any individuals or institutions; Party B shall not offer any pictures that are relevant to commercial or non-commercial performance, or image presentation to individuals or institution. Party B shall not carry out plastic surgery(including the face, body, hair and so on) without noticing party A.
4、在甲方安排的演出、摄影、录象、拍摄专辑、制作宣传片等活动中,资金应由甲方负责安排,乙方应全力配合甲方。
During the activities of performance, photography, videoing, albums photography, propaganda film making arranged by party A, party A shall responsible for the funds, Party B shall fully cooperate with Party A.
5、乙方在其非演出等情况下发生的收入归乙方所有,与甲方无关。如乙方的受赠、继承、买卖有价证券、个人投资等。
The income gets in the case of non-performing situation by party B shall be party B's individual assets and has nothing to do with party A. For instance, the endowment, inheritance, securities trading and individual investment of party B , etc.
6、乙方应向甲方提供有效的联系方式,包括微信、手机号等,以便甲方可以立即与乙方取得联系。
Party B should provide effective contact methods including wechat and telephone number etc to Party A, so that Party A can immediately get in touch with Party B.
7、乙方有权在涉及公民的基本权力和义务的领域内享有权力、承担义务,对此甲方不得干涉。
Party B has the right to enjoy the right and carry the obligation in the field involving the basic rights and duties of citizens, party A shall not interfere.
8、乙方有权按照《劳动法》等有关法律、法规的规定享有劳动、义务以及休息的权力。如果因为演艺事业的特殊要求需要加班加点的,乙方有权进行合理的休息。
Party B has the right and obligation of labor and rest according to the relevant laws and regulation in the labor laws. Party B has the right to make reasonable rest in the event that the acting career has special requirement and need work overtime.
9、乙方应自尊、自重、自爱,在甲方的协助下慎重对待自己的言行,以使自身的公众形象得到尽可能的维护和提高。乙方在向新闻媒体以及任何个人、机构公布自身的隐私、立场、观点时,应事先征得甲方的同意。
Party B shall be self-esteem, self-respect and self-regard, treat his or her words carefully and seriously with the help of party A to make his or her public image get maintained and improved as much as possible. party B shall seek the consent of party A before he or she announce his or her privacy, stand point and point of view to any news media individuals, or institutions .
10、在合同期间,乙方不得聘请任何除甲方之外的任何第三方担任其演艺事业的经纪人。
During the contract period, party B shall not employ any other third party as his or her career agent except party A.
11、乙方有权对自身的企划、定位、外型等事宜提出建议并与甲方协商解决。
Party B has the right to give suggestions about matters related to his or her own planning, positioning and appearance and solve these matters in consultation with party A.
12、乙方将承担保密义务,确保任何与甲方合作的内部事务不以任何形式、渠道对外公布。
Party B shall undertake the obligation to keep confidential. To ensure the internal affairs that cooperation with party A will not leak to the public in any forms.
13、乙方如果因为不可抗力退出演艺事业,复出后应继续聘请甲方担任经纪人,除非甲方拒绝或因个人问题不能继续胜任。
If party B quit acting career because of irresistible force ,when he or she comeback should still employ party A as his or her agent, unless party A refuse or isn't competent due to personal problems.
五、酬金、税费FIVE: The remuneration, Taxes and Duties
乙方从事商业或非商业演出活动及有关工作之酬劳(限于货币、实物等),应有甲方代为收取并支付相关个人所得税。如遇乙方自行收取酬劳之情况时,乙方同样在收取酬金后两周内主动支付甲方。如果出席活动,甲方付给乙方活动费用为每场
The remuneration(limited to money, in kind, etc.) of party B's engaging in commercial or non-commercial performance activities and related works should be charged by party A instead and pay the personal income tax. In the case of party B receive the remuneration in person, party B also should pay for party A initiatively. If attending activities, party A shall pay party B 1000 RMB for each activity. If shooting or other work, party A and party B shall collaborative bidding. The total costs noticed to the customers shall not less than 1500 RMB, both parties share 50% of the total profit.
六、合同的变更和解除SIX: The modification and rescission of the contract.
1、如因甲方原因使得不能继续为乙方提供经纪服务时,乙方有权终止本合同。
If it is on party A's account can't offer broking service for party B, party B has the right to terminate the contract.
2、如因甲方原因使得乙方的演艺事业受到不应有的负面影响时,乙方有权决定继续或解除本合同。
If it's on party A's account that make party B's acting career suffer the unworthy negative effect, party B has the right to continue or cutout the contract.
3、甲乙双方可以协商变更或解除本合同。变更时应采取书面形式。
The contract can be changed or terminated through negotiation by both parties. The change should take the form of writing.
4、如因乙方原因使得其不再适合从事演艺事业(身体、名誉等遭受损害),甲方有权解除本合同。
If it's for party B's account that make he or she no longer suitable for the acting career,for instance, the body or reputation damage, party A has the right to terminate the contract.
5、合同期内,乙方如因意外使身体或外型受到伤害并影响其外在形象时,甲方有权决定继续或终止本合同。
During the contract period, if party B damage his or her body or appearance accidently and affect his or her public image, party A has the right to continue or terminate the contract.
6、甲方不得以任何方式作出有损乙方公众形象的行为,否则,乙方有权决定继续或终止本合同。
Party A should not make any behavior in any way to damage party B's public image. Otherwise, party B has the right to continue or terminate the contract.
七、违约责任SEVEN: Liability for breach of the contract.
甲乙双方应本着友好合作之原则进行合作,一旦出现纠纷,应尽可能地协商解决,但是发展到只能用终止合同的办法才能解决问题时,应该按照以下方式处理:
Party A and party B should collaborate following the principle of friendly cooperation, Once blowing up disputes, both parties should solve these disputes by negotiation as much as possible. While once the disputes can be solved only by terminating the contract, the following principle should be observed.
1、合同期内,甲乙双方中任何一方如不能诚实履行合同及违反合同条款时,视违约情节,按照下列条款单独或并处:
During the contract period, if any party can't fulfill the contract honestly or breach any terms of the contract, should be penalized alone or simultaneously according to the following default status:
1)延迟或停止违约方一切或者部分演艺、宣传等运作活动;
Delay or stop all or part activities of the breaching party. Such as, activities of performance, propaganda, etc.
2)将部分演出收入全部缴付守约方;All performance income belongs to the observant party.
3)罚款,罚款金额按照签约以来历年累计收入总额的300%计算,并继续履行合同;
Fine, the amount of the fine should be 300% of the total revenue of the accumulated income over the years since the signing date. Then continue fulfilling the contract.
4)终止合同,违约方应赔偿守约方人民币两万元整。
Terminate the contract. The breaching party should pay the observant party 20000 RMB.
八、纠纷解决方式EIGHT: Dispute resolution
甲乙双方之间的任何合同纠纷,双方应协商解决,协商不成的,双方同意以诉讼方式予以解决。
Any contract disputes between party A and party B shall be solved by negotiation. If negotiation fails,both parties can resolve the problem through litigation.
九、合同份数及效力 NINE:Copies and validity of contract
本合同一式两份甲乙双方各执一份。合同自甲乙双方签字后生效。本合同效力溯及至签约日。
The contract has two copies, each party keep one original. The contract will take effect immediately since both parties’ signing.
甲方:(签字)party A (the agent ): 乙方:(签字) party B:(the model)
日期: Date:
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