Your safety is our top priority. Moving forward, we are asking the following health screening questions to ensure a safe work environment. Everyone must answer these questions before they arrive at work.

Remember, if you are sick or exhibiting symptoms of COVID-19 (fever 0f 100.4% or greater, chills, cough, difficulty breathing, muscle aches, sore throat, diarrhea, recent loss of taste or smell), or if someone you live with has been lab-confirmed diagnosed with COVID-19 within the last 10 days, you must not report to work but should inform the employer of your status.

Screening Questionnaire

Date:

First name:

Last name:

What project are you working on?

Do you live in the same household with, or have you had close contact with someone who in the past 10 days was diagnosed with COVID or had a test confirming they have the virus?

Yes

No

Within the last 10 days have you been diagnosed with COVDI or had a test confirming you have the virus?

Yes

No

Have you had any one or more of these symptoms today or within the past 24hrs, which is new or not explained by a pre-existing condition?

Fever of 100.4 or greater, Chills or repeated shaking/shivering, Cough, Sore Throat, Shortness of breath, Difficulty breathing, feeling unusually weak or fatigued, loss of taste or smell. Muscle pain, headache, runny or congested nose, diarrhea.

Yes

No

Have you traveled internationally within the past 10 days? (If yes, please list where)

Yes

No

Where:

By checking yes below I attest that my answers above are accurate to the best of my knowledge.

Yes

By checking yes below I affirm I will notify (Company) if there are any changes to my answers that occur after I complete this form, and before I arrive to the work location.

Yes

The information in the questionnaire(s) or any report generated from information in the questionnaire(s) is the sole property of the Employer. Any designated person that would need to be furnished with this information to carry out their duties must return the information to the employer and may not retain the information.

This is an addendum to the television commercial production agreement (the “Agreement”) to which it is attached. If there is any conflict between the terms of this addendum and the terms of the Agreement, the terms of this addendum shall control. Capitalized terms in this Addendum shall have the meanings ascribed to them in the Agreement. The purpose of this addendum is to address Supplier’s obligations in connection with COVID-19 procedures at the production shoot specified in the Agreement (“Shoot”).

Without limitation to anything to the contrary contained in the Agreement, Supplier acknowledges that it will be utilizing individuals employed and/or engaged by Supplier to perform services at the Shoot, including, without limitation, crew and Supplier employees (collectively, “Supplier Personnel”). The health and welfare of all persons that participate in the production is of the utmost concern to Supplier, Agency and Client (collectively, the “parties”). Accordingly, this addendum confirms the understanding of the parties concerning certain steps that Supplier will undertake to safeguard the health and welfare of Supplier Personnel and other persons attending the Shoot, in view of the current Coronavirus pandemic and the COVID-19 disease it causes (collectively, “COVID-19”).

Supplier represents and warrants that (i) it is conducting the Shoot and performing its obligations in accordance with all applicable laws, rules, orders and regulations pertaining to COVID-19; (ii) it will abide by the Covid-19 Workplace Guidelines and Considerations in effect as of the first date of the shoot (as applicable to the production that is the subject hereof) which include, without limitation, guidelines related to the following functions: On-set, Stage, Studio, Facility, Office, as applicable, and those related to social distancing, hygiene and wearing of personal protective equipment, remote pre-production and production, to the extent possible (including remote casting, location scouting, and wardrobe), providing no-touch hand washing stations and/or hand sanitizer stations, providing and ensuring the use of personal protective equipment such as face masks and gloves, minimizing the sharing of equipment, and sanitizing of all production equipment and materials handled by more than one person, if any)and (iii) it will abide by all health and safety obligations it has described in its bid letter which relate to COVID-19 precautions and which are attached hereto as Exhibit A (collectively, “COVID-19 Procedures”). For the avoidance of any doubt, the COVID-19 Procedures shall at all times meet the foregoing requirements, unless otherwise agreed in writing by an executive officer of each of the parties. In addition, to the extent any individual, including Supplier Personnel, Agency and/or Client, will be attending the Shoot, Supplier shall be responsible for providing to such individual, in advance of and upon arrival at the Shoot, the questionnaire attached hereto as Exhibit B concerning each individual’s potential exposure to, and any symptoms consistent with, COVID-19 (Agency and Client shall be responsible for ensuring their personnel complete and return such health questionnaire to Supplier, and ensuring their respective personnel comply with all of the COVID- 19 Procedures). In addition, Supplier shall be responsible for taking the temperature of each individual seeking to enter the Shoot (or if applicable, office) location. No one shall be permitted to enter the Shoot location if their answer(s) to any question on the health questionnaire indicate that they may have COVID-19 or may have been exposed to COVID-19 during the 14 days prior to commencing work on the production, or if their temperature exceeds 100.4°F (38°C) at any time during the Shoot. Supplier shall be responsible for maintaining all completed health questionnaires and temperature records in a confidential file, and will not use or disclose such information, unless otherwise required by law.

Supplier warrants that it has trained or will train all Supplier Personnel on the COVID-19 Procedures and will ensure that Supplier Personnel comply with the COVID-19 Procedures. Agency warrants that Agency has trained or will train all of its own and Client personnel who may attend the Shoot on the COVID-19 Procedures and will ensure that their personnel comply with the COVID-19 Procedures. In the event that Supplier Personnel or Agency or Client personnel refuse to comply with the COVID-19 Procedures, Supplier is authorized to remove any such individual from the Shoot location or from its offices, if applicable. While Supplier will use its best efforts to enforce and ensure that Supplier Personnel comply with the COVID-19 Procedures and Agency and Client will use their best efforts to enforce and ensure that their respective personnel comply with the COVID-19 Procedures, Supplier, Agency and Client acknowledge and understand that despite compliance with the COVID-19 Procedures, such precautions may not always prevent exposure to or infection by the coronavirus.

Each party to this Agreement (i.e., Supplier, Agency and Client) shall be responsible for ensuring that all individuals participating in the Shoot who are provided by such party will use a password protected secure internet connection. Any issues arising from or related to an insecure internet connection will be the responsibility of the party whose internet connection created such issue. Supplier shall not be responsible for any damages/costs/delays arising from a cyber breach or incident; provided that Supplier has implemented reasonable administrative, technical and physical safeguards designed to prevent a cyber breach or incident. Additionally, and for the avoidance of doubt, Supplier shall not be responsible for transmission failure; provided that Supplier takes reasonable precautions (e.g., redundant transmission such as internet and cellular or satellite) designed to prevent and/or remedy the transmission failure.

Each party will defend, indemnify and hold the other parties harmless from and against Damages arising from (i) the willful breach of COVID-19 Procedures at the Shoot by such party, or (ii) such party’s failure to materially adhere to the COVID-19 Procedures. Supplier shall not be liable to Agency or Client for any Damages arising from exceptions or modifications to the COVID-19 Procedures that Agency has directed Supplier in writing by an executive officer of Agency to follow and Supplier informed Agency that Agency’s request constituted an exception or modification to the COVID-19 Procedures.

Supplier acknowledges that coverage for COVID-19-related claims is not available under the wrap insurance program described in the Agreement hereto and neither Agency nor Client is providing indemnification to Supplier therefor.

Each party represents and warrants that it has the full power and authority to enter into this addendum and to perform the obligations set forth herein.

Agreed to by:

Supplier:

Date:

Agency, on its own behalf and on behalf of Client By:

Date:

The undersigned parties agree to the following terms:

1. In addition to the Representations, Warranties, and Covenants set forth in Section 10 of the Agreement, Producer further represents, warrants, and covenants:

a. Producer shall comply with: (i) the COVID safety guidelines attached hereto as Exhibit A and expressly incorporated herein by reference (collectively, the “Production Safety Guidelines”); as applicable to the production that is the subject hereof; (iii) any other applicable filming/production guidelines issued by state, county, or municipal film offices, or applicable governmental orders, guidelines or directives relating to health, safety, and travel in place at the time of the production of the Film(s), using reasonable commercial diligence to remain aware of ever changing COVID-19 safety guidelines, including without limitation, the latest version of the local county’s COVID-19 production safety guidelines (the “Guidelines”) all as applicable to the production that is the subject hereof; and (iv) and applicable union guidelines (collectively, “Safety Guidelines”).

b. The Safety Guidelines shall be made available to all individuals on the set, subject to Agency providing Agency and Client personnel email contact information to Producer (provided, however that if Agency does not so provide such personnel’s contact information, Agency shall provide the Safety Guidelines to Agency and Client personnel).

c. Producer shall coordinate COVID safety arrangements for the production of the Film(s), including working with the local authorities as necessary, and agrees to provide details of same to Agency. Producer shall designate a point of contact to work with Agency on any issues relating to COVID safety of the production of the Film(s), and subject to all applicable laws, Producer shall immediately notify Agency, and Agency shall notify Producer, if the applicable party becomes aware of any suspected or confirmed COVID-19 infections, or any regulatory inquiry, investigation, or citation relating to or arising from COVID-19 during production of the Film(s).

d. For the avoidance of doubt and in accordance with the Safety Guidelines (but without limiting the generality of such guidelines), Producer will assign to at least one crew member the responsibility to maintain compliance with the Safety Guidelines.

e. Nothing herein shall waive, limit or relieve any obligation of Producer to comply with any additional obligations imposed by law, including statute, regulation and common law, concerning COVID or other obligations to ensure the safety of any person in connection with this Agreement.

Capitalized terms used in this addendum shall have the meaning set forth in the Agreement agreed to by the undersigned parties.

Except as expressly modified and superseded by this addendum, the terms and provisions of the Agreement are confirmed and shall continue in full force and effect.

PRODUCER [ ]

Name:

Signed by:

Date:

[ ] as agent for Client

Name:

Signed by:

Date:

Agency acknowledges it has received Producer’s COVID Safety Guidelines and agrees to cooperate with Producer in connection with efforts to enforce the Safety Protocols.

[ ] on behalf of itself

Name:

Signed by:

If a cancellation or postponement should occur as a result of government-related restrictions or recommendations regarding Covid-19, or if Photographer becomes unavailable for any reason related to Covid-19 such as contact with an infected person, making it commercially impracticable for Photographer to perform the Services (each a “Covid-19 Event”), such cancellation or postponement shall be treated as a Force Majeure Event. Additionally, Client and/or Company shall reimburse Agency in full with regard to all out-of-pocket costs or expenses arising out of or relating to a Covid-19 Event, including, but not limited to, costs of additional hotel rooms, possible additional wages, additional transportation costs (but not health insurance related costs), etc. to the extent not covered by applicable insurance. Client and Agency agree to make best efforts to relocate and/or reschedule the Shoot due to a Covid-19 Event and Agency shall provide Client with an estimate of all additional costs to be incurred as a result of such rescheduling or relocation. If the parties cannot agree to a new Shoot date after commercially reasonable efforts, the Total Fees and Costs plus any additionally incurred expenses shall remain due and payable in full. For the avoidance of doubt, the agreed new production date can be scheduled anytime within the following 3 month period from the original Shoot date.

Sick Day

All crew will sign a waiver and good health representation. If any crew member calls in sick, becomes sick during a production or shoot day, or claims to feel unsafe on set, that crew member will be paid their full day/s rate, billable to the client as an overage. Any talent that call in sick or arrive with a temp will be paid half rate.

COVID-19 Protocols

1. All persons participating in the Activities, upon entering the studio, will have their temperature taken via touch less thermometer. Anyone with a temperature above 99.5 F will be tested again. If temperature reads below 100.4, they will be admitted.

2. Face masks must be worn at all times, with the exception of talent when in H+MU and while shooting, and during meals for all talent and crew.

3. The following personal protective equipment will be provided for all talent and crew:

Face masks

Gloves

Hand Sanitizer

Antibacterial Wipes

4. Social distancing practices must be adhered to. All talent and crew must maintain at least six (6) feet of distance between each other to the extent practicable.

5. Wash your hands frequently during the Activities, including without limitation after touching frequently touched areas and objects, using warm water and soap for at least twenty (20) seconds.

6. Avoid touching your eyes, nose, and mouth.

7. Clean and disinfect frequently touched areas and objects.

8. Breakfast and lunch will be served individually wrapped packages.

ASSUMPTION OF THE RISK WAIVER – COVID-19

In consideration of my participation in a photoshoot with [ ] , Inc. (the “Company”) on xx date (the “Activities”), I, the undersigned, acknowledge and agree to the following.

 I am aware of the of the contagious nature of COVID-19 and the risk of participating in the Activities, which may cause injury or illness such as, but not limited to, COVID-19, as well as disability and/or death

I confirm that in the last ten (10) days, I have not, nor have any member(s) of my household:

Experienced symptoms of fever or chills, fatigue, difficulty in breathing, shortness of breath, muscle or body aches, headaches, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, or dry cough or exhibited any other symptoms of or relating to COVID-19 or any communicable disease,

Been exposed to someone with a suspected and/or confirmed case of COVID-19, and

Had a suspected and/or confirmed case of COVID-19.

I will follow all CDC, federal, state, and local laws, orders, directives, recommendations and guidelines while participating in the Activities, including without limitation requirements related to hand sanitation, physical distancing and personal protective equipment measures, regardless of whether such updated guidelines are given to me by Company.

Following the pronouncements above, I hereby declare the following:

I am fully and personally responsible for my own safety and actions during my participation in the Activities, including adhering the guidelines set forth herein, and I recognize that I may be at risk of contracting COVID-19. In so doing, I knowingly and voluntarily accept, and assume responsibility for, each of these risks and dangers and all other risks and dangers that could arise out of, or occur during, my participation in the Activities.

With full knowledge of the risks involved, I hereby release, waive and discharge Company and Photographer, its board, members, officers, affiliates, employees, representatives, agents, successors and assigns (the “Releasees”) from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death arising out of or related to COVID-19 that may be sustained by me while participating in the Activities, whether caused by the actions, omissions or negligence of the Company or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee(s), and forever release and discharge the Company and all other Releasees from liability under such claims.

 I expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

By checking this box and signing below, I acknowledge that I have read and understand the foregoing COVID-19 Release and agree to its contents and that I am voluntarily participating in the Activities with knowledge of the risks involved.

Signature

Print Name

Email

Date

Phone Number