W I T N E S S T H:

 In consideration of the mutual covenants herein contained, the parties hereby agree as follows:

 ¤1. Engagement. EMPLOYER hereby engages PERFORMER to act, play, perform and take part in video productions, rehearsals, acts, parts, scenes, roles and plays as directed by EMPLOYER at such times and locations as EMPLOYER may from time to time designate. PERFORMER hereby accepts the said engagement and agrees to devote complete time and attention and use best talents and abilities in enacting and portraying such characters and representations in such productions as EMPLOYER may direct, for EMPLOYER, during the term hereof.

 ¤2. Performer's Status. PERFORMER's status is that of an independent contractor and no partnership, joint venture, employment or other relationship is intended or created.

 ¤3. Duration. This Agreement shall commence upon the date first written above and shall continue for the following dates: _______________________ .

 ¤4. Compensation. EMPLOYER agrees to pay PERFORMER, and PERFORMER agrees to accept in full payment (excluding applicable travel expenses) for services to be rendered as aforesaid, at the rate of _________DOLLARS and CENTS ($___________) per ________________.

 ¤5. Travel Expenses. EMPLOYER agrees to reimburse PERFORMER for travel to and from PERFORMER's residence and the production location at the rate of twenty-one cents (21¢) per mile.

 ¤6. Right to Name and Likeness. PERFORMER hereby grants to EMPLOYER the right to use PERFORMER's name and likeness in connection with EMPLOYER's trade names, trademarks, training programs, advertising and any other commercial or business purpose.

 ¤7. Force Majeure. If EMPLOYER is prevented from making the production by any cause beyond EMPLOYER's reasonable control, the engagement shall be suspended during such interruption. If the said suspension shall continue for more than two weeks, PERFORMER may give written notice to EMPLOYER terminating this Agreement, and EMPLOYER shall, upon receipt of such notice, pay PERFORMER the compensation and travel expenses then due. The parties hereto shall thereafter be released from continued engagement under this Agreement.

 ¤8. Confidentiality. PERFORMER agrees not to use or disclose or make available to anyone for use outside EMPLOYER, either during the term of this Agreement or for one year subsequent to the expiration of this Agreement, for any reason, any trade secret or proprietary information, including but not limited to training procedures, employee procedures, product processes, ingredients and formulation, business strategies, overall restaurant operations and any related data and information (collectively called "Confidential Information"). PERFORMER further agrees that upon expiration of this Agreement that PERFORMER shall promptly deliver to EMPLOYER all scripts, props, uniforms, costumes, documents, data or material belonging to or concerning EMPLOYER or relating to EMPLOYER's affairs and, without limiting the foregoing will promptly deliver all documents and materials (including uniforms and costumes provided by EMPLOYER) containing or constituting Confidential Information. It is hereby mutually understood and agreed that EMPLOYER has no adequate remedy at law for PERFORMER's unauthorized use or disclosure of Confidential Information and that EMPLOYER shall be entitled to equitable relief by way of injunction or otherwise without further proof of irreparable harm for any actual or threatened violation of this ¤8 by PERFORMER.

 ¤9 RELEASE. PERFORMER RELEASES AND FOREVER DISCHARGES EMPLOYER OF AND FROM ALL ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, AND ANY AND ALL CLAIMS, DEMANDS AND LIABILITIES WHICH PERFORMER AND PERFORMER's HEIRS, ADMINISTRATORS AND EXECUTORS MAY HAVE AGAINST EMPLOYER OR ITS SUCCESSORS AND ASSIGNS BY REASON OF ANY INJURY SUFFERED IN CONNECTION WITH THE PERFORMANCE OF PERFORMER'S OBLIGATIONS UNDER THIS AGREEMENT.

 ¤10. Notices. Any notice or communication required or permitted hereunder shall be sufficiently given if sent first class mail, postage prepaid:

 To EMPLOYER at EMPLOYER ADDRESS;

To PERFORMER at the address listed in this Agreement.

¤11. Complete Agreement. This is the complete and final agreement between EMPLOYER and PERFORMER. This Agreement supersedes all prior written or oral representations or agreements concerning its subject matter.

IN WITNESS WHEREOF, PERFORMER has hereunder signed this Agreement and EMPLOYER has caused this Agreement to be signed by its duly authorized officer, and its corporate seal to be hereunder affixed.

This form has not been verified for compliance with the law of any particular state. Pickup and use of this form from the Nicolai Law Group, P.C.. web site does not make you a client of Nicolai Law Group, P.C. Nicolai Law Group does not promise or represent to you that this form will be legal or binding or make the agreement you expect or desire. This form is for illustrative purposes only.