KINK STUDIOS/KINK LIVE WEBCAM PERFORMER/STUDIO AGREEMENT

THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY.

 

This Agreement is made between Cybernet Entertainment LLC (hereafter “Producer”) and independent contractor/Studio (hereafter “Performer”) on the date electronically affirmed by Performer.  The terms are as follows

 

  1. Term.  This Agreement will become effective on today’s date and will continue until terminated by mutual agreement.
  2. Independent Contractor Status.  It is the express intention of the parties that Performer is an independent contractor or legal Studio and not an employee, agent, joint venturer or partner of Producer.  Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Producer and Performer.  Both parties acknowledge that Performer is not an employee for state or federal tax purposes or for the tax purposes of the country in which Performer performs.  Performer shall unequivocally retain the right to perform services for others during the term of this Agreement.  
  3. Services To Be Performed.  Performer is to provide webcam performances for Producer. Performer will determine their schedule and the methods, details, and means of performing their unique services. Producer shall have no right to, and shall not control the manner or determine the method of accomplishing Performer’s services.  Producer will not provide supervision of Performer’s work.
  4. Kink Studios. Kink Studios is the Producer’s virtual webcam Studio (hereafter “Studio”)
  5. Expenses.  Performer shall be responsible for all costs and expenses incident to the performance of services for Producer.  Performer is responsible for all payments to their talent agent, if that agency relationship exists.  Performer is free to employ assistants and make-up artists provided Performer ensures that such individual(s) do not appear at any time or in any way in any of Performer’s performances unless said individual are approved to cam on KinkLive.com. Performer is responsible for all payments to those individuals for non-performer services.  
  6. Readiness to Work and Supplies.  Performer must be ready and able to complete the entire Agreement. Performer will supply all clothing, make-up, accessories, tools, equipment, and instrumentalities required to perform the services under this Agreement.
  7. Performance Rules.  Performer understands and agrees that Studio will be utilizing Flirt4Free webcam technology and platform to broadcast Performer’s webcam shows, as such Performer agrees  to allow Kink Studios to set up a Flirt4Free model account on behalf of the Performer. Performer agrees to be bound by Flirt4Free’s Terms and Conditions, as related to the Flirt4Free Model Agreement,  Code of Conduct and Terms and Conditions. In no way or manner will this Agreement override the Flirt4Free Model Agreement, Code of Conduct and or Terms and Conditions.
    1. In addition to the Flirt4Free Code of Conduct and Terms and Conditions, Performer agrees to the following Performance Rules. Performer understands and agrees to all the following: Performer agrees that he or she will not engage in any of the following acts, whether actual or simulated, during any of his or her performances:
      1. Any acts in which Performer and / or any member present themselves as and / or pretends to be under the age of 18.
      2. Any acts involving beastiality or actual animals.
      3. Any acts involving the use of alcohol or mind-altering drugs (whether prescription or illegal).
      4. Any acts involving blood, vomiting, defecation, urination and or fisting
      5. Any acts involving cutting or piercing of the skin.
      6. No acts involving a rope, belt or any other form of constriction around your neck. An exception will be made for collars, which are permissible provided they remain loose (i.e. do not restrict your blood flow or breathing), are easily removed, and are not attached to any other object such that they could constrict your blood flow or breathing.
      7. For solo performances, any acts involving any form of bondage or restraint from which Performer cannot easily release him or herself. For non-solo performances, any acts involving any form of bondage or restraint in which a rope, belt or any other form of constriction is placed around the neck or necks of the bound party or parties in such a way that said constriction threatens or could threaten the blood flow or breathing of the bound party or parties. ix. Any form of simulated hanging or erotic or auto-erotic asphyxiation (commonly known as “breathplay”).
      8. Any act which places Performer, any member, or any other individual at any risk beyond those inherent in performing acts involving safe, sane and consensual BDSM play.
  8. Waivers.  Performer understands and agrees that:
    1. The performances and / or the audio portions of the performances will be utilized in conjunction with sexually graphic or explicit material.
    2. Performer shall have no right to inspect or approve the finished products, or their use.
    3. Performer releases Producer, its employees and assigns from any liability for and by virtue of blurring, distortion, alteration, retouching, optical illusion, or use of the performances and / or the audio portions of the performances which may hold Performer in a false or unfavorable light, whether such action is intentional or otherwise.
    4. Performer, his or her heirs, executives and administrators waive, release, discharge, and covenants not to sue Producer, its officers, directors or employees from or for any and all liability resulting in injury, illness or loss of life to Performer, whether due to the negligence, fault, or intentional acts of Producer, its officers, directors or employees, another performer, model or actor, member, or other persons.  
    5. Performer waives his or her insurer’s right to make a claim against Producer, its officers, directors and employees, based on payments made to Performer, for any reason.  This means Performer’s insurer(s) has / have no right of subrogation.
    6. Performer releases Producer and its employer, employees, agents, attorneys and assigns from any and all claims arising out of this Agreement or the use of the performances and / or the audio portions of the performances including, without limitation, publicity claims, invasion of privacy claims, defamation claims, sexual harassment claims, injuries (both physical and emotional), negligence, intellectual property, claims relating to disease or illness (including sexually transmitted diseases), pregnancy, and all other such claims.
    7. Performer hereby specifically acknowledges that certain records containing personal identification information may be transmitted to the federal government or subsequent purchasers or licensees of the content produced pursuant to this Agreement.  Such information may include, but not be limited to, the information provided by the Performer through this online application, the scans or photographs of the Performer’s government-issued photographic identification, and / or the information contained in this Agreement.  Performer hereby releases and holds Producer, and his agents, successors, and assigns, harmless from any and all claims associated with, or arising from, the transfer or dissemination of the information referenced in this paragraph, to third parties.
    8. Performer further acknowledges that his or her performances may involve the receipt of, or infliction of, physical pain in the form of beating, whipping, slapping, hitting, or other forms of consensual physical contact that may leave welts, bruises, sores, cuts, or other physical evidence.  The performance may also involve use of restraints, dominance, submission, humiliation, degradation, power play, and related physical and / or psychological activities.  Performer hereby consents to such physical and / or psychological contact and activities, and irretrievably releases Producer, and Producer’s agents, principals, successors and assigns, from any and all liability, responsibility, debts, claims or causes of action, arising in any way from such physical and / or psychological contact, restraints, or activities.
  9. Other Documents and Acts.  Performer affirms and agrees that:
    1. Performer does not suffer from any severe mental or physical impairment(s).
    2. Performer does not suffer from any mental or physical impairment(s) that would unreasonably prevent Performer from conducting his or her performances.
    3. Performer does not suffer from any mental or physical impairment(s) that would prevent Performer from understanding the nature of this Agreement or the terms thereof.
    4. Performer reads, writes and understands the language of this Agreement.
    5. Performer executes and agrees to the terms of this Agreement voluntarily, free of any duress or coercion, and is not under the inducement of any promise(s) not set forth in this Agreement.
    6. Performer executes and agrees to the terms of this Agreement free of the influence of any mind-altering drug(s) (whether prescription or illegal), alcohol, or other mind-altering substance(s).  
    7. Performer understands and agrees that his or her performances are adult-oriented entertainment.
    8. Performer agrees to only engage in performance activities that are legal in the country, province, or state he or she performs in.  
    9. Each party hereto agrees to execute (with acknowledgement where necessary) and deliver all documents and instruments and to perform such further acts as may be necessary to carry out the agreements set forth herein including but not limited to those mandated by 18 U.S.C. §§ 2257 and 2257A and implementing regulations, as they may be amended from time to time.
    10. Performer represents and warrants that he or she is over the age of 18, have read the foregoing, and fully understand the meaning and effect thereof, and are fully authorized to execute this Agreement and fully intend to be legally bound.
  10. Attorney’s Fees.  In the event of any arbitration or litigation permitted under this Agreement, the prevailing party shall be entitled to an award of attorneys’ fees, including attorneys’ fees on appeal or in any enforcement action.
  11. Integration.  This document constitutes the entire understanding and Agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.  The parties agree to the provisions of any and all Addendum to Agreement, which shall be incorporated for all purposes.
  12. Jurisdiction and Venue.  This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.  Performer agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of San Francisco.

Performer agrees to webcam on KinkLive.com, hosted by Flirt4Free, as part of Kink Studios, the Producer’s virtual webcam Studio. Performer agrees to provide Payment Preference information to Kink Studios and to be paid by Kink Studios by the method indicated. Performer agrees that Performer will receive 30% of Performer sales on KinkLive.com/Flirt4Free.  Performer is eligible to participate in the KinkLive/Flirt4Free Affiliate Program and agrees that Performer will earn 20% of Affiliate commissions under the KinkLive/Affiliate Program.

Performer agrees that any breach of this Agreement shall result in permanent termination of Performer account and withholding of payment.