JORDAN LEIBERT

As submitted by Complaintant:

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AFFIDAVIT

In RE

Criminal Grand Theft by Fraud Charges under California Penal Code, Section 484-502.9

against

JORDAN LEIBERT a/k/a Lee Ann Jordan Leibert, Lee Ann J. Leibert, Lee Ann Leibert

            COMES NOW, UNDER PENALTY OF PERJURY, ___________________________an individual, hereinafter referred to as the Victim, to swear and affirm allegations of state and federal criminal fraud against the above named individual.

The following statements are true and correct as to the best recollections of the Victim.

OVERVIEW

RE:  “The Ultimate Game”

On Sunday May 6, 2012 the Victim was paid $250.00 (two hundred fifty dollars) in cash by the Accused at the residence of Paula Kay at 21015 Tomlee Avenue, Torrance CA 90503; the address at which the Accused was renting a room.

The Accused told the Victim the $250.00 (two hundred fifty dollars) cash represented half the total income the Accused would be paid for the work for this job, and that the work the Victim was being asked to do would consist of assisting the Accused with the script breakdown and scheduling portions of a motion picture called “The Ultimate Game.” Simultaneously, the Accused stated she would be keeping the other half of the payment for working on the budgeting and cash-flow portions of the job.

The Accused told the Victim that both be sharing half the work, and half of the total profits, and effectively splitting the responsibilities and income. 

The Accused told The Victim that the total value of the entire job was $1,000.00 (one thousand dollars) and that half of the income was to be paid up front, to both of us, and that the balance of the money owed would be paid upon completion and delivery of the work to the Client, writer/producer, Kevin Bakko. The Accused stated she had previously met in person with this individual and collected $500.00 (five hundred dollars) in cash; the first portion of these income presently split between the Accused and the Victim. 

The Victim returned to his Oregon residence on Tuesday May 8, 2012 and began working on the script breakdown and scheduling the following day.  Upon the Victim starting the job, the Victim had many technical and logistical questions that the Accused could not answer and could only be answered by the Client, as the Client was the writer of the screenplay and it was his creative and logistical preferences which needed to be respected. 

The Accused firmly demanded “out of respect for the client” that the Victim not contact the Client whatsoever as a professional courtesy. The Accused stated the Client was “long winded” and “did not want me to have to put up with Kevin’s long phone calls.”

The Accused firmly requested from the Victim that any communication – including but not limited to script breakdown and/or scheduling questions the Victim had for the Client concerning “The Ultimate Game” – be emailed and addressed only to the Accused, and that the Accused would forward said questions, and relay any subsequent answers from the Client back to the Victim. 

Henceforth, the Client had no prior knowledge that such questions were originating directly from the Victim, as these questions were made to seem as if they were coming directly from the Accused, because the Accused was effectively trying to, deliberately and deceptively, conceal the Victim’s involvement in this work. 

When such questions were answered, the Accused forwarded the Victim the Client’s responses by email, who directly acknowledged the Accused and not the Victim. 

These emails contained both the documentation of the forward of the Client’s answers to the Accused, and the electronic timestamp in which this email correspondence was originally initiated between the Client and the Accused.  These forwarded emails further document the electronic timestamp when it was sent directly to the Victim by the Accused, all without the Client’s prior knowledge. 

Upon completion and delivery of the work, the Victim was then immediately told by the Accused that the Client arbitrarily elected to re-write and/or edit his screenplay removing select scenes at the last minute, and that we needed to immediately make scheduling and budgeting changes. The Accused told the Victim that these changes would be “very minor” and we would not be paid to perform this additional work; that “we should do it as a courtesy, because Kevin was very honest and up front about paying us.” 

While the Accused stated to the Victim that such scheduling changes would be “very minor,” the reality was that these scheduling changes were anything but minor on account of new scene numbers provided, and a request from the Client for a complete re-structuring and re-scheduling of the schedule, from the work which was previously completed. These changes required a tremendous amount of work for which the Victim acquiesced that would he would not be paid for completing, but did complete nonetheless. 

Throughout the process of this work, The Accused additionally requested consultation, and a thorough review from the Victim on the Accused’s own work concerning the budgeting.   There is electronic documentation which demonstrates the Victim’s notes concerning the Accused’s budgeting work, sent to the Accused via email.  

Since completion of this work, Victim has waited 8 (eight) weeks for remittance of payment, as of signing of this Affidavit, with no action being taken on the part of the Accused to pay the Victim.   

The Victim contacted the Accused multiple times to pursue such payment via the Accused’s email, phone via text message, and by telephone call and/or voice mail message.   As a result of these efforts, the Accused always promised prompt remittance concerning the balance of the payment and that it “was in the mail,” however, no payment has ever been received, nor was any sort of tracking number demonstrated by the Accused to the Victim to document that it was ever sent, and/or lost via shipping and payment re-issued. 

Because the Accused had demonstrated a pattern concerning excuses and lack of payment towards the Victim, and because the Victim had the Client’s contact information from the Accused’s previous emails with the Client, the Victim elected to call the Client to discuss the matter on Monday July 30, 2012. 

During this phone call, the Victim introduced himself and proceeded to tell the Client as to how he came to this project, and how the Accused did not compensate the Victim for his work concerning the script breakdown and scheduling on his “The Ultimate Game” screenplay.  

During this call the Victim told the Client that he could document and prove that all of the Client’s notes to the Accused, concerning any script breakdown preferences and/or revisions were all passed through the Accused, and then to the Victim, and that it was really the Victim, not the Accused, who was actually physically performing the work he had previously paid the Accused to perform.    

During this phone call, the Client told the Victim that he had no prior knowledge that there was any other party involved performing the work which he was compensating the Accused to complete. 

At this time, on this specific phone call, when specifics of what the total value of the job was revealed, the Client told the Victim he had already compensated the Accused $4,410.00 (four thousand four hundred ten dollars) for the script breakdown, scheduling and budgeting work, as well as a legal review.

This effectively meant that the Accused had lied to the Victim as to what the total value of the job was, and the subsequent dollar amount which was to be split between the Victim and the Accused.     

Based upon a total value of the job at $4,410.00 (four thousand four hundred ten dollars) which the Client acknowledged compensating the Accused for the work performed – less $1,000.00 (one thousand dollars) for the legal review – half of the value of this job, when split two ways, which the Accused should have fully compensated the Victim, was $2,205.00 (two thousand two hundred five dollars) of which to date only $250.00 (two hundred fifty dollars) had been paid to the Victim, leaving a balance due of $1,705.00 (one thousand seven hundred five dollars).

$1,705.00 (one thousand seven hundred five dollars) therefore would represent the full amount the Victim should have been paid, in order to truly earn half of what the Client paid to the Accused, of which the Victim was told originally that the final balance due would only be $250.00 (two hundred fifty dollars) upon its completion, which incidentally, was not paid either.

The Accused, has therefore, maliciously and intentionally lied to the Victim about the total value of the script breakdown, scheduling and budgeting work, which was promised to be split between the Victim and the Accused, and to date, the Accused has not remitted any payment beyond the original $250.00 (two hundred fifty dollars) cash paid at the beginning of this job.

It is the Victim’s statement that the Accused has committed Theft of Service via Fraud in the amount of $1,455.00 (one thousand four hundred fifty five dollars); a felony under the California Penal Code.

RE:  “Circles In The Field”

On Sunday April 8, 2012 at an Easter Sunday gathering with “friends,” at the residence of Paula Kay at 21015 Tomlee Avenue, Torrance CA 90503, where the Accused was renting a room, the Victim was introduced by the Accused to Daniel Buonsanto.   The Accused told the Victim that Daniel Buonsanto was attached as the writer/director to another feature film the Accused was involved in as a Line Producer, called “Circles In The Field.”

The Accused later told the Victim that her intentions were for the Victim to back her up as her Unit Production Manager on this project and to possibly be ready to take over her position as the Line Producer, as the Accused told the Victim that she had terminal cancer and was uncertain as to whether she would be alive and/or able to perform any work by the time principal photography commenced on “Circles In The Field.”

For 10 (ten) weeks following, the Victim participated in, and at the direct request of the Accused, for the Victim to make himself available, and to perform research work concerning budgeting, scheduling, casting, location scouting/travel, stage, visual effects, and logistical issues relevant to “Circles In The Field,” and required the Victim’s participation in multiple individual, and/or conference phone calls concerning “Circles In The Field” which often involved Producer Joe Rosario or Writer/Director Daniel Buonsanto. 

The Accused told the Victim many times throughout those ten weeks that she wanted the Victim to work on “Circles In The Field” with her, as well as communicating that identical notion to Joe Rosario and Daniel Buonsanto both in individual communication and on conference calls. 

The Accused, knowing that the Victim was having financial difficulties, told the Victim she would make sure the he was able to get $10,000.00 (ten thousand dollars) as a retainer in compensation for the work already performed by the Victim during this ten week timeframe on “Circles In The Field” for his present availability and research, and that a formal contract which would provide a guarantee of employment on this project with Producer Joe Rosario would be issued.  This never happened although the Accused told the Victim that $1,000.00 (one thousand dollars) per week was “very little” and a “reasonable request” for the time the Victim had spent this far. 

Throughout these ten weeks the Accused made many statements to the Victim directly, or within various conference calls with Writer/Director Daniel Buonsanto and/or Producer Joe Rosario, which have either not proven to be true at all; or likely were never true to begin with; Namely the Accused:

(1)   Had access to, and had already secured actors Matthew McConaughey and Sandra Bullock for “Circles In The Field.”

(2)    Told the Victim, Joe Rosario and Daniel Buonsanto that casting director Victoria  Burrows was already working casting “Circles In The Field” and was a hired employee on the project. 

(3)   That there was $60,000,000 (sixty million dollars) in an escrow account, specifically to complete “Circles In The Field.”

(4)   That the Accused had access and a professional working relationship with Jerry Bruckheimer who was happy to work as an executive producer for “Circles In The Field” and that Mr. Bruckheimer and his production company was both interested and already attached. 

(5)  That actor Matthew McConaughey, or “Matty,” as the Accused affectionately referred to him, has the Accused baby-sit his children whenever he’s in Los Angeles, California. 

(6)  That actor Matthew McConaughey called the Accused, having a long detailed conversation while he was allegedly intoxicated and claiming to be on his honeymoon, and out of the country.

(7) That there was already studio distribution attached, and in place, for “Circles In The Field.”

(8)  That the Accused was a former Olympic athlete.

(9)  That the Accused reads the Torah. 

(10)  That the Accused was awarded a specific type of a very renowned Humanitarian award as a Catholic, which is generally only awarded to Humanitarian Jews. 

(11)  That the landlord (Paula Kay) at her former 21015 Tomlee Avenue, Torrance CA 90503 address had pushed the Accused down a flight of stairs, punched her multiple times, and was verbally abusive towards her on multiple occasions. 

These 11 (eleven) examples are amongst the most prolific of only some of the illogical and preposterous claims the Accused made to the Victim.  The Accused also made many phone calls of a personal nature to the Victim, often 3-5 times per day, all seeming and appearing very maternal, caring and compassionate in their tonality, in effort to gain the Victim’s trust and sympathy; discussing things such as the Victim’s financial troubles, previous projects, gaining access into the Directors Guild Of America, the Victim’s fiancé, how happy the Accused felt that the Victim was her friend and how the Accused was going through weekly treatments for her cancer oftentimes claiming she was vomiting blood in excess of 20 (twenty) times per day and relaying the details of hospitalization and blood transfusions.  The Accused called the Victim literally in tears crying on some occasions demonstrating considerable emotional and psychological instability, while requesting “friendly advice.” 

It is the Victim’s statement that the Accused should compensate the Victim $10,000.00 (ten thousand dollars) as promised, for the ten weeks which the Victim both worked, and made himself available for the development phase of “Circles In The Field.” 

SUMMARY

The Victim here was clearly lied to, manipulated and exploited by the Accused whereas the Accused befriended him only to take advantage of his professional talents and not pay him for his work.  The Accused approached the Victim on both on a professional and personal level, under the guise of acting as his friend, solely to manipulate and solidify her own position with others she was trying to manipulate and exploit for her own gain, and take advantage of.

Most importantly, the Victim performed work which he was told he would be compensated for by the Accused, and was not. 

The Accused is a con artist, a scammer, and a fraud.  The Accused has lied about both her professional experience and professional associations and her business contacts and allegiances, merely to take advantage of others and promise pipe dreams to those willing to believe her lies, as opposed to fostering the business of credible, professional motion picture production. 

The evidence and testimony herein, all goes to support that the Accused promoted a multiplicity of inconsistencies and lies to the Victim, Kevin Bakko, Joe Rosario and Daniel Buonsanto in effort to swindle these Victims for her own financial and emotional gain while using the primary Victim herein, Michael Aaron Silberman, as her pawn in her plot against all named for her own emotional sanctity and financial gain. 

The Accused fraudulently did not pay the Victim, as Agreed, a total of $11,455.00 (eleven thousand nine hundred fifty five dollars.)

“The Ultimate Game”                         $1,455.00                    Script Breakdown/Scheduling

“Circles In The Field”                         $10,000.00                  Development Work

                                                                                                Consultation Work

                                                                                                Location And Travel Research

CHARGES SOUGHT

The Victim seeks to have the Accused charged with two counts of criminal theft by fraud under the State of California Penal Code, Section 484-502.9 and prosecuted to the fullest extent of the law.

Respectfully submitted this ___ day of August, 2012

Punch TV Network

[editor's note] The complaints about Punch TV Network have been archived but taken offline only for the reason that the following link is available:

Ripoff Report: PUNCH TELEVISION NETWORK

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August 7, 2012

Hollywood Crew Blacklist,

I am Joseph Collins CEO of Punch TV Network. I feel that we are being unfairly targeted by your blog.  I am respectfully asking you to remove this and all references to Punch TV Network from your blog postings.

I feel this these statements are very liable, slanderous and injurious to our company.  I am asking you to remove this blog. We have been a very fair company, and we have faced the economic pinch of this economy just like any other business in the US.  If there is someone who feels that we owe them anything, they can contact me directly and we will settle any outstanding issues. My number is ---------.

This has become liable. I have retained an attorney to deal with these issues.  But I am personally writing you to ask you to remove this blog, because I am sure that you are probably not aware of the seriousness of this matter and that you would want to avoid any future headaches.

I am asking you to remove this blog.

I await your decision on this matter, as I hope that this can be resolved quickly and expediently, without having to move the next step. It is my hope and sincere desire that respond by removing this blog.

I humbly and respectfully write,

Joseph Collins

CEO Punch TV Network

Sean Peden A.K.A. Sean Cook, REEL Entertainment

Hi:

I worked on a film called: The Hustle Life, last month on 7/14/12.  I was one of several actors hired that day to work on this shady and unorganized project.  I was hired by Sean Peden A.K.A. Sean Cook of REEL Entertainment.  I am a big supporter of Indie projects but this one turned out to be no good!  All of us actors were told that a payment of $100 would be sent by the first of August...and nothing ever came.  I emailed, called and texted Sean Peden/Cook and he either ignored me or when I did get a hold of him, he would say the check is coming or can be deposited into my account...did that happen?  NO.  Sean Peden/Cook is a liar and preys on young talent to get free footage for his bootleg unoriginal "movie."

Please DO NOT work for him, he is dishonest and untrustworthy!!!!

Jack Schuster

Hi,
I have worked last year with the producer Jack Schuster. I was in charge of building the sets for this movie he was working on and... about a year later he still owes us money and even though he has promised many times "the check is in the mail" or "I'll drop it off to your office at 2pm today", he never showed up and still owes over $10k.
Not even our collection agency can get $ out of him... but he sure drives a nice car!

Fabio

Inny Clemens

To Whom It May Concern:
Watch out for Producer Inny Clemens, I worked on his low budget feature called "Forgiveness" two years ago. I and the rest of the g&e crew have still have not been paid for the last day of shooting. I have heard he is still making films, make sure you get your check in advance, this guy will only pay as long as he needs you to show up to work.


Thanks.
-Vanessa

Bigfoot Entertainment

Bigfoot Entertainment often posts online for full-time positions in Cebu, Philippines. Be aware that their contract makes certain bizarre demands. Here is their contract. See section 6 and 10-2 about them holding your passport hostage, and deducting your wages for what Bigfoot deems infractions.

Here's a copy of the most interesting parts of the contract they make you sign. Part 6 is about the passport. The most interesting parts are in bold.

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Bigfoot You
STANDARD TERMS AND CONDITIONS OF SERVICE AS CONSULTANT
1. TERM. Bigfoot Entertainment (BVI) Ltd. (╲Bigfoot╡) hereby engages You and You
accept such engagement subject to the terms and conditions of this agreement (╲Agreement╡).
This agreement may be terminated by Bigfoot at any time in the event of (a) Your failure to perform the services for any reason, (b) Your incapacity or inability to perform the services hereunder, (c) material breach of this Agreement, (d) intentional wrongdoing, malfeasance, fraud, embezzlement, misappropriation, gross negligence, commission of a crime, or the like ("for cause"), and for any reason other than
╲for cause╡. The term may be extended by mutual agreement of the parties. In addition to any other remedies available under law or equity, if You terminate prior to the end of the term, you shall be required to reimburse Bigfoot for the prorated cost of any pre-paid, roundtrip airline ticket and bonus/relocation fees set forth on the 1st page of this Agreement. For purposes of this Agreement, "Affiliate" means any entity controlled by or under common control as Bigfoot, or any entity owned or controlled by the majority member or shareholder of Bigfoot.
2. SERVICES AND DEDICATION. You shall be fully dedicated to Bigfoot and as such
You shall not engage in any other employment, side jobs, ╲moonlighting,╡ or any other business without disclosing to Bigfoot. Further, You must not assist any person or organization in competing with Bigfoot or its affiliate, or in hiring any employee of Bigfoot or its affiliate.
You agree to perform any and all Services required by Bigfoot in Your position
to the best of Your abilities as such Services are commonly performed in the motion picture industry. Your Services may be specifically defined, but are not limited to, the tasks and duties listed in a Schedule A, and require Your
initial. You are also expected to be an ╲all rounder╡, and occasionally will be
asked to fill in other positions that might be similar or more senior without any adjustment in pay.
You shall supply all the necessary tools, equipment and supplies commonly used
in the industry to perform such Services. Upon request, You agree to provide to Bigfoot or Bigfootâ•˙s representative a written, catalogued inventory of all tools, equipment and supplies You supply,if any. Bigfoot is not liable for loss or damage of such tools, equipment, or supplies as You provide, except in cases of gross
negligence on the part of Bigfoot.
You are obligated to own a GSM phone and local SIM card, which should already be working within 3 days upon start date/arrival. You shall bear own costs of phone calls up to $60.00 per month. Bigfoot shall pay the amount exceeding $60.00 if itemized list is provided. You are required to have your own laptop, an external harddrive with minimum capacity of 1TB, a thumbdrive or more of at least 8GB, a digital camera (as needed for the position), and a credit or debit card while
working for Bigfoot.
Owing to the essential nature of the business, You are required to respond to
all calls made by representatives of Bigfoot in relation to the performance of Your duties. Your availability via mobile phone at all times is of paramount importance. Bigfoot reserves the right to cut your salary / fee to 40% of the day rate of the agreed level in case You are not contactable by mobile phone in spite of repeated attempts. You are obliged to immediately take care of the repair of mobile phone or replacement in case of loss, this is everybody's core obligation, Bigfoot is not going to provide any assistance. In case You are using pre-paid service, keep sufficient credits in Your phone at all times.
If You are assigned a Vonage adaptor from Bigfoot, You are responsible to ensure
that it is connected to the Internet at all times, connect a landline phone to it, and in case you travel, youâ•˙re obliged to bring the device with you to ensure that youâ•˙re always connected to the phone system.
3. PAYMENT AND BENEFITS. In full consideration of Your fully performing Your
obligations under this Agreement, You shall receive a compensation from performing Your Services for Bigfoot (╲Fee╡). You accept that said Fee is based on a ╲No Work, No Pay╡ policy. You shall not be entitled to any benefits,
coverages, or privileges, including without limitation, social security,unemployment, worker's pension payments, or other such similar benefits as are or may be made available to employees of Bigfoot or its affiliate.

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Bigfoot You
Production Day is defined as a SHOOT day for FEATURE FILMS with a minimum of 12
hours excluding lunch. Non-Production Day is defined as a non-shoot day for Feature Films, and a shoot or non-shoot day for all other productions, with a minimum of 8 hours excluding lunch. Therefore, payment for Production days shall ONLY be claimed during shooting/filming days for FEATURE FILMS, unless there is special
approval from the Producer. All other productions, as well as preparatory work,
are constituted as Non-
Production days.
Bigfoot does not pay additional compensation for any hours that would be considered ╲overtime╡ in the motion picture industry for media production projects. Should You work beyond the previously mentioned number of hours, You will be compensated with shorter work days within a time frame of 5 preceding or 5 subsequent work days.
Bigfoot shall process payment of Your Fee every end of the month, and payment for the final month of the term shall be prorated up to the end date specified in the cover page of this
Agreement. Fee shall be paid through wire transfer, Paypal, and/or US check. Upon request and with reasonable advance notification, Bigfoot agrees to pay up to $500 of Your fee in the local currency. Amounts less than $1,000 shall be paid only through Paypal, US check, or in the local currency if not greater than $500. Bigfoot is not
responsible, and will not reimburse, any fees or expenses arising from any transaction with Your local or foreign financial institution.
Should You render services to an affiliate of Bigfoot, separate invoices should be sent to concerned affiliate and Bigfoot. Your payment shall be made by both the affiliate and by Bigfoot.
4. WORK HOURS. You are required to inform Your immediate supervisor ahead of time in case You would be absent from work for any reason. As directed by Your Immediate Superior or as necessitated by Your responsibilities, You might be required to work evenings and/or weekends on occasion. You are required to log in for work at any time within 0800 hours to 1000 hours in the morning, wherein You are to render at least 8 hours of work per day from Monday to Saturday, excluding meal breaks of 1 hour each
per day. All staff who missed to log shall be reported by HR to their respective department head. The latter shall verify the report and advise HR whichever appropriate action to take. For unjustified lack of logs, sanctions are as follows: (a) Email Warning at the first incident, and (b) $30 administrative charge for manual time sheet adjustment, for every succeeding incident. You may be assigned a different
schedule by Your immediate supervisor. You are obligated to submit time sheets at the end of every day with a detailed description of tasks accomplished. Bigfoot reserves the right to exclude days from pay for which no time sheets have been submitted within 24 hours after the work day.
5. TRAVEL, ACCOMMODATION, AND VISAS. You shall only be provided a round trip ticket between your country/place of origin and work base on the first contract and none for succeeding contracts.
Accommodation arrangements are to be independently made. Should you be renting with our affiliate ╲Bigfoot Properties, Inc.╡, as a landlord, in light of your work relationship with Bigfoot, the customary security is waived, but you agree to authorize Bigfoot to pay out damages that otherwise will be covered by the security deposits from your Fee when your lease ends or expires.
In the event that Youâ•˙ll be asked to travel abroad for Bigfoot, You accept reasonable economy class accommodations and airfare. No flights shall be booked with United Airlines, United Air Express, and Tiger Airways and airfare quotes from Qatar Airlines should only be included when it offers the cheapest option. You are required to comply with Immigration and Visa procedures. Expenses incurred for delays in travel due to personal negligence shall be at Your own expense, and also those days in which a travel delay occurs due to your negligence shall be excluded from payment. Further, Bigfoot shall pay for the travel day if work is performed within the same day, otherwise travel days are not paid.
Bigfoot shall facilitate and pay for the Special Work Permit (╲SWP╡) required for You to work in the country, though You are responsible for any expenses relating to any visa extensions required to fulfill this Agreement. Bigfoot agrees to facilitate and pay for any permits, visas, extensions, or travel administration for any locations required by any projects outside of the Philippines. You must have a valid

Initials:
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Bigfoot You
passport throughout the duration of the Term. You agree to allow Bigfoot to hold
Your passport to facilitate and process such actions. Any fees or expenses resulting from a stay in the Philippines or any other location beyond the term of this Agreement are Your sole responsibility.
6. CONFIDENTIALITY. You acknowledge that by virtue of being a contractor of Bigfoot, You shall have access to confidential information. Accordingly, You agree that during Your Services with Bigfoot and thereafter, without limitations of time, that You shall not disclose or reveal any of the confidential information to any third party whatsoever or use the same in any manner except in connection with the business of Bigfoot or its affiliate. You agree not to access information relating to corporate matters of Bigfoot or its affiliate that are not generally known to, or disclosed to the public which have no relation to, or are not necessary in the performance of, Your Services. Upon termination of Your Services with Bigfoot, You shall return to Bigfoot or its affiliate all documents, papers,and data in any form relating to Bigfoot or its affiliate.
7. NON-SOLICITATION. You agree that, during the Term of this Agreement and the 1 year period after termination of the agreement, You shall not: (i) persuade or attempt to persuade any person providing services or goods to Bigfoot or its affiliates to cease or reduce the amount of business it does with Bigfoot or its affiliates; (ii) persuade or attempt to persuade any customer or client or potential customer or client to cease or reduce the amount of business it does with Bigfoot or its affiliates; (iii) solicit for You or any person or entity other than Bigfoot the business of any customer or client who did business with Bigfoot or its affiliates during the term of this Agreement; or (iv) persuade or attempt to persuade any past or present director, officer or employee of Bigfoot or its affiliates to leave Bigfoot's or its affiliates' employ or to become employed by any person or entity other than Bigfoot.
8. INVENTIONS AND COPYRIGHTS. All works that You create subsequent to contracting with Bigfoot and in connection with Your Services with Bigfoot, shall be considered to be
works created in the course of this Agreement with Bigfoot and shall constitute work-for-hire. In the event a work is not construed to be work-for-hire, You agree to assign, and will assign to Bigfoot or its affiliate, all rights and interests in
any designs, inventions, improvements, trademarks, or copyrightable subject matter or proprietary information which You conceive, either solely or jointly with others and either on or off Bigfoot's premises, (a) while providing the Services to Bigfoot or its affiliate, (b) with the use of the time, materials or facilities of Bigfoot or its affiliate, or (c) relating to and derivative of any product, service or activity of Bigfoot or its affiliate of which You have knowledge (the "Developments"). You agree that You have no proprietary interest in any Developments, including any patent, copyright, trademark and trade secret rights as described above. Any and all programs, inventions and other works of authorship developed by You while performing Services for Bigfoot or its affiliate pertaining directly to said Services are created for and owned exclusively by Bigfoot or its affiliate and You cannot make/take copies of photos/work. You agree that You shall not register, file or obtain any patent, copyright or trademark covering any of the Developments in Your own name and further agree to provide reasonably necessary assistance to protect, enforce or perfect Bigfoot's or its affiliate's rights and interests in such patents, copyrights and trademark throughout the world. Further:
a. Any portion of the Productions may be copied, reproduced, marketed, distributed and used in any manner, form or medium now known or hereafter derived by Bigfoot or used in any other manner at Bigfoot's sole discretion, without any right or claim in or thereto by You.
b. You further agree that Bigfoot is the sole owner of the Developments or Productions, and that You shall have no claims or rights to any royalties or other fees in any manner relating to Bigfoot's use, sale, marketing or exhibition of the Developments or Productions in any form or medium.
c. You hereby waive, and Bigfoot hereby has the right, to assert on behalf of You, Your moral rights or any equivalent rights regarding the form or extent of any alteration to the Developments or Productions (including, without limitation, removal or destruction) or the making of any derivative works based on the Productions in any medium, for Bigfoot's purposes.
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Bigfoot You
d. You assign the right to use Your name and likeness in connection with the
promotion and marketing of Bigfoot and its affiliates as well as in connection with the exploitation and distribution in any manner of any work in which they appear. You grant Bigfoot and assigns, the perpetual non-exclusive right and the right to grant to others the right, to disseminate, display, reproduce, publish and make any other uses of the Your name, voice, and likeness, and biographical material concerning You in connection with the advertising, merchandising, publicizing and the exploitation
of any of the services or materials created by or for Bigfoot, its affiliates
and assigns, in any medium. You hereby consent and agree to participate in all of the above filming and exploitation and hereby grant to Bigfoot, in perpetuity and throughout the universe, the right to use Your name, voice and likeness in connection with all of above for no additional consideration.
9. EXPENSES. It is the policy of Bigfoot to require You to be very cost
conscious concerning all expenses incurred in connection with activities on behalf of Bigfoot or its affiliate.
After receiving the 1st pay, consultants who earn a minimum monthly Fee of at least $2,000.00 per month or equivalent thereof for other currencies and higher, are expected to spend personal funds and/or use personal credit or debit cards for pre-approved work-related expenses of up to 15% of the minimum monthly Fee, to be liquidated through an expense report.
All cash or credit out of pocket expenses incurred by You in connection with the
Project will be reimbursed only to the extent that they are approved by the Producer and/or Executive Producer, and verified by original itemized receipt. In the event that no receipt can be generated, a photograph of the purchased item(s) in addition to an itemized and signed list of purchases must be submitted. There will
be no exceptions. All purchases and rentals executed through Bigfoot will be
made by purchase order, invoice, or production credit card, which must be approved by department heads.
You shall provide Bigfoot or its affiliate copies of all receipts, invoices and
other documentation relating to expenses You incur on behalf of Bigfoot or its affiliate. Bigfoot shall reimburse any expense(s) You incur on behalf of Bigfoot within 7 days of receipt of official expense report and supporting receipts, invoices,
and/or documentation.
10. POLICIES. As a Contractor assigned to work inside the premises of Bigfoot,
You are expected to abide by the rules and regulations of Bigfoot. It is understood that non-compliance or a violation of any policy may result to Your suspension or termination of this Agreement. You shall safe keep and use for work-related purposes only, all equipment and utilities issued by Bigfoot. You are required to back-up all
files, store such files in a separate location and to make available all source
files that allow editing of any music, videos and other material documents made by You. You are not authorized to install any software on equipment not owned by You, other than the ones approved by Bigfootâ•˙s system administrator. You
shall not use Bigfootâ•˙s email system, email addresses or computers to send spam,
commercial emails, emails containing harassing, sexually explicit, libelous, slanderous or illegal content. Moreover, You shall be required to return all equipment issued by Bigfoot and turn over all files and passwords, upon termination of the Services with Bigfoot.
a. Statements. You are hired as an independent contractor and have no right or
authority to represent or act as an agent of Bigfoot. You shall not make any written or oral statement on behalf of Bigfoot or any of its affiliates. Use of letterhead or stationary of Bigfoot or its affiliates for external communication is contingent upon the approval of the CEO or the Chief of Bigfoot. In the event You are asked to or permitted to provide any statements on behalf of Bigfoot or its affiliates, such
statement shall strictly adhere to Bigfoot policies and You are required to inquire as to those policies prior to any such permitted communications. You shall be liable to Bigfoot for the greater of a penalty in the amount of $250.00 or the total damages arising from the breach of this provision.
b. No Kick Back Policy. Bigfootâ•˙s policy for all its affiliates and consultants
not to accept any gifts, and report any attempts to provide cash, cash equivalents, gifts or any other freebies worth more than $5.00 from affiliates, contractors or other individuals or corporations that seek to business with Bigfoot.
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c. Requirements. List of requirements are given prior to start of the Term,
which includes medical clearance and background information. You shall be responsible for the cost of acquiring said requirements. At Bigfootâ•˙s discretion, Your fee shall not be paid until all of the requirements are submitted. This Agreement may be forfeited in case said requirements are not met; there are erroneous disclosure of facts; and in case requirements and background investigation results do not meet with Bigfoot standards.
d. Production Policies.
1. Phone Usage. You may not use a mobile phone while on set, and the ringer must be set to silent (no vibration or ringtone), during the shooting of any scene in which sound is being recorded. You shall be liable to Bigfoot for the greater of a penalty in the amount of $250.00 or the total damages arising from the breach of this provision (including without limitation, the cost of reshooting any shot).
2. English Only. It is mandatory that only English be spoken on the set. Any
violation of this rule shall result in a deduction of $20 for each violation. This policy shall be waived in the event that the parties cannot speak English in a clear, comprehensive manner.
3. Transportation. If You shall provide Your own transportation to and from the
locations at which Your services are to be rendered in connection with the Project, and/or if You use Your own vehicle in connection with the production of the Project, then You further agree that any personal vehicle used will be adequately insured for collision damage, liability damage and property damage belonging to third parties, all in such amounts as are reasonably necessary. You agree to provide Bigfoot with proof of insurance and valid driverâ•˙s license. You hereby indemnify Bigfoot and Bigfootâ•˙s representatives against any and all liability and claims whatsoever in connection with Your automobile or transportation during the term of this Agreement.
4. Production Meals. It is Bigfootâ•˙s policy that meal expenses are personal in
nature, and generally Bigfoot does not pay for such. On large feature film productions, Bigfoot may â•„ at its sole discretion â•„ provide meals as a voluntary incentive, such provision is on a case-by-case basis and does not constitute any obligation for future days whatsoever.
5. Damages. Bigfoot will not credit crew members that caused material damage to
the quality of the production, including additional costs resulting from negligence or disobedience of standing policies. Bigfoot reserves the right to charge damages resulting from gross negligence against crew compensation.
11. INDEMNIFICATION. You agree to indemnify and hold harmless Bigfoot and its
affiliates from any claims, judgments, suits, actions, damages or fines arising from any gross negligence, willful misconduct, or serious malfeasance or omission, on the part of You.
12. GOVERNING LAW. This Agreement is governed by the laws of Hong Kong. Any controversy or dispute arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts having jurisdiction for Hong Kong, SAR. The successful party to any litigation or other proceeding relating to this Agreement shall be awarded costs and expenses (including reasonable attorney's fees).
You consent to the service of process out of any of the aforementioned courts in
any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to You at the address set forth for You in this Agreement, such service to become effective 15 days after such mailing.
13. NOTICES. Any notice to be given hereunder shall be in writing and be deemed
given if delivered personally or sent effective upon 4 days after by registered or certified mail, return receipt requested, or upon delivery by overnight courier recognized in the United States (DHL, Airborne, and Fedex hereby deemed approved) to the appropriate party at its address as set forth herein, or at such other address as
either party may, from time to time, in writing, designate in accordance with this Section. For notice to be effective, a required facsimile copy must also be sent to Jeffrey W. Berkman, General Counsel at +1.212.208.0991.
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14. SEVERABILITY AND SURVIVAL. This Agreement contains the full and complete
understanding between You and Bigfoot with reference to the within subject matter, supersedes all prior agreements and understandings, written or oral, and cannot be modified except in writing and signed by both parties. No breached provision shall nullify or modify any other part of this Agreement.

Zeus Zamani / AZ FILM STUDIOS

Editor note: certain names have been removed from this post as there is no reason to believe anyone is responsible for the bad check aside from the production company whose name is on the bad account.

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I worked nine days in September 2010 on "SOMEBODY HELP ME 2" which was shown on BET on Halloween night 2010.

I receieved my paycheck which was returned as NOT SUFFICIENT FUNDS from the Producer Zeus Zamani of AZ FILM STUDIOS in Los Angeles, California.

I have contacted him thru e-mail and telephone which only led me on.
examples: The check is in the mail - I am so sorry.
I mailed you a check I am surprised you did not receive it
I 'll mail you a check next week.

Here it is November 2010 and now he is not answering his phone or not returning calls
or e mail. I went to Wells Fargo where Zeus Zamani has the checking account and have been turned away - not enough to cover the check.

Since I have been running into some crew who I have worked with on other projects.
I have been getting feed back that the Director/Producer, Chris Storkes is also a flake in not paying his crew or production bills. I wish I had known this before hand.

Here is a list of Producers on "SOMEBODY HELP ME 2". Watch out for these people and get paid in advance for you work.

[ed: name removed] Director/Producer
Zeus Zamani Producer AZ FILM STUDIOS, Los Angeles, CA
[ed: name removed] Producer
[ed: name removed] Producer
[ed: name removed] Producer
[ed: name removed] Co-Producer

And last but not least shame on you [ed: name removed] for placing the voice messages on the producers contact numbers.

Shame on you BET for allowing "SOMEONE HELP ME 2" to be shown on your network
that does not pay the crew their paychecks.