The following free agreement or contract sets forth the relationship between an agent and an actor or actress. This agreement and contract is being provided for information and research purposes only, however it is a valid legal contract and agreement. Always consult an Attorney or Lawyer. This Agreement can apply in most states including California, New York, Florida, Nevada and others. Help improve this agreement by leaving a comment.
THIS AGREEMENT, made and entered into at ____________________, by and between ____________________, a talent agent, hereinafter called the "Agent", and ____________________, ____________________ (social security number) hereinafter called the "Actor".
1. The Actor engages the Agent as his agent for the following fields as defined in Screen Actors Guild Codified Agency. Regulations, Rule 16(g) and the Agent accepts such engagement:
[Mark appropriate space(s)]
___ Theatrical Motion Pictures
___ Television Motion Pictures
If television motion pictures are included herein for purposes of representation and if during the term of this agency contract the Actor enters into a series or term employment contract for services in television motion pictures, under which he agrees also to render services in program commercials or spots, this agency contract shall include representation of the Actor in connection with his employment in said commercials, and representation of the Actor in said commercials shall not be deemed included in any separate agency contract which the Actor may have entered into covering commercials.
This contract is limited to motion pictures in the above-designated field(s) and to contracts of the Actor as an actor in such motion pictures, and any reference herein to contracts or employment whereby Actor renders his services refers to contracts or employment in such motion pictures unless otherwise specifically stated.
2. The term of this contract shall be for a period of ____________________ commencing ____________________
3. (a) The Actor agrees to pay to the Agent as commissions a sum equal to ____________________ to agent percent of all moneys or other consideration received by the Actor, directly or indirectly, under contracts of employment (or in connection with his employment under said employment contracts) entered into during the term specified in Paragraph (2) or in existence when this agency contract is entered into except to such extent as the Actor may be obligated to pay commissions on such existing employment contract to another agent. Commissions shall be payable when and as such moneys or other consideration are received by the Actor, or by anyone else for or on the Actor's behalf. Commission payments are subject to the limitations of Rule 16(g).
(b) Commissions on compensation paid to Actors for domestic reruns, theatrical exhibition, foreign exhibition or supplementary market exhibition of television motion pictures are subject to the provisions of Rule 16(g).
(c) Commissions on commercials included herein under paragraph (1) above shall be subject to the rules governing commercials provided by Rule 16(g).
(d) No commissions shall be payable on any of the following:
(i) Separate amounts paid to Actor not as compensation but for travel or living expenses incurred by Actor;
(ii) Separate amounts paid to Actor not as compensation but as reimbursement for necessary expenditures actually incurred by Actor in connection with Actor's employment, such as for damage to or loss of wardrobe. special hairdress, etc.;
(iii) Amounts paid to Actor as penalties for violations by Producer of any of the provisions of the SAG collective bargaining contracts, such as meal period violations, rest period violations, penalties or interest on delinquent payments;
(iv) Sums payable to Actors for the release on free television or for supplemental market exhibition of theatrical motion pictures produced after January 31, 1960, under the provisions of the applicable collection bargaining agreement providing for such payment; however, if an Actor's individual theatrical motion picture employment contract provides for compensation in the event the motion picture made for theatrical exhibition is exhibited over free television or in supplemental market exhibition, in excess of the minimum compensation payable under the applicable collective bargaining agreement in effect at the time the employment contract was executed, commissions shall be payable on such compensation.
(v) Sums payable to Actors for foreign telecasting on free television of television motion pictures and commercials under the provisions of the applicable collective bargaining agreements; however, if an individual Actor's contract provides for compensation in excess of minimum under the applicable collective bargaining agreements in effect at the time of employment, commissions shall be payable on such sums.
(vi) On any employment contract which is in violation of SAG collective bargaining agreements. For example, employment contracts providing for "free days", "free rehearsal", "free looping", "a break in consecutive employment", etc., shall not be commissionable. This paragraph is not subject to SAG waiver.
(vii) On any employment contract for television motion pictures which provide for any prepayment or buyout of domestic or foreign residuals or theatrical release, or supplemental market fees, other than those permitted by the appropriate SAG collective bargaining agreement, unless such provisions of individual employment contracts are expressly approved by SAG.
(e) Any moneys or other consideration received by the Actor, or by anyone for or on his behalf, in connection with any termination of any contract of the Actor by virtue of which the Agent would otherwise be entitled to receive commission, or in connection with the settlement of any such contact, or any litigation arising out of any such contract, shall also be moneys in connection with which the Agent is entitled to the aforesaid percentage; provided, however, that in such event the Actor shall be entitled to deduct attorney's fees, expenses and court costs before computing the amount upon which the Agent is entitled to his percentage. The Actor shall also be entitled to deduct reasonable legal expenses in connection with the collection of moneys or other consideration due the Actor arising out of an employment contract in motion pictures before computing the amount upon which the Agent is entitled to his percentage.
(f) The aforesaid percentage shall be payable by the Actor to the Agent during the term of this contract and thereafter only where specifically provided herein and in the Regulations.
(g) The Agent shall be entitled to the aforesaid percentage after the expiration of the term specified in Paragraph (2) for so long a period thereafter as the Actor continues to receive moneys or other consideration under or upon employment contracts entered into by the Actor during the term specified in Paragraph (2) hereof, including moneys or other consideration received by the Actor under the extended term of any such employment contract, resulting from the exercise of an option or options under such an employment contract, extending the term of such employment contact, whether such options be exercised prior to or after the expiration of the term specified in Paragraph (2), subject, however, to the applicable limitations set forth in the Regulations.
(h) If during the period the Agent is entitled to commissions a contract of employment of the Actor be terminated before the expiration of the term thereof, as said term has been extended by the exercise of options therein contained, by joint action of the Actor and employer, or by the action of either of them, other than on account of Act of God, illness. or the like, and the Actor enters into a new contract of employment with said employer within a period of sixty (60) days, such new contract shall be deemed to be in substitution of the contract terminated as aforesaid, subject, however, to the applicable limitations set forth in the Regulations. No contract entered into after said sixty (60) day period shall be deemed to be in substitution of the contract terminated as aforesaid. Contracts of substitution have the same effect as contracts for which they were substituted; provided, however, any increase or additional salary, bonus or other compensation payable to the actor thereunder over and above the amounts payable under the contract of employment which was terminated shall be deemed an adjustment and, unless the Agent shall have a valid agency contract in effect at the time of such adjustment, the Agent shall not be entitled to any commissions on any such additional or increased amounts. In no event may a contract of substitution with an employer extend the period of time during which the Agent is entitled to commission beyond the period that the Agent would have been entitled to commission had no substitution taken place. A change in form of an employer for the purpose of evading this provision or a change in the corporate form of an employer resulting from reorganization or the like shall not preclude the application of these provisions.
(i) So long as the Agent receives commissions from the Actor, the Agent shall be obliged to service the Actor and perform the obligations of this agency contract with respect to the services of the Actor on which such commissions are based, unless the Agent is relieved therefrom under express provisions of the Regulations.
(j) The Agent has no right to receive money unless the Actor receives the same, or unless the same is received for or on his behalf, and then only in the above percentage when and as received. Money paid pursuant to legal process to the Actor's creditors, or by virtue of assignment or direction of the Actor, and deductions from the Actor's compensation made pursuant to law in the nature of a collection or tax at the source, such as Social Security, Old Age Pension taxes, State Disability taxes or income taxes shall be treated as compensation received for or on the Actor's behalf.
4. Should the Agent, during the term specified in Paragraph (2), negotiate a contract of employment for the Actor and secure for the Actor a bona fide offer of employment, which offer is communicated by the Agent to the Actor in reasonable detail and in writing or by other corroborative action which offer the Actor declines, and if, within sixty (60) days after the date upon which the Agent gives such information to the Actor, the Actor accepts said offer of employment on substantially the same terms, then the Actor shall be required to pay commissions to the Agent upon such contract of employment. If an agent engaged under a prior agency contract is entitled to collect commissions under the foregoing circumstances, the Agent with whom this contract is executed waives his commission to the extent that the prior agent is entitled to collect the same.
5. (a) The Agent may represent other persons who render services in motion pictures, or in other branches of the entertainment industry.
(b) Unless and until prohibited by the Actor, the Agent may make known the fact that he is the sole and exclusive representative of the Actor in the motion picture fields covered hereby. However, it is expressly understood that even though the Agent has not breached the contract the Actor may at any time with or without discharging the Agent, and regardless of whether he has legal grounds for discharge of the Agent, by written notice to the Agent prohibit him from rendering further services for the Actor or from holding himself out as the Actor's Agent, and such action shall not give Agent any rights or remedies against Actor, the Agent's rights under this paragraph continuing only as long as Actor consents thereto but this does not apply to the Agent's right to commissions. In the event of any such written notice to the Agent the 91-day period set forth in Paragraph (6) of this agency contract is suspended and extended by the period of time that the Agent is prohibited from rendering services for the Actor.
6. (a) If this is an initial agency contract and if actor fails to be employed and receive, or be entitled to receive compensation for ten (10) days' employment in the initial 151 days of the contract, provided further that if no bona fide offer of employment is received by the Actor within any consecutive period of 120 days during the initial 151 day period, or if during any other period of 91 days immediately preceding the giving of the notice of termination hereinafter mentioned in this paragraph, the Actor fails to be employed and receive, or be entitled to receive compensation for ten (10) days' employment, whether such employment is from fields under SAG's jurisdiction or any other branch of the entertainment industry in which the Agent may be authorized by written contract to represent the Actor, then either the Actor or Agent may terminate the engagement of the Agent hereunder by written notice to the other party, subject to the qualifications hereinafter in this paragraph set forth. Each day the Actor renders services or may be required to render services in motion pictures shall count as one (1) day's employment. For the purpose of determining what is a day's employment in other fields of the entertainment industry the following rules shall govern:
(i) Each separate original radio broadcast (including rehearsal time), whether live or recorded, and each transcribed program shall be considered a day's employment.
(ii) Each separate live television broadcast shall be considered a minimum of two (2) days' employment. However, each day spent in rehearsal over the minimum of two (2) days inclusive of the day of telecast, shall be considered an additional one-half (½)day's employment.
(iii) A rebroadcast, whether recorded or live, or by an off the line recording, or by a prior recording, or time spent in rehearsal for any employment in the radio broadcasting or radio transcription industry shall not be considered such employment. A retelecast of a live television program and a rerun of television motion picture entertainment film or commercial shall likewise not be considered such employment.
(iv) Each master phonograph record recorded by the Actor shall be one (1) day's employment.
(v) In all other branches of the entertainment industry, except as set forth above, each day the Actor renders services or may be required to render services for compensation shall count as one (l) day's employment.
(b) The 91 day period which is the basis of termination shall be extended by the amount of employment the Actor would have received from calls for his services in any other branch of the entertainment industry in which the Actor is a recognized performer and at or near the Actor's usual places of employment at a salary and from an employer commensurate with the Actor's prestige, which calls are actually received by the Agent and reported to the Actor in writing or by other corroborative action, when the Actor is in such a locality (away from his usual places of employment) that he cannot return in response to such a call, or when the Actor is unable to respond to such a call by reason of physical or mental incapacity or any other reason beyond his control, or by reason of another engagement in a field in which the Actor is not represented by the Agent; provided, however, that if the Actor is rendering services in another engagement in a field in which the Agent is authorized to represent the Actor, then the time spent in such engagement shall not be added to the 91 day period. Regardless of whether or not the Agent is authorized to represent the Actor on the legitimate stage, if the Actor accepts an engagement on the legitimate stage under a run of the play contract, the 91 day period which is the basis of termination shall be extended by the length of such run of the play contract including rehearsals. The 91 day period which is the basis of termination shall also be extended for any period of time during which the Actor has declared himself to be unavailable and has so notified the Agent in writing or by other corroborative action or has confirmed in writing or by other corroborative action a communication from the Agent to such effect.
(c) In the event that the Agent has given the Actor notice in writing or by other corroborative action of a bona fide offer of employment as an actor in any branch of the entertainment industry in which the Actor is a recognized performer at or near his usual place of employment at a salary and from an employer commensurate with the Actor's prestige (and there is in fact such an offer), which notice sets forth in detail the terms of the proposed employment and the Actor refuses or fails within a reasonable time after receipt of such notice to accept such proffered employment, then the period of guaranteed employment in said offer shall be deemed as time worked by the Actor in computing time worked with reference to the right of the Actor to terminate under the provisions of this paragraph.
(d) The Actor may not exercise the right of termination if at the time he attempts to do so:
The Actor is under a contract or contracts for the rendition of his services in the entertainment industry, in any or all fields in which the Agent is authorized by written contract to represent the Actor, which contract or contracts in the aggregate guarantee the Actor:
(i) compensation for such services of Seventy. Thousand ($70,000.00) Dollars or more, or
(ii) Fifty (50) or more days' employment, during the 91 days in question plus the succeeding 273 days after said 91 day period.
(e) Saturdays, Sundays and holidays are included in counting days elapsed during the 91 and 273 day periods provided.
(f) No termination hereunder shall deprive the Agent of the right to receive commission or compensation on moneys earned or received by the Actor prior to the date of termination, or earned or received by the Actor after the date of termination of the Agent's engagement, on contracts for the Actor's services entered into by the Actor prior to the effective date of any, such termination.
(g) Periods of lay-off, leave of absence, or any periods during which the Actor is not performing and is prohibited from rendering services for others in the motion picture field under and during the term of any motion picture employment contract shall not be deemed periods of unemployment hereunder. The "term of any motion picture employment contract" as used in this subparagraph shall not include any unexercised options.
(h) Where the Actor does not actually render his services for which he has been employed but nevertheless is compensated therefor, the same shall be considered as employment hereunder. This shall not apply to employment on live television shows, which employment is computed according to the formula set forth in subparagraph (a) (ii) hereof.
(i) If, at any time during the term of the agency contract, the production of motion pictures in general (as distinguished from production at one or more studios) should be suspended, thereupon the 91-day period herein mentioned shall be extended by the period of such suspension.
(j) If the Actor is under an employment contract which provides that any part of the Actor's guaranteed compensation shall be deferred or if said compensation is spread over a period prior or subsequent to the time of the actual performance of Actor's services under said employment contract, then for the purpose of determining the Actor's right to terminate under the provisions of subparagraph (d) hereof, the guaranteed compensation shall be deemed to have been paid to the actor during the period of the actual performance of Actor's services under said employment contract.
(k) Anything herein to the contrary notwithstanding, if the Agent submits to the Actor a bona fide offer of employment in writing or by other corroborative action, as defined in Paragraph (6) subparagraph (c), after the right of termination has accrued under Paragraph (6) but the Actor has not yet terminated the agency contract, and if the Actor thereafter terminates the agency contract pursuant to Paragraph (6) and thereafter accepts the offer within sixty (60) days of the date of submission of the offer to the Actor by the agent, the Actor shall the pay the Agent commission on the compensation received by the Actor pursuant to such offer.
(1) Other than in cases of initial agency contracts subject to the 151 day clause provided by the first paragraph of this paragraph (6), the right of termination provided by the 91 day termination provisions of this Paragraph (6), the Actor shall also have the right of termination beginning with the 82nd day of the 91-day period whenever it becomes apparent that the Agent will be unable to procure the required employment pursuant to this Paragraph (6) during such 91-day period. In considering whether it has become so apparent, the possibility that after the Actor exercises the right of termination, the Agent might preclude exercise of the right by compliance with subparagraphs (b), (c) or (d) hereof, shall be disregarded. To illustrate: If the Actor has had no employment for 82 days, Actor may terminate on the 82nd day, since only 9 days remain, and Agent cannot obtain 10 days' employment for the Actor in such period. If Actor received one day's employment in 83 days, Actor may terminate on the 83rd day, since only 8 days remain, and Agent cannot obtain 10 days' employment for Actor in such period.
(m) Employment at SAG minimum shall be deemed "employment" and/or "work" for purposes of this Paragraph (6).
7. Rule 16(g) of the Screen Actors Guild, Inc. which contains regulations governing the relations of its members to talent agents is hereby referred to and by this reference hereby incorporated herein and made a pan of this contract. The provisions of said Rule are herein sometimes referred to as the "Regulations" and the Screen Actors Guild, Inc. is herein sometimes referred to as "SAG."
8. The Agent agrees that during the term of this contract the following persons only shall have the responsibility of personally supervising the Actor's business and of servicing and being available to the Actor. The name of one of the persons shall be inserted in the Actor's own handwriting.
(This italicized provision is a note from SAG to the Actor and not a part of the contract. If the Actor is executing this contract in reliance on the fact that a particular person is connected with the Agent, then the Actor should insert only such person's name in the space following. If the Actor is not executing this contract in reliance on such fact, then the Agent shall insert not more than one name, and the Actor shall insert one name.)
The Agent upon request of the Actor, shall assign either one of such persons who may be available (and at least one of them always shall be upon reasonable notice from the Actor) and whom the Actor may designate to conduct negotiations for the Actor at such city or its environs and such person shall do so; it being understood that sub-agents employed by the Agent who are not named herein may handle agency matters for the Actor or may aid either of the named persons in handling agency matters for the Actor. In the event both of the persons above named shall cease to be active in the affairs of the Agent by reason of death, disability, retirement or any other reason, the Actor shall have the right to terminate this contract upon written notice to the Agent. The rights of the parties in such case are governed by Sections XI and XII of the Regulations.
9. The Agent agrees to maintain telephone service and an office open during all reasonable business hours (emergencies such as sudden illness or death excepted) within the city of ____________________, or its environs, throughout the term of this agreement and that some representative of the Agent will be present at such office during such business hours. This contract is void unless the blank in this paragraph is filled in with the name of a city at which the Agent does maintain an office to render services to actors.
10. If the Actor is employed under a series or term contract the Actor shall have the right to terminate this contract during the 30-day period immediately following any annual anniversary date of the series or term contract then in effect by giving the Agent 30-days' written notice of his intention to so terminate this contract. Exercise of this termination right shall not affect the Actor's commissions obligation hereunder.
11. Any controversy under this contract, or under any contract executed in renewal or extension hereof or in substitution hereof or alleged to have been so executed, or as to the existence, execution or validity hereof or thereof, or the right of either party to avoid this or any such contract or alleged contract on any grounds, or the construction, performance, nonperformance, operation, breach, continuance or termination of this or any such contract, shall be submitted to arbitration in accordance with the arbitration provisions in the Regulations regardless of whether either party has terminated or purported to terminate this or any such contract or alleged contract. Under this contract the Agent undertakes to endeavor to secure employment for the Actor. This provision is inserted in this contract pursuant to a rule of the SAG, a bona fide labor union, which Rule regulates the relations of its members to talent agents. Reasonable written notice shall be given to the Labor Commissioner of the State of California of the time and place of any arbitration hearing hereunder. The Labor Commissioner of the State of California, or his authorized representative, has the right to attend all arbitration hearings. The clauses relating to the Labor Commissioner of the State of California shall not be applicable to cases not failing under the provisions of Section 1700.45 of the Labor Code of the State of California.
12. Both parties hereto state and agree that they are bound by the Regulations and by all of the modifications heretofore or hereafter made thereto pursuant to the Basic Contract and by all waivers granted by SAG pursuant to said Basic Contract or to the Regulations.
13. (a) Anything herein to the contrary notwithstanding, if the Regulations should be held invalid, all references thereto in this contract shall be eliminated; all limitations of the Regulations on any of the provisions of this contract shall be released, and the portions of this contract which depend upon reference to the Regulations shall be deleted, and the provisions of this contract otherwise shall remain valid and enforceable.
(b) Likewise, if any portion of the Regulations should be held invalid, such holding shall not affect the validity of remaining portions of the Regulations or of this contract; and if the portion of the Regulations so held invalid should be a portion specifically referred to in this contract, then such reference shall be eliminated herefrom in the same manner and with like force and effect as herein provided in the event the Regulations are held invalid; and the provisions of this contract otherwise shall remain valid and enforceable.
Whether or not the Agent is the Actor's agent at the time this contract is executed. it is understood that in executing this contact each party has independent access to the Regulations and has relied exclusively upon his own knowledge thereof.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the _______ day of ______ , 19__.
This talent agent is licensed by the Labor Commissioner of the State of California.
This talent agent is franchised by the Screen Actors Guild, Inc.
The form of this contract has been approved by the State Labor Commissioner of the State of California on January 11, 1991.
This form of contract has been approved by the Screen Actors Guild, Inc.
The foregoing references to California may be deleted or appropriate substitutions made in other states.