INDEX
Section Page
Accident Reports............................................................................................................. 61 51
Admission To Premises................................................................................................... 26 32
Allowable Meal Periods.................................................................................................. 31 33
Allowance for Meals on Locations.............................................................................. 31D 34
Animals
Handlers................................................................................................................... 63B 55
Notice of work with.............................................................................................22A(2) 27
Treatment ................................................................................................................... 39 40
Work with................................................................................................................ 63B 55
Arbitration....................................................................................................................... 81 65
Assumption Agreement .................................................................................................. 84 67
Auditions.......................................................................................................................... 10 17
Bond ................................................................................................................................. 77 64
Borrowed Services, Loan-out Company, Pension and Health Contributions........... 82 66
Breakfast....................................................................................................................... 31A 34
Cable, Basic .................................................................................................................... 7A 12
Cable, Pay .......................................................................................................................7K 14
Calls, Cancellation .......................................................................................................... 24 28
Cancellation..................................................................................................................... 24 28
Casting and Auditions .................................................................................................... 10 17
Notification at auditions ......................................................................................... 10A 17
Policy of non-discrimination ..................................................................................... 21 25
Professional recognition, preference of employment......................................... 13,14 19, 21
Change of Wardrobe ...................................................................................................... 44 43
Child Labor Laws ......................................................................................................... 62J 54
Commercials for Television.............................................................................................. 3 2
Consecutive Employment............................................................................................... 28 32
Contract Incorporated in Performer''s Individual Contract....................................... 86 69
Contractors............................................................................................................5C(1)(b) 5
Conversion to Weekly Basis........................................................................................... 29 33
Coverage ............................................................................................................................ 1 1
Crediting, Prohibition of ...............................................................................................5H 10
Customization..................................................................................................................7F 13
Damaged or Lost Wardrobe .......................................................................................... 43 43
Dancers..............................................................................................................5C(1)(a),64 3,58
Dangerous Conditions ............................................................................ 63,64B(1),(8),(9) 55,58
Definitions.............................................................................................................. 5A&B,7 2,12
Description of Role.............................................................................................10J&K,11 17,18
Director as Performer..............................................................................................20B(2) 25
Disability Insurance.................................................................................................. 5G(3) 10
Dismissal, Place of........................................................................................................ 56C 48
Doubling, Dubbing..........................................................................................................5F 8
Doubling, Stunt ............................................................................................................ 21D 25
Dressing Rooms............................................................................................................... 59 50
Driving ............................................................................................................................63I 56
Dubbing............................................................................................................................5F 8
Section Page
Dust Work................................................................................................................. 63I&J 56
Effective Date and Term................................................................................................. 67 61
Employment Contract, Standard Form.............................................................Exhibit I 77
Employment of Minors................................................................................................... 62 51
Employment of Professional Performers................................................................. 13,14 19,21
Engagement of Performers ....................................................................................... 22,24 26,28
Equipment Safety......................................................................................................63F,G 55
Expanded Use................................................................................................................. 8B 15
Expenses........................................................................................................................... 58 49
Explosive Charges........................................................................................................ 63C 55
Background Actors Definitions........................................................................................ 9 15
Background Actor Rates ...........................................................................................5C(2) 5
Background Actor Preference ....................................................................................... 14 21
Fees.................................................................................................................................. 5C 4,5
Financial Assurances ...................................................................................................... 77 64
First Aid ....................................................................................................................... 63M 56
First Employment ...............................................................................................12,13D(5) 18,20
Fittings ............................................................................................................................. 41 41
Flight Insurance .............................................................................................................. 57 49
Forms
Pension and Health Contribution Report................................................... Exhibit II 79
Standard Employment Contract ...................................................................Exhibit I 77
Frostbite........................................................................................................................63K 56
Geographic Scope, Production Outside ........................................................................ 68 61
Government Service Programs..................................................................................... 7N 14
Group Dancers ......................................................................................................5C(1)(a) 4
Group Singers................................................................................................5C(1)(a)&(b) 4,5
Group, Contractors for ........................................................................................5C(1)(b) 5
Guardians, Minors...................................................................................................62F(5) 53
Guild''s Articles and By-Laws ........................................................................................ 71 63
Hairdress.......................................................................................................................... 41 41
Half-Day Engagement ................................................................................................... 5D 6
Hazardous Work............................................................................................................. 63 55
Health Plan ........................................................................................................................ 6 10
Hiring Background Actors............................................................................................. 15 22
Holidays ........................................................................................................................... 35 38
Indemnification ............................................................................................................... 87 70
Individual Voice and Photographic Tests..................................................................... 23 28
Industry Union Standing Committee ............................................................................ 85 68
Initial Use............................................................................................................ 5A&B,8A 2,15
Injury, Because of Performer ..................................................................................... 87A 70
Insurance, Indemnification ............................................................................................ 87 70
Insurance, Flight ............................................................................................................. 57 49
Integration .......................................................................................................................7F 13
Interviews and Tests ............................................................................................. 15,23,42 22,28,42
Minors ...................................................................................................................... 62D 52
Jurisdiction .............................................................................................................. 1,68,93 1,61,74
Late Payment, Liquidated Damages for ................................................................. 5G(2) 9
Section Page
Liability, Limitations on, Guild ..................................................................................... 79 64
Liability, Limitations on, Strike .................................................................................... 69 61
Lifting Footage ...........................................................................................................7F,89 13,72
Lines, Study of................................................................................................................. 47 44
Liquidated Damages
Failure to file production time reports..............................................................25F(3) 32
Late Payments ...........................................................................................................5G 9
Meal Period Violations ........................................................................................31B,C 34
Preference of Employment......................................................................................13F 21
Rest Period Violations ............................................................................................... 33 37
Union Security............................................................................................................ 12 18
Limit on Liability ............................................................................................................ 79 64
Litigation, Notice of, for Indemnification .................................................................. 87D 70
Loan-out Companies, Contributions to Pension and Health ...................................... 82 66
Lodging ......................................................................................................................... 56B 47
Lodging, Travel Time to and from................................................................................ 56 46
Lost Articles..................................................................................................................... 43 43
Makeup, Hairdress, Wardrobe...................................................................................... 41 41
Maintenance, Dressing Rooms....................................................................................... 59 50
Meal Allowance ............................................................................................................ 31D 34
Meal Periods.................................................................................................................... 31 33
Mechanical Devices or Equipment, Stunt...........................................................63E,F,G 55
Medical and/or First Aid ............................................................................................ 63M 56
Member Reports ............................................................................................................. 27 32
Member Reports, Singers........................................................................................25F(2) 32
Membership Required.................................................................................................... 12 18
Military Personnel ...................................................................................................13D(4) 20
Minimum Compensation, Minimum Fees ...................................................................... 5 4,5
Minorities and Women, Non-Discrimination ............................................................... 21 25
Minors, Employment of.................................................................................................. 62 51
N.D. Breakfast .............................................................................................................. 31A 34
Nearby Locations ......................................................................................................... 56A 46
Network Television Use .................................................................................................. 7J 14
Non-Discrimination......................................................................................................... 21 25
Non-Member Reporting, Union Security...................................................................... 12 18
Non-Network Television Use......................................................................................... 7B 12
Non-Professional Persons, Waiver ................................................................................ 18 24
Non-Script Lines ............................................................................................................. 49 45
Non-Signatory, Transfer to ............................................................................................ 84 67
Notification and Cancellation of Calls .......................................................................... 24 28
Nudity.............................................................................................................................22F 28
Off-Camera, Minimum Compensation ...............................................................5C(1)(b) 5
Overnight Locations .................................................................................................... 56B 47
Overscale Payments and Guarantees...........................................................................5H 10
Overtime .......................................................................................................................... 32 35
Paycheck Information .............................................................................................25A(1) 31
Payment ..........................................................................................................................5G 9
Payment, Late............................................................................................................ 5G(2) 9
Section Page
Pension and Health Plans................................................................................................. 6 10
Performance Environment, Minors ........................................................................... 62A 51
Performer Responsibility ............................................................................................... 88 71
Persons Covered................................................................................................................ 1 1
Photographic Test, Individual ....................................................................................... 23 28
Photography of Stage Performance, Instant Programs............................................... 90 73
Place of Dismissal, Travel Time.................................................................................. 56A 48
Play Area, Minors ..........................................................................................................62I 54
Policy of Non-Discrimination......................................................................................... 21 25
Preference of Employment........................................................................................ 13,14 19,21
Preference Zones.......................................................................................................... 13C 19
Pre-recordings................................................................................................................. 54 46
Primary Use................................................................................................................. 5,8A 2,15
Principal Performers, Classification ............................................................................ 5C 4
Producers
Information on Contribution to Pension and Health Plans ..................................... 6 10
Required Reports and Records................................................................................. 25 31
Responsibility ............................................................................................................. 88 71
Sale, Transfer, Assignment to Non-Signatory ......................................................... 84 67
Producer as Performer ............................................................................................20B(2) 25
Production outside Geographic Scope .......................................................................... 68 61
Production Staff .............................................................................................................. 20 24
Production Time Reports .............................................................................................25F 32
Professional Recognition, Preference of Employment................................................. 18 24
Program Use, Definition of Categories .....................................................................5A,B 2,3
Prompting Devices .......................................................................................................... 11 18
Protection of Performers................................................................................................ 63 55
Publicity Interviews ........................................................................................................ 50 45
Publicity Stills.................................................................................................................. 51 45
Puppeteers ......................................................................................................................... 1 1
Purposes of Codification - Savings Clause - Title ........................................................ 74 64
Purchasers, Required Records and Reports................................................................. 25 31
Qualified Professional Performer............................................................................. 13,14 13,21
Rates................................................................................................................................ 5C 4
Recognition and Scope of Agreement............................................................................ 68 61
Records and Reports, Required..................................................................................... 25 31
Rehearsal Time...........................................................................................................5D(a) 6
Rental to Industry..........................................................................................................7G 13
Rental/Sale to Public...................................................................................................... 7L 14
Reports Required ............................................................................................................ 25 31
Responsibility of Producer on Sale, Transfer, Assignment......................................... 84 67
Rest Period....................................................................................................................... 33 37
Restrictions on Use of Programs...................................................................................... 8 15
Retakes.............................................................................................................. 5C(1)(c),55 5,46
Reuse of Film or Videotape............................................................................................ 89 72
Right to Terminate.......................................................................................................... 78 64
Rules of Construction ..................................................................................................... 75 64
Safety of Equipment, Stunts................................................................................63 E,F,G 55
Section Page
Sale to Industry ..............................................................................................................7G 13
Sale to Public .................................................................................................................. 7L 14
Saturdays, Sundays, Holidays................................................................................... 34,35 37,38
Scale................................................................................................................................. 5C 4
Scope of Contract............................................................................................................ 68 61
Script, Study of................................................................................................................ 47 44
Scripts .............................................................................................................................. 11 18
Script Lines, Omnies....................................................................................................... 48 44
Security Deposit .............................................................................................................. 77 64
Separability...................................................................................................................... 93 74
Separate Agreement as to Each Producer .................................................................... 72 63
Service of Notice.............................................................................................................. 76 64
Services Borrowed from Loan-out Company............................................................... 82 66
Settlements, Indemnification.......................................................................................87G 71
Silent Part, Unrecorded........................................................................................5C(1)(d) 5
Singers
Member Report...................................................................................................25F(2) 32
Rates........................................................................................................................... 5C 4,5
Social Security, Withholding, Unemployment, Disability,
Insurance Taxes ................................................................................................... 5G(3) 10
Song and Story Conferences .......................................................................................... 46 44
Smoke Work.............................................................................................................. 63J,N 56,57
Special Abilities, Appearances, Preference of Employment ................................13D(4) 20
Specialty Acts, Preference of Employment............................................................13D(1) 20
Standard Employment Contract Form..............................................................Exhibit I 77
Standing Committee, Industry Union ........................................................................... 85 68
Story, Song, Production Conferences............................................................................ 46 44
Strikes .............................................................................................................................. 69 61
Studio Saturdays ............................................................................................................. 34 37
Studio Zones ..................................................................................................................56F 48
Study of Lines or Script.................................................................................................. 47 44
Stunt Adjustment................................................................................................25F(4),63 32,55
Stunt Doubling ............................................................................................................. 21D 25
Stunt Driving ..................................................................................................................63I 56
Subcontracting Work ..................................................................................................... 94 74
Subsequent Calls for Retakes, etc.................................................................................. 55 46
Sunburn ........................................................................................................................ 63K 56
Supervision, Minors......................................................................................................62F 53
Supplemental Use.............................................................................................................. 7 12
Sunday Work................................................................................................................... 34 37
Taxes, Withholding................................................................................................... 5G(3) 10
Telephone Access, Usage ..............................................................................................59F 50
Television Use.................................................................................................................... 7 12
Temperature Controlled Area ................................................................................64B(5) 58
Term of Contract ............................................................................................................ 67 61
Terminate, Union Right to ............................................................................................. 78 64
Territorial Areas, Scope of Contract............................................................................. 68 61
Theatrical Exhibition..................................................................................................... 7C 12
Section Page
Thirty-Day Rule .............................................................................................................. 12 18
Title of Agreement .......................................................................................................... 70 63
Transfer of Rights - Assumption Agreement................................................................ 84 67
Transfer of Non-signatory.............................................................................................. 84 67
Transferees, Required Records and Reports................................................................ 25 31
Transportation ................................................................................................................ 56 46
Travel ............................................................................................................................... 56 46
Treatment of Animals..................................................................................................... 39 40
Treatment of Performers, Non-Discrimination............................................................ 21 25
Trust Funds, Pension and Health .................................................................................... 6 10
Undisputed Amounts, Payment of...................................................................... 5G(2)(b) 9
Unemployment, Social Security, Withholding, etc................................................. 5G(3) 10
Union as Ex-officio Party to Arbitration ...................................................................... 81 65
Union Membership ......................................................................................................... 12 18
Union Responsibility....................................................................................................... 88 71
Union Right to Examine Producer Contracts ........................................................... 25D 31
Union Right to Terminate .............................................................................................. 78 64
Union Security............................................................................................................ 12,14 18,21
Union Standards.............................................................................................................. 94 74
Upgrade of Extra Players............................................................................................... 49 45
Vehicle Drivers, Stunts, Stunt Driving.........................................................................63I 56
Verification and Auditing, Required Records and Reports..................................... 25D 31
Videotape ........................................................................................................................... 2 1
Voice, Individual Test..................................................................................................... 23 28
Waiver as to Certain Non-Professional Persons .......................................................... 18 24
W-4 Forms .................................................................................................................... 22E 27
Wardrobe Allowance, Wardrobe Tests.................................................................... 42,44 42,43
Weather Permitting Calls............................................................................................... 37 39
Withholding Taxes.................................................................................................... 5G(3) 10
World''s Fairs, etc. .............................................................................................................4 2
Women, Non-Discrimination ......................................................................................... 21 25
Work on Holidays ........................................................................................................... 35 38
Work Time, Definitions and Exceptions ....................................................................... 40 40
Writer as Performer ................................................................................................20B(2) 25
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Producers - Screen Actors Guild
2002
Codified Industrial and Educational Contract
Agreement made by and between Screen Actors Guild, Inc., a California non-profit corporation, herein called the
"Guild," and ___________________________________, herein referred to as "Producer."
GENERAL PROVISIONS
1. COVERAGE
This agreement sets forth minimum wage scales and working conditions for all persons whose performances
are utilized in any manner in the production of Industrial/Educational programs including those who speak,
act, sing or in any other manner perform as talent as such term is used and understood in the
Industrial/Educational program industry (including voice performers, narrators, commentators, singers,
dancers, background actors, stuntpersons, airplane pilots and those who operate hand- or string-manipulated
puppets or marionettes or speak in connection with such operation) and members of the public who participate
on a testimonial or interview basis, all herein referred to as "Performers" (see Section 18 for exclusions). Such
programs shall include but not be limited to non-theatrical programs (industrial programs, programs made for
non-profit religious organizations, documentary programs, sales programs, educational and training programs,
public relations programs, etc., i.e., programs intended for exhibition where no admission is charged). This
does not include, however, programs produced for initial or primary exhibition over television, other than
closed circuit television.
2. DEFINITION OF A PROGRAM
The term "industrial/educational program" as used herein means and includes and has always meant and
included industrial programs whether on or by film, magnetic tape, soundtracks, videotape, videodisc or
videocassettes, cartridges or otherwise, and whether produced by means of motion picture cameras, electronic
cameras or devices, tape devices or any combination of the foregoing, or by any other means alone or with
still photographs, animated displays, sales promotions, amusement or entertainment at locations such as
meetings, conventions, points-of-sale, public displays, churches, classrooms, seminars or any other site or
location, or transmitted by laser or any other photo transmission equipment. A program produced for multiple
sales or multiple client usage shall be designated as a generic program.
Except as defined in Section 7F (Integration and/or Customization), a program is defined as
industrial/educational material produced for one client on a single subject and released as a package.
Nonetheless, if a program, though on a single subject, consists of distinct units from the standpoint of their
design and intended use, then each such unit shall be considered and paid for as a separate program.
Example A: A package entitled "Countries of South America" which is divided into
separate units such as: "Chile," "Argentina," "Brazil," etc.; each unit shall
be paid for as a separate program.
Example B: A package entitled "Trouble Shooting Hydraulics" which consists of
separate units such as: "Use of Gauges," "Checking Hose Connections,"
"System Pressures," etc.; shall be paid for as a single program.
-2-
3. COMMERCIALS FOR TELEVISION
A. This agreement covers performers employed in industrial/educational programs only and shall not
apply to performers employed in commercial spots whose employment is covered by a separate
agreement know as the Screen Actors Guild 2000 Commercials Contract (or any agreement in
modification or extension thereof or in substitution therefor). The foregoing shall apply only if
performer is recognizable.
B. No part of the photography or sound track of an industrial program can be used either as a "lift,"
"still" or otherwise as a whole or as a part of a commercial message or spot without first obtaining the
written consent to such use from each performer involved and without compensation to each
performer in accordance with the provisions of the Screen Actors Guild 2000 Commercials Contract
(or any agreement in modification or extension thereof or in substitution therefor). The provisions of
this subsection shall not limit producer''s right to use picture or soundtrack in exploiting picture.
4. WORLD''S FAIRS, ETC.
This agreement does not apply to nor fix the terms and conditions for the making of programs to be exhibited
at world''s fairs, world trade exhibitions or the like. Should a producer desire to make a program which is to be
so exhibited the producer will, prior to beginning production of such program, negotiate with the Guild with
respect to the terms and conditions under which the performers are to render services in the making thereof.
5. MINIMUM RATES, CATEGORIES
Each program produced under this agreement shall be designated as Category I or Category II in accordance
with the following descriptions and examples:
A. CATEGORY I
Category I programs are designed to train, inform, promote a product or perform a public relations
function, and may be exhibited in classrooms, museums, libraries or other places where no admission
is charged. Included are closed circuit television transmissions (such as direct broadcasts by
satellites) and teleconferences. Included also are sales programs which are designed to promote
products or services of the sponsor, but which will be shown on a restricted basis only.
Examples:
1. A program designed to inform salespersons of the features of automobiles sold in their
dealership.
2. A program promoting fire prevention which does not attempt to sell a particular
company''s fire insurance policies.
-3-
B. CATEGORY II
Category II programs are intended for unrestricted exhibition to the general public. Category II
programs must be designed primarily to sell specific products or services to the consuming public:
(a) at locations where the products or services are sold, or
(b) at public places such as coliseums, railroad stations, air or
bus terminals, or shopping centers.
Category II programs may be supplied free of charge to customers as a premium or inducement to
purchase specific goods or services.
Category II programs may be used in all Category I use areas without additional fees.
A 5-year use limitation applies to all Category II programs.
Examples:
1. A program outlining the selling features of an automobile which is available to all
consumers entering automobile dealerships.
2. A program promoting fire prevention which sells the benefits of a particular company''s
fire insurance policies and is exhibited in a shopping mall.
3. A videocassette explaining how to build a recreation room, provided free of charge to
anyone who buys a power drill.
4. A videocassette on how to cook with a Chinese wok, provided free of charge to buyers of
a home videocassette recorder.
C. MINIMUM COMPENSATION, FEES PER PROGRAM
-4-
5/1/02-10/31/03 11/1/03-4/30/05
1. Principal Performers Category I Category II Category I Category II
a. On-Camera
Day Performer (Actor orStunt) $423.00 $526.00 $440.00 $547.00
Half Day Performer
(4 hours only; many restrictions apply) 275.00 342.00 286.00 355.50
3 Day Performer 1,064.00 1,312.00 1,106.50 1,364.50
Weekly Performer (5-day week) 1,485.00 1,839.00 1,544.50 1,912.50
(Overnight location only, 6-day week) 1,634.00 2,023.00 1,699.50 2,104.00
Choreographed Dancer, Swimmer
Skater, etc.
Per Day: Solo/Duo 378.00 471.00 393.00 490.00
Group 316.00 396.00 328.50 412.00
3-Day: Solo/Duo 905.00 1,132.00 941.00 1,177.50
Group 760.00 949.00 790.50 987.00
Weekly: Solo/Duo 1,509.00 1,886.00 1,569.50 1,961.50
Group 1,266.00 1,582.00 1,316.50 1,645.50
Singer, per day
Solo/Duo 423.00 526.00 440.00 547.00
Group 255.00 315.00 265.00 327.50
Step Out 319.00 394.00 332.00 410.00
Contractor – 50% additional
A contractor shall be employed when singers (in a group of 3 or more) are to be employed. The
contractor shall be a member of such group except in those cases where the sex of the group precludes the
utilization of the contractor’s singing services.
5/1/02-10/31/03 11/1/03-4/30/05
On- Camera Narrator/Spokesperson Category I Category II Category I Category II
First Day $769.00 $911.00 $800.00 $947.50
($423+346) ($526+385) ($440+360) ($547+400.50)
Each Additional Day 423.00 526.00 440.00 547.00
On-Camera Narrators or Spokespersons are performers who perform on camera and whose primary
function is to explain, demonstrate, instruct or promote, substantially in monologue. No more than two (2)
performers shall be employed as On-Camera Narrators/Spokespersons in any program under this Contract.
However, nothing in this Agreement shall be deemed to prevent any Performer from negotiating for and/or
obtaining better terms than the minimum terms provided for herein.
5/1/02-10/31/03 11/1/03-4/30/05
b. Off-Camera Category I Category II Category I Category II
Day Performer (Voice Over)
-5-
First Hour $346.00 $385.00 $360.00 $400.50
Each additional half-hour 101.00 101.00 105.00 105.00
Singer, per hour
Solo/Duo 227.00 255.00 236.00 265.00
Group 151.00 171.00 157.00 178.00
Step Out 189.00 214.00 196.50 222.50
Contractor – 50% additional
A contractor shall be employed when singers (in a group of 3 or more) are to be employed. The contractor
shall be a member of such group except in those cases where the sex of the group precludes the utilization of
the contractor’s singing services.
c. Retakes – Voice-Over Performers Only
Retakes are limited to thirty (30) minutes in-studio time per program. Any time beyond thirty (30) minutes
shall require a full session fee. In the event the entire script is rerecorded (regardless of the number of lines),
the full session fee shall be paid to the performer. If the "call back" occurs later than 60 days after the original
recording session, the performer shall receive the full session fee. The partial script retake rate shall only be
used for the purpose of script adjustments and correction of errors provided that neither the nature of the
program nor intended audience is altered.
5/1/02-10/31/03 11/1/03-4/30/05
Category I Category II Category I Category II
Entire Script, First Hour $346.00 $385.00 $360.00 $400.50
Entire Script, each additional half-hour 101.00 101.00 105.00 105.00
Partial Script, within 60 days, 188.00 188.00 195.50 195.50
30-minute session
d. Unrecorded Silent Part
The playing of an Unrecorded Silent Part by a Performer shall be covered by and be subject to this
Agreement. The definition of an Unrecorded Silent Part is the playing of individual foreground action in
close shots in a specific role and/or with ad-lib dialogue indicating the action of the story, an appearance in
two (2) or more scenes illustrating the story line, or the playing of an individual character identified by
narration or by another character, or the playing of an individual character identified with the product. The
Performer playing an Unrecorded Silent Part shall be paid as an On-Camera Day Performer.
2. Background Actors
5/1/02-10/31/03 11/1/03-4/30/05
a. Daily Rates Category I or II Category I or II
General Background Actor $110.00 $114.50
Special Ability Background Actor 121.00 126.00
(Including Stand-in, Photo Double)
Silent Bit Background Actor 206.00 214.00
The rates listed above shall apply to the first ten (10) background actors employed per day for each
industrial program produced.
This provision shall end automatically with the termination of this agreement (“sunset clause”).
-6-
(3) WEEKLY RATES
The salary for background actors employed by the week shall be five times the minimum daily rates
as specifically set forth above. Background actors employed by the week are guaranteed a minimum
of five (5) consecutive days. After this minimum guarantee has been fulfilled, producer may
continue the employment on a pro rata basis for each non-premium day of work beyond the
guaranteed week at one-fifth (1/5) of the weekly rate.
However, the sixth and seventh days of work shall be compensated at double the daily rate.
(4) The workweek for daily background actors shall be the established payroll week of the producer
consisting of seven (7) consecutive calendar days starting at midnight on Saturday.
The workweek and payroll week for background actors employed by the week shall commence with
the first day of employment.
(5) The guarantee of employment for daily employees shall be one (1) day''s pay for eight (8) hours.
The foregoing guarantee is subject to rights of cancellation as provided in Section 24F.
D. HALF-DAY ENGAGEMENT
Half-day engagement, which can be utilized only once per performer per program, is limited to the
following circumstances:
(a) rehearsal time (no photography) of four consecutive hours or less provided a firm date for
the subsequent workday(s) is given at the time of booking, or
(b) day performer roles which can be completed within four hours of work time.
(c) call times(except for travel) are limited to:
(i) Morning Call - must end by noon
(ii) Afternoon Call - no earlier than 1:00 p.m.
(iii) Evening Call - any four (4) consecutive hours
provided work ends by midnight
The producer may engage the performer for up to four consecutive hours of rehearsal time or work
time at no less than 65% of the day performer minimum scale or 65% of the performer’s pr-rata
single day rate, whichever is higher. Any travel time which causes the total workday to exceed four
(4) hours shall be paid at straight time based upon the performer’s full day rate (100%).
Any extension of the half-day beyond four (4) hours is subject to the performer’s consent at the time
of extension and shall be paid at no less than an additional 65%, bringing the rate for the full eight
(8) hours to no less than 130%. Any overtime beyond eight (8) hours of work will then be computed
at time and one-half or double time, as appropriate, on the 130% base rate. All required meal
periods will be observed.
-7-
No half-day engagement (other than rehearsal) shall be continued for additional days unless the
performer receives at least 100% for the half-day. However, if a mechanical failure (i.e., camera
inoperative, power loss, etc.) occurs within the first four (4) working hours and thereby causes a
continuation on an additional day, the requirement for 100% payment for the half-day shall not
apply. Any extension of half-day engagement is subject to the performer’s consent at the time of
extension.
For 3-day performers or weekly performers, only the half-day rehearsal rate may be used. When
booked for a half-day rehearsal, the performer’s guarantee is increased by one-half day.
This provision shall not apply to dancers, background actors, on-camera narrators/spokespersons and
stunt performers.
EXAMPLES
1) Within the studio zone, performer is booked for a half-day or rehearsal for Monday
with a firm booking for a full workday the following Thursday.
Payment due: Monday - 4 hours - 65%
Tuesday - No hours.- 0%
Wednesday - No hours - 0%
Thursday - 8 hours - 100%
Total Due: 165%
2) Within the studio zone, performer is booked for a half-day of rehearsal for Monday
with a firm booking for four (4) hours of work for the following Thursday.
Payment due: Monday - 4 hours - 65%
Tuesday - No hours.- 0%
Wednesday - No hours - 0%
Thursday - 4 hours - 100%
Total Due: 165%
3) Outside the studio zone, performer is booked for a half-day of work for Monday. The
performer travels one (1) hour to the worksite, works four (4) hours and travels one (1)
hour to return.
Payment due:
Monday - 4 hours work - 65%
2 hours travel (2/8ths of 100%) - 25%
Total Due: - 90%
4) Same as example #3 above except the work is not completed after four (4) hours and
performer agrees to return on Thursday. On Thursday, performer travels one (1) hour
to the worksite, works two (2) hours and travels one (1) hour to return.
Payment due:
Monday - 4 hours work - 65%
2 hours travel (2/8ths of 100%) - 25%
Continuation Step-up fee - 35%
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Tuesday - No hours - 0%
Wednesday No hours
Thursday - 2 hours work - 100%
2 hours travel
(included in 8- hour day)
Total Due: 225%
5) Same as example #4 above except performer agrees to work an additional four (4)
hours on Monday and agrees to return on the following Thursday.
Payment due:
Monday - 1
st
4 hours - 65%
2
nd
4 hours - 65%
2 hours travel (2/8ths of 100%) - 25%
Tuesday - No hours - 0%
Wednesday - No hours - 0%
Thursday - 2 hours work - 100%
2 hours travel
(included in 8-hour day)
Total Due: 255%
E. OFF-CAMERA NARRATION
An on-camera performer who gives an off-camera narration other than as the character portrayed on-
camera shall be paid a full additional off-camera wage for such narration.
F. DOUBLING AND DUBBING
(1) Doubling: Any performer of any category shall be paid full additional fees applicable to
each double. Principals (narrators, principals, soloists and duos) may not double without
additional full principal fees. It shall not be a double if a soloist or duo speaks in character
or an actor sings in character.
(2) Dubbing: Producer agrees that it will not "dub" the voice of day performers employed at a
rate of $616 ($640.50 effective 11/1/03) or more per day or of 3-day performers or of
weekly performers at any wage rate without such performer''s written consent, except that
producer shall have the right to dub under the following circumstances:
(a) when necessary to meet expeditiously the requirements of foreign exhibition or
domestic exhibition in a foreign language; or
(b) when the principal performer is not available; or
(c) when the principal performer fails or is unable to meet certain requirements of the
role, such as singing or the rendition of instrumental music or other similar services
requiring special talent or ability other than that possessed by the principal
performer; or
(d) when the principal performer is physically unable to speak.
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The principal performer agrees that under any of the conditions set forth above, producer
shall have the right to dub the voice of the principal performer and all instrumental, musical
and other sound effects to be produced by the principal performer to such extent as may be
required by producer.
G. PAYMENT
(1) Payment must be mailed by producer to the performer or to the performer''s designated
representative (at performer''s option) not later than thirty (30) calendar days following the
day(s) of employment. All supplemental use payments shall be due and payable within
thirty (30) calendar days after initial exhibition of the program in any supplemental markets
or uses as indicated in Section 7 A. through M. All payments of compensation for the
services of performers hereunder shall be made by check to the performer entitled thereto,
as provided in this agreement. A check voucher or statement shall accompany each check
and shall contain complete information identifying the program(s), client(s), employment
date(s) as well as unemployment insurance information, including employer of record,
employer''s address, state in which unemployment insurance is filed and state identification
number.
(2) Liquidated Damages for Late Payment
(a) In the event producer fails to make timely payment, as herein provided, the
following cumulative liquidated damage payments shall be due and payable to the
performer for each day, beginning with the day following the date of default: $3.00
per day up to thirty (30) days (excluding Saturdays, Sundays and holidays), to a
maximum of $90. Thereafter, the liquidated damages payment shall cease to
accrue unless either the Guild or the performer gives written notice to producer of
non-payment. In the event such notice is given and full payment, including
accrued liquidated damages, is not made within 12 working days thereafter, the
producer shall be liable for an immediate additional liquidated damages payment
of $75 plus further liquidated damage payments at the rate of $5 per day from the
date of the receipt of notice of non-payment, which shall continue without
limitation as to time until the delinquent payment together with all liquidated
damages is fully paid. Such liquidated damages shall be in addition to any and all
other remedies which the Guild may have against producer under this agreement.
(b) In the event of a claim, any undisputed sums due and payable to the performer
shall nevertheless be paid within the time periods specified in this agreement.
Failure to make timely payments shall activate the liquidated damages provision
above.
(c) Liquidated damages for late payment shall begin to accrue twelve business days
after the settlement of a disputed claim.
(d) In the event producer fails to make timely payments as required hereunder, the
Guild may, by written notice, require the payments to be sent to performers in care
of a designated Screen Actors Guild office.
(3) Social Security, Withholding, Unemployment and Disability Insurance Taxes
All compensation paid to performers covered by the agreement for or in connection with
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the making and use of Industrial Educational programs constitutes wages and as such is
subject to Social Security, withholding, unemployment insurance taxes and disability
insurance taxes. Producer and others who assume the contractual obligation to make such
payments shall also make the required payments, reports and withholding with respect to
such taxes.
Employers must honor a performer''s request that taxes be withheld over a longer payroll
period (i.e., by a more favorable tax withholding schedule). Producer shall attach
appropriate forms for this purpose to performer''s contract.
H. PROHIBITION AGAINST CREDITING
Any performer who is engaged to perform services at scale, or under terms or conditions over and
above the minimum scales, terms or conditions provided for in this agreement, shall nevertheless
have the protection and benefits of all other provisions and conditions set forth in this agreement.
Further, no compensation paid to a performer for services in excess of the minimum may be credited
against overtime, penalties or any other compensation due the performer.
6. CONTRIBUTIONS TO PENSION & HEALTH PLANS
A. Producer shall become a party to the "Screen Actors Guild-Producers Pension Plan for Motion
Picture Actors" and "Screen Actors Guild-Producers Health Plan for Motion Picture Actors" and
shall contribute to the Plans amounts equal to 13.30% of all gross compensation as herein defined
with respect to programs produced during the period from May 1, 2002 through April 30, 2005. The
producer shall contribute (0.30%) of "gross compensation" as defined in this subsection 6A. to the
Screen Actors Guild/Producers Industry Advancement and Cooperative Fund. For convenience,
producer shall include the 0.30% contribution with the 13.30% contribution for Pension and Health.
The term "gross compensation" as used in this subsection 6A means all salaries, fees and other
compensation or remuneration including television use fees, foreign television and theatrical use
payments; excluding, however, payments for meal period violations; rest period violations; traveling,
lodging, or living expenses; liquidated damages for late payments; flight insurance allowance;
reimbursements for special hairdress or for wardrobe maintenance or damage, but without any other
deductions whatsoever. Such term also includes amounts paid to an employee
with respect to services as a performer (including compensation paid as salary settlements) whether
or not any services were performed.
B. All contributions shall be allocated between the Pension and Health Plans as determined by the Plan
trustees, and will be subject to reallocation from time to time in accordance with the determination of
the trustees based on actuarial studies.
C. If, during the term of this agreement, the Guild negotiates a higher rate of employer contributions
than 13.30% with the AMPTP or any successor organization, for its theatrical and television film
contracts, this agreement may be reopened for negotiations with respect to Pension and Health
contributions only.
D. It is understood that the Pension and Health Plans are industry-wide and open to all producers and
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advertising agencies signatory to any of the Guild''s collective bargaining contracts or Letters of
Adherence thereto which provide for payments to the Plans as above set forth. By signing a Letter
of Adherence to the Trust Agreement hereinafter referred to and upon acceptance by the trustees,
producers and advertising agencies shall be deemed bound by the terms and conditions of the Plans
and to have appointed the producers trustees and alternate trustees previously appointed.
E. The funds contributed to the Pension Plan and the Health Plan shall be trust funds and shall be
administered under the Screen Actors Guild-Producers Pension Plan Trust Agreement, and the
Screen Actors Guild-Producers Health Plan Trust Agreement, both dated February 1, 1960, which
agreements and Declarations of Trust shall become part of the collective bargaining contract. The
Trust Fund for the Pension Plan shall be used solely for the purpose of providing pension benefits
for employees covered by the Guild''s collective bargaining contracts in the motion picture industry
who are eligible for benefits under the Pension Plan, and for expenses in connection with the
establishment and administration of such Pension Plan. The Trust Fund for the Health Plan shall be
used solely for the purpose of providing welfare benefits for employees covered by the Guild''s
collective bargaining contracts in the motion picture industry who are eligible for benefits under the
Health Plan and, in the discretion of the trustees, for their families and for expenses in connection
with the establishment and administration of such Health Plan.
The trustees shall determine the form, nature and amount of Pension and Health benefits
respectively, the rules of eligibility for such benefit, and the effective dates of such benefits.
F. The Plan of pension benefits shall be subject to the approval of the Internal Revenue Service as a
qualified Plan. If any part of the Plan is not approved, the Plan shall be modified by the trustees to
such form as is approved by the Internal Revenue Service.
G. The Declarations of Trust shall provide that no portion of the contributions thereof may be paid or
revert to any producer.
H. Producers and advertising agencies shall furnish the trustees of each Plan, upon request, with the
required information pertaining to the names, job classification, Social Security numbers and wage
information for all persons covered by the agreement together with such information as may be
reasonably required for the proper and efficient administration of the Pension Plan and the Health
Plan, respectively. Upon the written request of the Guild to the producer, such information shall also
be made available to the Guild.
I. No part of the producer''s contributions to such Plans may be credited against the performer''s
overscale compensation or against any other remuneration that the performer may be entitled to no
matter what form such other remuneration may take nor shall such contributions constitute or be
deemed to be wages due to the individual employees subject to this agreement, nor in any manner be
liable for or subject to the debts, contracts, liabilities or torts of such employees.
7. SUPPLEMENTAL USE
Producer may acquire the following additional exhibition rights upon payment of the amounts listed below.
"Total Applicable Salary" and "Total Actual Salary" are defined as follows:
Total Applicable Salary
In the case of a day performer or 3-day performer, the Total Applicable Salary shall be computed by
multiplying the total number of days of the performer''s employment by the salary paid for each of
such days, excluding overtime, but in the event that performer was employed at a regular daily rate
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in excess of 150% of the applicable minimum daily rate, the amount above 150% is not to be
included in the computation.
In the case of a weekly performer, the Total Applicable Salary shall be computed by multiplying the
total number of weeks of the performer''s employment by the salary paid performer for each of such
weeks, excluding overtime, and adding thereto the total sum paid for additional days worked by
performer, if any, but in the event that performer was employed at a regular weekly rate in excess of
150% for any additional day, the amount above 150% is not be included in the computation.
Total Actual Salary
"Total Actual Salary" is defined as Total Applicable Salary without the 150% limitation.
Withn Beyond
90 Days 90 Days
A. BASIC CABLE TELEVISION USE (Worldwide)
Three years'' use 15% of Total 65% of Total
Actual Salary Actual Salary
The above-listed rates also include programs of ten minutes or less which may be used as "fillers" on
pay cable television. The three-year use period commences with the first such exhibition.
A single renewal of the use period can be obtained at the producer''s option provided the performer
receives written notice at least 60 days prior to the end of the initial use period and is paid an
additional fee of not less than the amount of the original fee for basic cable use. A second renewal
period shall be subject to separate bargaining with the performer at the time of such renewal and at
terms not less than those listed above.
B. NON-NETWORK TELEVISION (U.S. and Canada)
Unlimited Runs 75% of Total 125% of Total
Applicable Salary Applicable Salary
C. THEATRICAL EXHIBITION (Worldwide)
Unlimited Runs 100% of Total 150% of Total
Applicable Salary Applicable Salary
Withn Beyond
90 Days 90 Days
D. FOREIGN TELEVISION (Outside of U.S. and Canada)
Unlimited Television Rights 25% of Total 75% of Total
outside USA and Canada Applicable Salary Applicable Salary
E. INTERNET USE
Five years’ use
33% of Total 50% of Total
Applicable Salary Applicable Salary
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F. INTEGRATION AND/OR CUSTOMIZATION
Integration is the inclusion of any photography and/or sound track from a program in one or more
additional programs. A program is defined as industrial/educational recorded material produced for
one client on a single subject and released as a package. If a program, though on a single subject,
consists of distinct units from the standpoints of their design and intended use, then each such unit
shall be considered and paid for as a separate program. This foregoing definition specifically does
not apply to sections of an interactive video disc program that may appear to be many programs due
to the way viewers call up various sections.
Customization is the modification of a program''s content, logo, or corporate ID for a different client
by means of audio, video or graphics. Only performers whose services are in the resulting new
program(s) so integrated and/or so customized shall be paid. There shall be no limit to the number of
programs that may be created under this Section.
Integration and/or customization fees shall be based upon the performer''s Total Applicable Salary.
Performers who revise such programs at the original session or are recalled to revise such programs
shall be paid per program fees at not less than the on-camera or off-camera rates, as appropriate.
Performers whose performances are utilized in subsequent programs by means of customization or
integration will be entitled to only one payment for the unlimited use of the program or parts thereof
in which they were originally employed.
Payment to the performer of the integration/customization fee shall entitle producer to sell and/or rent
the program to industry without additional payment (see Section 7G).
Integration and/or 100% of Total 100% of Total
Customization Applicable Salary Applicable Salary
G. SALE AND/OR RENTAL TO INDUSTRY
Payment of the sale/rental to industry fee specified in this section shall not be required if performer
has received the integration/customization fee for such program (see Section 7F).
Sale and/or Rental 15% of Total 25% of Total
to Industry Applicable Salary Applicable Salary
Examples:
i. A program on personal hygiene distributed to hospital employees;
ii. A program on updated taxes distributed to accountants;
iii. A program on a tooth whitening (bleaching) procedure distributed to dentists.
H. The rights described in subsections A, B, C, D, E, F and G above may be acquired as a group within
90 days of completion of principal photography by payment of 200% of Total Applicable Salary.
Withn Beyond
90 Days 90 Days
I. CATEGORY II USE AS SUPPLEMENTAL
Category II Use Rights 50% of Total 100% of Total
for Category I Programs Applicable Salary Applicable Salary
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J. NETWORK TELEVISION
Network television rights are available only by negotiation with and approval of Screen Actors
Guild. Unless these rights are specifically denied by the performer to the producer at the time of
initial hiring, the performer shall be bound to the terms and conditions agreed to by the Guild. Such
denial of rights shall be indicated on the performer''s contract.
For the term of this agreement "network television" shall be limited to ABC, CBS, NBC and Fox.
K. PAY CABLE TELEVISION
Pay cable television rights are available only by negotiation with and approval of Screen Actors
Guild. Unless these rights are specifically denied by the performer to the producer at the time of
initial hiring, the performer shall be bound to the terms and conditions agreed to by the Guild. Such
denial of rights shall be indicated on the performer''s contract.
L. SALE OR RENTAL TO GENERAL PUBLIC
Performer shall receive actual session payment plus no less than 200% of scale for the number of
days worked as compensation for the sale and or rental of a program to the general public (over-the-
counter rights).
M. DANCERS
Group dancers total supplemental use payment is subject to a ceiling of 50% of total applicable
salary. Solo/duo dancers receive supplemental use payment without ceiling.
N. PROGRAMS FOR GOVERNMENT SERVICE
Producer may acquire non-network television, theatrical and foreign television rights for programs
produced for government service by payment of 40% of performer''s Total Applicable Salary within
90 days of the completion of principal photography.
O. When any performer''s regular daily rate is three-and-one-half (3?) times the applicable daily
minimum or more, the performer may agree that such compensation includes the rights described
above in this Section 7, provided that such agreement is stated in the performer''s contract.
8. RESTRICTIONS ON USE OF PROGRAMS
A. INITIAL PRIMARY USE
Each program shall be designated by producer as intended for primary initial use in either Category I
or Category II as defined in Section 5.
B. EXPANDED USE BEYOND ORIGINAL CATEGORY
(1) Producer may obtain Category II use rights for a program produced for Category I use (see
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Section 7I).
(2) Producer has the right to Category I use of Category II programs without additional
payment to performers.
9. BACKGROUND ACTOR DEFINITIONS
A. GENERAL BACKGROUND ACTOR
(1) The general background actor rate shall be applicable for the performance of ordinary
business including normal action, gestures and facial expressions portraying the functions
of the background actor performer assignment. Ordinary business does not include work
requiring additional compensation as hereinafter provided.
(2) A general background actor required to do photographic doubling shall be paid the special
ability background rate.
B. SPECIAL ABILITY BACKGROUND ACTOR
(1) The special ability rate shall be paid to background actors who possess special ability and
who are specifically called or assigned to perform work requiring such special ability.
Special ability shall include but is not necessarily limited to the following areas of special
skill:
Riding horses, driving horses, handling livestock, non-professional singing (excluding
atmospheric singing in groups of more than 16), mouthing to playback in groups of sixteen
or less, professional or collegiate type athletic sports (water polo, polo, football, basketball,
baseball, tennis, golf), sports officiating, riding or handling camels or elephants, amputees,
motorcycle driving, insert work and practical card dealing.
(2) Nothing in this agreement shall prevent any special ability background actor from
negotiating and obtaining from the producer better conditions and terms of employment
than those herein provided.
(3) Dancing and skating special ability background actors doing lifts, throws, catches and falls
shall be graded upward in accordance with the work performed.
(4) A special ability background actor assigned to do photographic doubling shall receive, in
addition to the basic rate, the difference between the general background actor rate and the
special ability rate.
(5) Any swimmer shall not be required to go in the water within thirty (30) minutes following a
meal.
C . SILENT BIT
Where a background actor is directed to and does satisfactorily rehearse or perform pantomime of
such significance that it portrays a point essential to the staging of the scene involved, such
performance shall constitute a "silent bit."
D. REST PERIODS
All background actors shall have at least five (5) minutes of rest during each hour of actual rehearsal
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or shooting but if the scene being rehearsed or shot is of a continuing nature such rest period may be
cumulated to be not less than ten (10) minutes during each two (2) hours of such continuing rehearsal
or shooting.
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Producers - Screen Actors Guild
2002
Codified
Industrial and Educational
Contract
-17-
PRE-PRODUCTION / CASTING
10 CASTING AND AUDITIONS
Casting which is done outside the production offices shall be conducted on a businesslike basis with regular
business hours and telephone service.
A. Audition Information - Disclosure of Intended Program Use
The employer shall inform all performers at the time of audition whether the program is being
produced for a sole client or is intended for multiple client usage or multiple sales (Generic Use).
B. Any audition must be scheduled by producer for a specific time and the performer or performer''s
representative notified thereof. A call to the performer''s representative shall be deemed sufficient.
C. If, at either a first or second audition, the performer is required to remain for more than one hour
from the time of call or arrival, whichever is later, the performer shall be compensated for all time on
said call in excess of one hour, at straight time, in half-hour units, at the rate of 1/16 of the day
performer rate per unit.
D. For the third and each subsequent audition, the performer shall be paid a minimum of 1/8 of the day
performer rate. For all time in excess of one hour, the performer shall be paid at straight time in half-
hour units, at the rate of 1/16 of day performer rate per unit.
E. Pension and Health contributions shall be paid on all compensation payable to the performer
hereunder for the third and all subsequent auditions calls.
F. If for an audition the performer is required to memorize lines which the performer has been given to
learn outside the studio, the performer shall be compensated at one hour of straight time or actual
time required for such audition, in half-hour units, whichever is greater.
G. If there has been no agreed salary before the auditions and if the performer and producer cannot
agree, the salary rate at which the performer shall be compensated for such excess time shall be 1/16
of the minimum day performer rate per half-hour unit.
H. Mass auditions shall be prohibited. In addition, auditions shall be conducted in private.
I. If an audition is videotaped, it is agreed that such videotape audition shall be used only to determine
the suitability of the performer for a specific project.
J. When a performer is given an audition call, the performer shall be given complete information as to
the nature of the role or roles to be cast and the nature of the performance desired and shall also be
advised of unusual working conditions, work involving animals, stunts, hazardous work or
conditions, improvisations or required nudity.
K. Performers shall be provided with scripts or storyboards at time of audition sign-in. An ample supply
of scripts or storyboards shall be available at auditions. In the event there are problems with respect
to the confidentiality of the material, cue cards shall be used.
L. Adequate seating shall be provided at all auditions.
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11. DESCRIPTION OF A ROLE; PROMPTING DEVICES; SCRIPTS; AD LIB WORK
A full and forthright description of the role to be played must be given at the time of audition or interview or,
if there is no audition or interview, at the time of booking (See Section 22). Such description should include
length of performer''s role, use of unusual terminology (chemical, medical, technical, etc.), whether
memorization is required, and whether cue cards or other prompting devices will be used.
When on-camera performer is required to deliver unusual terminology, producer will make every effort to
have a prompting device or cue cards. If the script is not made available to the performer at least 48 hours
prior to the shooting date, producer must have cue cards or a prompting device.
If the performer''s services will include development of a script through so-called "ad lib" work or substantial
embellishment of an existing script through such work, producer must so inform performer or performer''s
representative at the time of audition or interview.
12. UNION SECURITY
Until and unless the union security provisions of the Labor Management Relations Act, 1947, as amended, are
repealed or amended so as to permit a stricter union security clause, it is agreed that during the term of this
agreement, producer will employ and maintain in employment only such persons covered by this agreement
who are members of the Guild in good standing or those who shall make application for membership on the
thirtieth (30th) day following the beginning of employment hereunder or the date of execution of this
agreement, whichever is later, and thereafter maintain such membership in good standing as a condition of
employment. As used herein, the term "Member of the Union in Good Standing" means a person who pays
union initiation fees and dues in accordance with the requirements of the National Labor Relations Act.
In the event that said Act is repealed or amended so as to permit a stricter union security clause, the above
provision shall be amended accordingly. The provisions of this paragraph are subject to said Act.
It is understood that it would be impossible to accurately fix the actual damages suffered by the Guild by
reason of a breach by a producer of the provisions of this Section. It is therefore agreed that the producer will
pay to the Guild, as liquidated damages, the sum of $500 for each breach by the producer of this Section. The
hiring by the producer of a performer in violation of the provisions hereof shall be deemed a single breach,
regardless of the number of days of employment involved in the hiring; but each separate hiring of the same
person in violation hereof shall be deemed a separate breach. Any breach of the provisions of this Section
shall be subject to arbitration between the Guild and the producer.
The producer agrees to report to the Guild in writing within fifteen business days of the first employment of a
non-member of the Guild (or within twenty-five days of the first employment of a non-member of the Guild
on an overnight location), giving the non-member''s name, social security number, and first date of
employment. An inquiry by any producer to the Guild as to the first date on which a performer has been
employed in the Industry shall be answered by the Guild, and its answer shall bind the Guild, and the
producer, if it acts in good faith, shall not be liable for acting on such answer, but the producer who failed to
report shall be liable to the Guild for such failure to report. The inquiry provided for in the preceding sentence
may be made before, on, or one business day after the date of employment.
13. PROFESSIONAL EMPLOYMENT –
PREFERENCE OF EMPLOYMENT: PRINCIPAL PERFORMERS
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A. In recognition of the services performed by professional performers, producer agrees that in the hiring of:
(1) day performers, 3-day performers, stunt performers, singers, puppeteers, background actors,
dancers and airplane and helicopter pilots employed by the day for work to be performed
within the 300-mile, 75-mile, or 50-mile zone, as the case may be, referred to in subsection
C of this Section, and
(2) weekly performers (other than those whose guaranteed compensation for the engagement at
a salary rate which is equal to at least double the minimum scale salary rate for the
applicable type of employment) employed for work to be performed within the 300-mile,
75-mile, or 50-mile zone, as the case may be, referred to in subsection C of this Section,
preference will be given to qualified professional performers in each such zone who are reasonably
and readily available in such zone.
A "qualified professional performer" for the purpose of this Section is a person who has had prior
employment as a performer at least once during the period of three years prior to the date of the
proposed employment.
B. The obligation of the producer to give preference to qualified professional performers as defined in
this Section shall require the employment of a qualified professional performer as so defined in every
hiring of such a performer employed by the day and in every hiring of weekly and three-day
performers (other than those excluded pursuant to subparagraph (2) of subsection A of this Section)
unless no qualified professional performer of the type required is reasonably and readily available to
the producer through the use of the present hiring practices generally and customarily followed by
the motion picture industry in the employment of such performers. If a qualified professional
performer is reasonably and readily available to the producer for employment in the locality where
the producer''s studio is based, such performer shall be deemed available regardless of the place
within the 300-mile, 75-mile, or 50-mile zone, as the case may be, at which the services are to be
performed.
C. For purposes of this Section, the preference zones shall be as follows:
Albuquerque ................................................................75 miles
Atlanta .........................................................................75 miles
Baltimore......................................................................75 miles
Boston ..........................................................................75 miles
Chicago ..................................................................... 300 miles
Dallas ...........................................................................75 miles
Denver ..........................................................................75 miles
Detroit ....................................................................... 300 miles
Hawaii .........................................................................75 miles
Houston .......................................................................75 miles
Kissimmee, Florida .....................................................75 miles
Las Vegas .....................................................................75 miles
Los Angeles .............................................................. 300 miles
Miami ..........................................................................75 miles
Minneapolis/St. Paul ....................................................75 miles
Nashville ......................................................................75 miles
New York ................................................................. 300 miles
Philadelphia .................................................................75 miles
Phoenix ........................................................................75 miles
Portland, OR.................................................................75 miles
San Francisco ..............................................................75 miles
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San Diego ....................................................................75 miles
Seattle ...........................................................................75 miles
Washington, DC ..........................................................75 miles
Wilmington, NC...........................................................75 miles
Seventy-five (75) miles from any new Guild Branch office.
Fifty (50) miles from any production location site utilized
by producer in the United States...................................... For purposes of this
Section, the above Los Angeles 300-mile zone is the area within the radius of 300
miles from the intersection of Beverly Boulevard and La Cienega Boulevard in Los
Angeles, California; the above New York 300-mile zone is the area within a radius
of 300 miles from Columbus Circle in New York; the above 75-mile zones are the
areas within the radius of 75 miles from the center of the designated city or the
location of the Guild Branch office, whichever the case may be; and the 50-mile
zone is the area within the radius of 50 miles from such applicable production
location site.
D. There shall be automatically excluded from the provisions of this Section the following:
(1) Members of a group which is recognized in the trade or by a significant segment of the
public as a "name" specialty group;
(2) A person portraying himself or herself or persons portraying themselves; the exception will
apply in effect to important, famous, well-known, or unique persons or persons of special
skills or abilities, who portray themselves;
(3) Background actors who perform non-scripted lines;
(4) Military or other governmental personnel, where governmental restrictions prevent use of
non-military or non-governmental personnel, as the case may be, in restricted areas or in the
handling of governmental property or equipment; however, the use of military or other
governmental pilots or aircraft shall not be the subject of an automatic waiver, but the facts
shall be presented to the Guild and waivers will be granted in accordance with the
previously established custom in the motion picture industry;
(5) Persons having special skills or abilities, or special unusual physical appearance, where
such skills, abilities, or appearance are required by and are used in the production of the
program, if professional performers having such required skills or abilities or physical
appearance are not reasonably or readily available to the producer through the use of hiring
practices generally and customarily followed by the motion picture industry in the
employment of such performers;
(6) The first employment within the studio zone of a person with respect to whom the producer
presents in writing to the Guild facts showing that the employee (1) has had sufficient
training and/or experience so as to qualify for a career as a professional performer, and (2)
that such employee intends currently to pursue the career of a motion picture performer and
intends to be currently available for employment in the motion picture industry;
(7) Children under the age of eighteen;
(8) The owner of special or unique vehicles or equipment, or an operator appointed by the
owner, if such vehicle or equipment is not available to the producer without employing the
owner or such operator.
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If a performer is employed under one or more of the exceptions provided for in subparagraphs (1),
(2), (3), (4), (5), and (6) of this subsection D, the obligation of the producer to give preference to
qualified professional performers in the cases provided in subsection 1 of this Section shall
nevertheless be applicable to any subsequent employment of such performer by producer.
Producer agrees to report promptly to the Guild each hiring under the provisions of this subsection D
together with the reasons why the person so employed comes within the provisions of this
subsection.
A joint Producer-Guild Committee shall be appointed to resolve claims arising under this Section
between producers and the Guild. If such Committee cannot agree, the claim shall be subject to
arbitration pursuant to Section 81 hereof.
E. It is expressly understood and agreed that nothing in this Section shall alter or modify producer''s
exclusive right to cast any and all performers performing services for producer.
F. It is understood that it would be impossible to fix accurately the actual damages suffered by the Guild
by reason of a breach by the producer of the provisions of this Section. It is therefore agreed that the
producer will pay to the Guild as liquidated damages the sum of $300 for each breach by the
producer of any of the provisions of this Section in the case of performers employed by the day; $400
for each breach by the producer of any of the provisions of this Section in the case of employment of
three-day performers; and $600 for each breach by the producer of any of the provisions of this
Section in the case of employment of free-lance weekly performers. The applicable liquidated
damages shall be doubled in any case of willful misrepresentation or falsification of the facts by the
producer. The hiring by a producer of a person other than a qualified professional performer as
herein defined in violation of the provisions hereof shall be deemed a single breach, regardless of the
number of days of employment involved in the hiring; but each separate hiring of the same person in
violation hereof shall be deemed a separate breach.
The liquidated damages provided for in this Section 13 shall not be compounded with the liquidated
damages provided for in Section 12 hereof.
G. All disputes under this Section shall be determined by arbitration in accordance with Section 81
hereof.
14. PREFERENCE OF EMPLOYMENT: BACKGROUND ACTORS
In recognition of the services rendered to producer by professional background actors who have held
themselves available for employment in the industry, it is agreed that the producer shall give preference of
employment in filling calls for background work to professional background actors.
Only in the event professional background actors are unqualified, are insufficient in number or are not readily
available according to the present general hiring practices to meet the employment needs of the producer, the
producer may secure employees from any other source. Producer agrees that it or its hiring agency will notify
the Guild prior to so securing employees from other sources. If the Guild claims that there are professional
background actors, qualified, sufficient in number and readily available to meet the employment needs of the
producer in accordance with the present general hiring practice of the designated agencies, the producer may
nevertheless hire persons from other sources, but the Guild may submit the dispute to arbitration in accordance
with the arbitration procedure provided herein.
Nothing herein contained shall be construed to limit in any manner the producer''s present exclusive right to
cast background actors and reduce the number of registered background actors.
It is agreed that producer shall give preference in giving call backs and making adjustments to professional
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background actors, except as to those background actors who have been "established" in the scene concerned.
It is understood that it would be impossible to accurately fix the actual damages suffered by SAG by reason of
a breach by the producer of the provisions of this paragraph. It is therefore agreed that, in the absence of any
other mutual agreement regarding liquidated damages for such breach, the claim shall be referred to the
Industry Standing Committee and its decision of such dispute shall be final and binding.
This paragraph is subject to the limitations of Section 1 and the modifications of Section 18 of this agreement.
15. HIRING OF BACKGROUND ACTORS
A. No background actor shall be employed on account of personal favoritism.
B. Rotation of work shall be established to such reasonable degree as may be possible and practicable.
C. No person having authority from the producer to hire, employ, or direct the services of background
actors shall demand or accept any fee, gift, significant services (more than normal courtesy) from an
background actor currently rendering services, or accept other remuneration in consideration of
hiring or employing any person to perform work or services as an background actor or permitting
such person to continue in said employment.
D. Only the producer or its hiring agency shall perform any services in connection with the hiring or
employment of background actors, whether for remuneration or otherwise.
E. Persons employed as members of the casting or producing staff of the producer will neither be
engaged nor utilized as background actors in any programs on which they also render services.
F. Any complaints of alleged breach of any of the provisions of this paragraph shall be resolved in
accordance with the grievance arbitration procedure.
16. UNDIRECTED SCENES, BACKGROUNDS OR PERSONS
A. CROWDS AT PUBLIC EVENTS
Upon specific request of the producer, SAG will grant an automatic and unconditional waiver
whereby the producer may photograph long shots of the normal activities of crowds at public events
numbering 1,000 or more persons. Such event must be publicized or advertised and not staged for
the camera. The event must be open to the general public. The crowd so photographed shall appear
only as atmospheric background except in the case of non-military parades with floats. Such scenes
wherein performers, background actors, or photographic doubles appear may be used in photoplay
only where producer stages one or more tie-in shots using professional background actors in
connection with such scenes. In photography at such public events the activities constituting the
event may appear incidentally to the establishment of the locale and crowds in attendance; provided
that, if one or more tie-in shots using professional background actors are staged by producer in
connection therewith, such event as well as the crowd in attendance may be photographed and used
in long establishing shots. The foregoing limitations shall not apply to non-military parades with
floats.
(1) Members of the public shall not be directed by producer nor notified by producer in any
way that they will appear in a program. Neither reflector nor studio type lights shall be used
by producer in photographing crowds at public events, except that performers and
professional background actors may be highlighted. Sound recording shall not be made in
connection with the photography of such public events, except for a wild or cue track.
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(2) Any person, other than a performer who receives direction from producer, or is required by
producer to wear make-up, costumes or wardrobe, shall be a professional background actor.
Where performers or photographic doubles are used, all persons immediately surrounding
such performers or photographic doubles must be professional background actors.
B. UNDIRECTED SCENES AND UNDIRECTED PERSONS
Upon specific request of producer or its hiring agency, SAG will grant an automatic unconditional
waiver whereby producer may photograph the normal activities of undirected persons as follows:
(1) Such persons may be photographed by a moving or hidden camera subject only to (3)
below;
(2) Such persons may be photographed by a fixed, exposed camera in the following situations,
subject to the limitations of (3) below:
(a) Longshots;
(b) Running shots;
(c) Certain shots of people engaged in their normal pursuits and activities which
would be of production value, but which shots would be of such type or scope or in
such locale as to be impractical to stage at the place of photography;
(d) With respect to directed scenes, such waiver shall not include persons in the
foreground and immediate background to the directed scene;
(e) Any other shots made under mutually agreeable conditions between producer and
SAG.
(3) The above provisions shall be subject to the following:
(a) Street scenes shall not be staged for the purpose of television;
(b) Members of the public shall not receive direction from, or be cued by, producer
other than to pursue their own normal activities, nor shall they be notified that a
program is being made;
(c) Performers and professional extras employed by producer shall not perform any
business with members of the public.
C. INDUSTRIAL OPERATIONS
Upon specific request of producer or its hiring agency, SAG will grant an automatic and
unconditional waiver whereby producer may photograph actual factory production showing workers
engaged in practical operation of technical and complicated machinery.
17. WAIVERS
The Union agrees to promptly consider a waiver of fees for very minor roles requested by the producer, in
those instances in which unusually large casts of performers are utilized.
18. WAIVER AS TO CERTAIN NON-PROFESSIONAL PERSONS
A. The Guild waives the application of this agreement to officers of companies for which the producer
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is making industrial programs, workers in factories, farmers, trade specialists, and persons in like
capacities. This also applies to permanent employees of the companies, who are regularly employed,
and are not by profession entertainers, and who do not engage in entertainment or motion picture
work regularly. Subject to the same qualifications, this would apply to members of fraternal
organizations such as, for example, the Elks. The producer agrees to supply the Guild with full
information about the working of this paragraph from time to time to see it is not being abused.
B. TECHNICAL COMPLICATED EQUIPMENT OR MACHINERY
Upon request, the Guild agrees to grant an automatic and unconditional waiver for the photography
of persons actually operating technical or complicated equipment or machinery, or persons operating
any leased equipment or machinery where the lessor required such rental equipment or machinery to
be operated by his/her designated qualified operator.
The equipment and machinery referred to herein shall include, but not be limited to, publicly owned
fire equipment and water trucks, public transportation buses, large bulldozers, and cranes or valuable
antique and racing cars, etc.
C. ARMED FORCES PERSONNEL
It is contemplated that during the term of this agreement certain photographing of personnel of the
Armed Forces within the applicable background actor zones would be of production value, but which
photographing would be of such type or such scope or in such locale as to be impractical to stage.
The Guild agrees to cooperate with producer in good faith to liberally grant unconditional waivers to
producer for the photographing of such activities.
19. NON-WAIVER OF RIGHTS
The acceptance of payment or other consideration in money, by check, or in any other form, by a member of
SAG, for any work or services under this agreement shall not be deemed a waiver by such SAG member nor
constitute a release or discharge by him/her or such SAG member''s rights either under this agreement or under
any agreement, for additional compensation or of his/her contractual rights. Releases, discharges, notations on
checks, cancellations, etc., and similar devices which may operate as waivers or releases shall be null and void
to the extent provided for above unless SAG''s prior written approval is first obtained.
20. PRODUCTION STAFF
A. Persons employed as members of producer''s casting or production staff will neither be engaged nor
utilized as performers in any programs on which they also render any services on producer''s casting
or production staff without the express consent of the Guild.
B. The only exceptions shall be the following:
(1) animal handlers (appearing in a scene in which they handle animals);
(2) Performer/directors, performer/writers, or performer/producers engaged in written contract
as such prior to the commencement of principal photography of the program;
(3) in an "emergency" on location. "Emergency" is defined as a situation on location in which
a member of the cast cannot perform because of unavailability for any reason.
C. Violations of the foregoing shall require payment of liquidated damages as follows:
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Day Performer / Background Actor................... $300.00
Three-Day Performer ........................................ $400.00
Weekly Performer ............................................. $600.00
21. POLICY OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION/DIVERSITY
A. The parties hereto reaffirm their commitment to a policy of non-discrimination and fair employment
in connection with the engagement and treatment of performers on the basis of sex, race, color,
creed, national origin, age, or disability in accordance with applicable state and federal law, nor shall
any inquiry be made with respect to a performer''s marital status, sexual orientation, national origin,
creed, age or disability.
B. Producer shall cast principal performers in accordance with the above policy in all types of roles,
having due regard for the requirements of, and suitability for, the role so that, for example, the
American Scene may be portrayed realistically. To that end, due regard shall be given to women,
minorities, performers with disabilities and seniors in all aspects of society. The parties agree that the
producer shall retain its exclusive creative prerogatives.
In furtherance of the foregoing, the producer shall make good faith efforts to seek out and provide
audition opportunities for women, minorities, performers with disabilities and seniors.
C. Consistent with the foregoing, every effort shall be made to seek out and include minorities, seniors,
women and performers with disabilities in the casting of each production thereby creating fair, equal
and non-stereotyped employment opportunities. When a role being cast depicts a person with a
specific disability, the Producer agrees to include that fact in the casting specifications and, at the
same time, to notify the Union of such specifications so that performers with a similar disability shall
be informed and given the opportunity to audition for the role starting with the first audition.
Producer agrees to equal employment opportunities (including auditions) for women and men for
voice-over roles having due regard for the requirements of and suitability for such roles.
D. When applicable, and with due regard to the safety of cast, crew and other persons, women and
minorities shall be considered for stunt doubling roles and for scripted and unscripted stunts on a
functional, non-discriminatory basis.
Producer shall make every effort to cast performers with physical disabilities for scripted and
unscripted stunts for which they are qualified and with due regard to safety, in roles portraying their
particular disability such as wheelchair stunts or stunts involving the use of adaptive devices, e.g.,
crutches, prostheses, etc. The Guild''s skills and talent bank is among the resources that can be
utilized in ascertaining the availability of such performers.
Where the stunt performer doubles for a role which is identifiable as female and/or Black, Latin-
Hispanic, Asian-Pacific or Native American, and the race and/or sex of the double is also
identifiable, producer shall make every effort to cast qualified persons of the same sex and/or race
involved.
The stunt coordinator shall make every effort to identify and recruit qualified minority and female
stunt performers and stunt performers with disabilities prior to the commencement of production.
E. (1) In accordance with the Americans with Disabilities Act, all facilities under the control of or
used on behalf of producer in connection with the casting or production of industrial and
educational programs including but not limited to dressing rooms, lodging, studios,
locations and sets shall provide reasonable accommodations for performers with disabilities.
Such facilities and access thereto, as well as transportation provided by Producer shall be
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suitable for the needs and requirements of any performer whether by reason of age or
disability.
(2) For any role in which a deaf performer is sought or cast, producer shall provide, during the
audition and throughout the engagement, certified or qualified interpreter(s) for the deaf (i.e.,
interpreter(s) qualified or certified in sign language or oral interpretation).
(3) With regard to performers who are blind or visually impaired, producer and such performers
shall make mutually acceptable provisions to make the script and/or sides available to the
performer in advance of auditions.
F. Any facility used for interviewing, casting, fittings or shooting/recording must comply with all
appropriate local fire and safety codes.
G. In accordance with the foregoing policy, the Guild reaffirms its policy of non-discrimination with
respect to admission to membership and rights of membership.
H. The parties agree to establish a procedure for reporting the engagement of minorities, women, seniors
and performers with disabilities under mutually-agreed conditions.
I. It is agreed that quarterly meetings shall be held by the Producers-Screen Actors Guild Standing
Committee to review and discuss any and all relevant data and problems arising out of the fair
employment policy and its implementation by each producer.
The Standing Committee shall also serve as a Committee on Fair Employment Practices to consider
any complaints hereunder.
J. Producer shall not use any information contained on INS Form I-9 to discriminate against any
performer on the basis of sex, race, age or national origin in violation of this contract or law.
To that end, INS Form I-9 information which is protected by equal employment laws or by this
contract shall be maintained in confidence.
The parties agree further that the Standing Committee shall meet to establish mutually acceptable
IRCA verification procedures which will maintain such confidentiality.
K. Disputes relating to the provisions of this Section 21 shall first be referred to the Standing Committee and
unless resolved by that Committee within 90 days after the date of the meeting shall be arbitrable.
22. ENGAGEMENT OF PERFORMERS
A. ADVANCE INFORMATION; CATEGORY; USE; HAZARDS, SMOKE, STUNTS AND
ANIMALS
(1) Performer or performer''s representative shall be told at the time of audition or interview, or
at the time of hiring whether the employment is to be as a principal performer or as an
background actor. The performer shall also be informed of the Category (I or II) of the
program and the scope of supplemental use, if any, to the extent known by producer (See
Section 7).
(2) Performer or performer''s representative shall be notified in advance of any hazardous work,
stunts or work with animals.
All performers shall be notified prior to date of hiring if work in artificially or mechanically
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created smoke is involved. If a performer is not notified, the performer may refuse to
perform in smoke and will be paid a session fee or the performer''s guarantee, whichever is
greater.
Producer will comply with all federal and state laws and regulations applicable to the use of
substances for the creation of smoke.
B. CONTRACT FORMS
A standard employment contract in the form of Exhibit I to this agreement shall be used for all
engagements of performers, and no changes, alterations or additions may be made in such form
except such changes as are more favorable to the performer and as to which change both performer
and producer have given written approval on the contract. It shall be the responsibility of the
producer to fill in all blanks in such form before it is signed by the performer. Any additional terms
for an overscale performer must be set forth in the place provided and must be initialed by the
producer. All employment of performers in industrial programs shall be under one of the forms of
hiring specified herein. In the event Producer hires a category of employee not specifically referred
to herein, but who is clearly a performer, as recognized by the Industry, such form of hiring shall be
negotiated with SAG. This shall not preclude the use of integrated contract member report forms
which have been approved by the union office.
C. DELIVERY OF CONTRACT
Producer shall deliver a copy of the employment contract to the performer not later than the first day
such performer shall render services. At the time of such delivery, producer shall provide an extra
copy to be retained by performer. Liquidated damages for failure to deliver the contract within the
period specified shall be paid to performer in the amount of $2.50 per day up to 30 days (excluding
Saturdays, Sundays, and Holidays which producer observes) to a maximum of $75.
D. FILING OF CONTRACT COPIES
The producer shall promptly file copies of all employment contracts with the appropriate Guild
office.
E. W-4 FORMS
Producer shall deliver to performer a W-4 form for completion and signature at the time of delivery
of the employment contract.
A W-4 form or an alternative IRS form with appropriate tax information for withholding purposes
will be included in the standard union employment contract form, Exhibit I.
F. NUDITY
The producer''s representative will notify the performer (or his/her representative) of any nudity or
sex acts expected in the role (if known by the producer at the time) prior to the interview or audition.
During any production involving nudity or sex scenes, the set shall be closed to all persons having no
business in connection with the production. No still photography of nudity or sex acts will be
authorized by the producer to be made without the consent of the performer.
The appearance of a performer in a nude or sex scene or doubling of a performer in such a scene
shall be conditioned upon performer''s prior written consent. Such consent may be obtained by letter
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or other writing prior to a commitment or written contract being made or executed. If a performer
has agreed to appear in such scenes and then withdraws consent, producer shall have the right to
double, but consent may not be withdrawn as to film or tape already photographed.
G. OTHER SERVICES NOT INCLUDED
No service of the performer is contracted for except as specified in this collective bargaining
agreement. This paragraph is not intended to prevent a performer from contracting for services of a
kind not covered by this agreement by an individual contract at such rates of pay and under such
conditions as producer and the performer shall agree upon, subject only to the requirement that it
shall not be in conflict with this collective bargaining agreement. Producer shall not require a
performer to include such services as part of his/her employment under this agreement but must
bargain separately.
23. INDIVIDUAL VOICE AND PHOTOGRAPHIC TESTS
A. A performer may be given an individual voice or photographic test without compensation, subject to
the following limitations:
(1) The performer''s services may not be required for more than one hour, including waiting
time. If more than one hour is required, the performer shall be paid for all excess time in
hourly units at not less than scale.
(2) The performer may not be required to learn lines outside the studio for the test.
(3) The results of the performer''s services may be used only for the purpose of testing the
individual voice or photography of the performer, unless the performer gives written
consent. If so, the use of such material shall be subject to all of the provisions of this
agreement.
B. This Section 23 permits the making of individual tests only, not mass (or group) tests, or audition
films.
C. This Section 23 does not apply to fittings, wardrobe or makeup tests. Such fittings and tests are
subject to Sections 41 and 42 hereof.
24. ENGAGEMENT AND CANCELLATION
A. The performer (day, 3-day, weekly) shall be considered definitely engaged in any of the following
events:
(1) When a written notice of acceptance is received by performer.
(2) When a contract signed by producer is received by performer, or when a contract unsigned
by producer is received by performer, executed and returned as delivered.
(3) When a script is given to performer to prepare for the role.
(4) When performer is fitted, other than for wardrobe tests.
(5) When performer is actually called and agrees to report.
B. ORAL AGREEMENTS (Day Performers Only)
A day performer shall be considered definitely engaged when the day performer is actually called by
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the producer and agrees to report on the commencement date for which the call is given; however,
until noon of the day preceding such commencement date, either the producer or the performer may
cancel such employment. If the producer is unable to reach the performer personally, either by
telephone or otherwise, notice of such cancellation may be given to the performer by telegraph, in
which event the time when such telegram is given by the producer to the telegraph company,
addressed to the performer at his address last known to the producer, shall be the time of such
cancellation.
C. Neither auditions nor interviews shall constitute an engagement.
D. When a performer is engaged and not used for any reason other than the performer''s default, illness
or other incapacity, such performer shall be entitled to a day''s pay or such performer''s guarantee,
whichever is greater. If the performer who is selected is unavailable when called to render actual
services, such performer shall not be entitled to such payment.
A performer who is replaced in a program for reasons other than such performer''s default, illness or
other incapacity, after commencement of such performer''s services pursuant to engagement and
before the completion of engagement, shall receive such performer''s guarantee, or a day''s pay in
addition to payment for services rendered to that time, whichever is greater.
E. NOTIFICATION - OVERNIGHT LOCATIONS
Performer shall be notified by the producer at the time of engagement whether the engagement
requires overnight location work and, if so, the approximate time and duration of such location work
to the extent such information is then known.
F. BACKGROUND ACTORS - CANCELLATION OF CALLS
(1) The producer shall have the right to cancel any call for any of the following reasons beyond
its control:
(a) illness in principal cast;
(b) fire, flood or other similar catastrophe;
(c) governmental regulations or order issued due to a national emergency.
In the event of any such cancellation, the background actor so cancelled shall receive a one-
half (?) check, except as provided in subparagraphs (4) and (5) below.
(2) The producer shall be entitled to hold and use such background actors for four (4) hours
only to the extent herein provided. For each additional two (2) hours or fraction thereof, the
background actor shall receive a one-quarter (?) check. Background actors held pursuant
to this Section 24F(2) for more than eight (8) hours, excluding the meal break, shall be
entitled to regular overtime rates.
(3) During the time which the background performer is so held, producer has the privilege of
putting background actors into costume, rehearsing or making other use of their services.
If, however, any recording or photography is done, whether still pictures or otherwise,
background actors shall be paid the agreed daily wage.
(4) If any background performer be notified of such cancellation before 6:00 p.m. of the work
day previous to the work date specified in such call, or be otherwise employed on the same
work date by the same production company, at a rate equal to or higher than the rate
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applicable to such background performer as specified in such cancelled call, s/he shall not
be entitled to such one-half (?) check.
(5) If the background performer''s second work assignment shall be for a time to commence less
than four (4) hours after the time of his/her cancelled call, the background actor shall
receive in lieu of the one-half (?) check an allowance for the cancellation of the call on a
straight time hourly basis, computed in thirty (30) minute units from the time of the first call
to the time of his/her second call. Overtime, if any, on the second work assignment shall be
computed without reference to the first call. If the second work assignment shall be for a
time to commence more than four (4) hours after the time of his/her cancelled call, the
background actor shall receive the one-half (?) check. Overtime, if any, shall be computed
without reference to his/her first call.
(6) If a background actor has not been notified as contemplated by subparagraph (4) above,
then notice must be posted at the hour designated for the call stating set will not work.
(7) Nothing herein contained shall enlarge producer''s right to cancel calls.
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25. REQUIRED RECORDS AND REPORTS
A. PRODUCERS
(1) Producer shall maintain adequate records showing each program produced and
delivered by it hereunder, the name of the client for whom it was made, the names of
performers employed therein, the amount of wages paid, the date of the performer''s
services, the date of delivery and the number of programs for which payment is
required.
(2) Producer shall furnish to the Guild and to the Pension and Health office a production
report, in the form attached hereto and marked EXHIBIT II within 12 working days
after the completion of the performer''s services in the program. Not later than 30
days after the completion of the performer''s service, the producer shall give to the
Guild a copy of the production report containing the following additional
information:
(a) The production number or any other appropriate identification of the
program or programs delivered;
(b) The number of programs delivered and the date of delivery.
B. PRODUCERS, PURCHASERS, ASSIGNEES AND TRANSFEREES
Each producer and each purchaser, assignee and transferee of a program produced under this
agreement shall maintain adequate records showing each program delivered to it, the date of
delivery, the name of the advertiser, the names of the performers appearing therein and
payments made. In case of grievances or disputes arising under this agreement, such
producer and such purchaser, assignee or transferee will make available to the Guild on
reasonable notice all such records.
C. LOANOUTS
Producer shall give the Guild advance written notice whenever a performer is borrowed from
a domestic non-signatory company.
D. VERIFICATION AND AUDITING
Producer shall be required to furnish to the Guild on reasonable notice records to verify
accuracy of payments to performers.
E. NOTICE OF PRODUCTION
If the Guild has reason to believe that a producer is evading the terms and conditions
applicable to production, then, on written request from the Guild, producer shall supply
reasonably in advance of production, information available regarding location(s), date and
time of production, for whom such production is taking place (i.e., agency and/or client), the
number of performers expected to be used, and other pertinent data.
WORKING CONDITIONS
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F. PRODUCTION TIME REPORTS
(1) It shall be required custom and practice to proffer a production time report ("the
report") to all performers at the end of each day, which report may include other
performer(s) in the program(s) working that day, and which reflects time in and out,
meal periods, hairdress, travel, etc., for such performer(s). Such report shall not be
offered in blank but shall, in all cases, be filled in by producer in ink. The
performer(s) shall initial or sign such report in ink. The performer(s) may object to
the accuracy of the information contained in the report. The signing or initialing of
the report by the performer(s) shall not preclude the performer(s) from filing a
timely claim.
(2) If a member report is used in lieu of contracts for singers, a production time report
shall not be required in such case. A copy of the report for the previous week shall
be sent to the Guild no later than 12 business days after the date of production.
(3) In the event of repeated breach after written notice from the Guild, liquidated
damages in the amount of $150 shall he payable to the Guild for each breach
thereafter. A breach is the failure to file a production time report.
(4) In the event of a negotiated stunt adjustment, the amount of such adjustment shall be
indicated on the stunt performer''s production time report and initialed by both the
stunt performer and the person authorized to negotiate such adjustment. The stunt
adjustment may be inserted on the contract and initialed by both parties when the
contract includes the production time report.
26. ADMISSION TO PREMISES
Any authorized representative of the Guild shall be admitted to the premises of the producer, or
where the employment takes place, at any reasonable time to check the performance by the producer
of this contract subject to product security or clearance restrictions, and such checking shall be done
so as not to interfere with the conduct of producer and the Guild.
27. MEMBER REPORTS
In the event the Guild or any Branch of the Guild adopts a system of using "member reports" under
which members are required to report their employment in programs and for tests, auditions and
interviews, producer agrees to initial such member report at the time of performance. Such report
shall contain such information regarding the performer''s employment as the Guild shall determine
appropriate. It is understood that the duty and responsibility of filling out and filing the member
report is that of the performer, or of the contractor in the case of group singers, the producer being
required only to initial the executed form.
28. CONSECUTIVE EMPLOYMENT
A. Employment of an on-camera performer shall be for consecutive days from the beginning of
the performer''s employment until completion of performer''s principal photography subject to
recall for retakes, added scenes, soundtrack, process shots, trick shots or transparencies. If
the performer is recalled for any such purposes, the performer shall be paid for the day(s)
spent in performing such services. Consecutive employment shall not apply between a half-
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day rehearsal and subsequent completion of the engagement provided firm advance booking
dates are given (see Section 55 for retakes and added scenes).
However, consecutive employment for day performers shall be subject to the following
exceptions:
If at the time of original employment the day performer is given in writing firm advance
booking dates, compensation need not be given for such intervening time period. Day
performers may be converted to a weekly employment basis, if appropriately notified by
producer, for the second employment period. In such case the subsequent start date may be
"on or after," thus allowing the producer 24 hours leeway.
B. Singers, stunt performers, pilots and background actors employed on a daily basis shall not
be entitled to consecutive employment unless portraying a role.
C. SPILLOVER
If producer elects to terminate and recall performer (as above) and the shooting schedule
exceeds the performer''s guaranteed employment period, any added days shall be subject to
the performer''s availability but when performer is otherwise employed, performer will
cooperate to the fullest extent.
29. CONVERSION TO WEEKLY BASIS
At any time whatsoever, either before or after the day performer commences work, the producer shall
have the option of converting such engagement to a weekly engagement at the weekly salary
specified at the time the engagement was entered into, if such a weekly salary was so specified. Such
conversion may be made at any time but shall be effective only for a period commencing with the
effective date of the notice of conversion. Notice of conversion by the producer must be in writing
and may be given to the performer personally or by telegraphing or mailing the same to the address
furnished the producer by the performer. If the notice is delivered personally to the performer by
noon or if a telegraphic notice is delivered to the telegraph office by noon, then the conversion shall
be effective commencing with that day; if notice is delivered personally to the performer or to the
telegraph office after noon, or if sent by mail, then in each of the instances last mentioned the
conversion shall be effective on the performer''s next work day.
30. HOURS PER DAY
The salary agreed upon shall be compensation in full to the day performer for eight hours of work,
but such compensation, if otherwise due, shall be paid to the performer even though eight hours of
work is not required of the performer by the producer.
If the performer is working at midnight of any day, then his/her hours of work for such day shall be
computed until the performer has been dismissed subsequent to midnight.
31. MEAL PERIODS
A. Allowable meal periods shall not be counted as work time for any purpose. The performer''s
first meal period shall commence within six (6) hours following the time of the performer''s
first call for the day; succeeding meal periods of the same performer shall commence within
six hours after the end of the preceding meal period. A meal period shall not be less than
one-half (?) hour nor more than one (1) hour in length. If upon the expiration of such six-
hour period the camera is in the actual course of photography, it shall not be a violation to
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complete such "take." If on location or while traveling to or from location the delay is not
due to any fault or negligence of the producer or its agents or persons employed by it to
render catering service by contract, or if delay is caused by common carriers such as
railroads, there shall be no penalty for violation of the above provisions. If the caterer is
chosen carefully, and is delayed in reaching the location beyond the required time for com-
mencing a meal period, there shall be no penalty for the violation; but if such delay shall
continue beyond one-half hour, work shall cease, and the time intervening between such
cessation of work and the meal period shall be work time. If, on location and after
commencement of work time, the company is given a reasonable breakfast without deduction
the time spent in eating breakfast from work time, then the first meal period may be six hours
after such breakfast. Where producer intends to provide such a breakfast on location, that
fact shall be stated in the call and the meal shall be a reasonable breakfast served not later
than 9 A.M.
If, by reason of a long makeup, wardrobe or hairdress period of a performer, application of
the rule would require calling a meal period for such performer at a time earlier than that
required for the rest of the set, producer shall not be required to call such meal period if food,
such as coffee and sandwiches, is made available to such performer before the time for the
performer''s set call, it being understood that no deduction shall be made from work time for
such period; it is further understood, however, that such performer shall be given a meal
period within six hours from the time such food is made available to the performer.
B. The following amounts shall be paid to background actors for meal period violations:
(1) For the first half-hour or fraction thereof - $7.50 per background actor
(2) For the second half-hour or fraction thereof - $10 per background actor
(3) For the third half-hour and each additional half-hour or fraction thereof - $12.50 per
background actor.
C. The following amounts shall be paid to principal performers for meal period violations:
(1) For the first half-hour or fraction thereof - $25 per performer
(2) For the second half-hour or fraction thereof - $35 per performer
(3) For the third half-hour and each additional half-hour or fraction thereof - $50 per
performer.
D. Meals must be provided on all locations. All performers shall be entitled to a basic $56.00
per diem meal allowance on overnight locations. The producer shall have the right to deduct
from the per diem meal allowance the following amounts for each meal furnished:
Breakfast: $11.00 Lunch: $16.00 Dinner: $29.00
E. MEALS
Whenever producer supplies meals or other food or beverages to the cast or crew, or
provides money in lieu thereof, the same shall be furnished to all performers. Regarding
beverages, this provision is applicable only in those situations where the producer supplies
beverages to the cast and crew and is not applicable where isolated groups may supply their
own beverages (e.g., prop truck with cooler for beverages). When meals are served to
performers, tables and seats shall be made available for them. No time shall be deducted
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from work time for any meal supplied by the producer until the performers are given the
opportunity to get in line for the actual feeding of performers. "Meals" means an adequate,
well-balanced serving of a variety of wholesome, nutritious foods. The furnishing of snacks,
such as hot dogs or hamburgers, to performers by producer shall not constitute a meal period.
Meals supplied by the producer shall not be deducted from the performer''s wages but may
be deducted from per diem.
32. OVERTIME
A. PRINCIPALS
(1) The performer''s day, for overtime purposes, is computed from time of first call to
dismissal, excluding meal periods. See Section 38 for stunt performer overtime
involving stunt adjustment.
(2) Overtime for day performers is paid at time-and-one-half in hourly units for the
ninth and tenth hours of worktime, and at double time thereafter each day, except
that day performers engaged at more than $835.50 ($869.00 effective 11/1/03) per
day shall receive time-and-one-half instead of double time after the tenth hour.
(3) Overtime for 3-day performers and weekly performers is paid in hourly units at
time-and-one-half for the ninth and tenth hours of worktime, and at double time
thereafter each day. Overtime for all above categories of performer shall be subject
to the following "ceilings":
5/1/02 – 10/31/03 11/1/03 – 4/30/05
Day Performer
Maximum base $ 835.50 $ 869.00
1 1/2 time 156.50 172.00
3-Day Performer
Maximum base $2,506.50 $2,607.00
1 1/2 time 156.50 163.00
Double time 209.00 217.50
Weekly Performer
Maximum base $2,785.00 $2,896.50
1 1/2 time 104.50 108.50
Double time 139.50 144.50
Performers engaged for a 6-day overnight location workweek shall receive an additional
four (4) hours at straight time to increase the total available workweek to 44 hours, whether
fully worked or not.
(4) All additional days worked will be paid at pro rata of the individual performer''s 3-
day or weekly salary.
(5) There shall be no compounding of any overtime payments.
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B. ON-CAMERA NARRATORS/SPOKESPERSONS
Overtime for on-camera narrators/spokespersons shall be based upon the first-day rate up to
the maximum overtime ceilings; for the first day of employment. The first-day minimum
rate shall be calculated by adding the day performer rate and one hour of the minimum
voice-over rate.
Subsequent days of overtime shall be calculated at the appropriate basic on-camera rate (Day
performer, 3-Day performer, Weekly performer) exclusive of the one time only fee, unless
specifically negotiated otherwise.
C. BACKGROUND ACTORS
Background actors employed in excess of eight (8) hours in any one day from the time the
background actor is required to and does report until dismissed shall be paid daily overtime
compensation as follows:
(1) One and one-half (1?) times the background actor''s rate of pay for the ninth and
tenth work hours of employment and not less than double the background actor''s
rate of pay for all hours worked thereafter, computed in units of one-tenth (1/10)
hours.
(2) Weekly Overtime - The total sum paid to an background actor who works more than
forty (40) hours in such workweek for a particular employer shall be the background
actor''s regular hourly rate of pay times forty (40), plus one and one-half times such
regular hourly rate of pay for all hours worked in excess of forty (40) during such
workweek. The regular hourly rate shall be determined by dividing the amount of
the weekly salary by the number of regular hours in a workweek.
(3) An background actor employed by the week shall receive payment of daily overtime
for all hours, or fractions thereof, worked beyond eight (8) hours in any one day on
which such daily overtime occurs as provided above, provided that overtime
payments shall not be compounded and all payments made by the employer for daily
overtime on the basis hereinabove specified shall be applied toward any sum due for
weekly overtime.
(4) In computing time of employment, meal periods are not included.
(5) All overtime for background actors shall be computed upon the maximum pay the
background actor is receiving on that particular day.
(6) Overtime premium payments shall not be compounded or pyramided and shall be
paid at the highest applicable premium rate only.
D. SIXTEEN-HOUR RULE
Background actors shall not be employed in excess of a total of sixteen (16) hours, including
meal periods, travel time and actual time required to turn in wardrobe or property, in any
one day of twenty-four (24) hours.
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The penalty for violation of the foregoing sixteen (16) hour rule shall be one (1) day''s pay (at
the background actor''s daily rate including any additional compensation) for each hour, or
fraction thereof, of such violation. Such penalty shall be paid at straight time, unless the
violation occurs during a sixth or seventh day of work for which double-time is provided.
This provision shall not apply in any case where such violation occurred as a result of
circumstances or conditions, other than production considerations or conditions, beyond the
control of producer with respect to or affecting the return of such background actors from
location. Where the penalty is excused the background actor shall receive all applicable
overtime. The Guild will not claim any breach of contract resulting from the violation of the
sixteen (16) hour rule unless the penalty above prescribed is incurred and is not paid.
33. REST PERIOD
A. DAILY REST PERIOD
(1) Studio Call
Any performer on studio call is entitled to a 12-consecutive-hour rest period from
the time of dismissal until first call for the next day, whether for makeup, wardrobe,
hairdress, or any other purpose.
(2) Location
(a) Nearby Location - The rest period may be reduced from 12 to 10 hours as
often as once every fourth consecutive day, when exterior photography is
required on the day before and the day following such reduced rest period.
(b) Overnight Location - No reduction in the 12-hour rest period is permitted
except when performer arrives at place of lodging after 9 pm on first day of
engagement, a 10-hour rest period shall apply.
B. WEEKLY REST PERIOD
The performer shall be entitled to a rest period of 58 consecutive hours (36 consecutive
hours if on an overnight location) once each week.
C. The performer may waive the rest period without the Guild''s consent, but if the performer
does so, such performer shall be entitled to premium pay in the amount of $835.50 ($869.00
effective 11/1/03) or one day''s pay, whichever is the lesser sum.
D. All background actors shall have at least five (5) minutes rest during each hour of actual
rehearsal or shooting; but, if the scene being rehearsed or shot is of a continuing nature, such
rest period may be cumulated to be not less than ten (10) minutes during each two (2) hours
of such continuing rehearsal or shooting period.
34. PREMIUM RATES
On-camera principal performers and background actors shall receive double time for the sixth and
seventh consecutive days of work in a workweek, rather than for Saturdays and Sundays. For work
on the sixth and seventh day, a performer whose rate is $835.50 ($869.00 effective 11/1/03) per day
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or less shall receive double the amount the performer would receive for a weekday. A performer
whose rate is more than $835.50 (869.00 effective 11/1/03) per day shall receive 1? times what the
performer would receive for a workday. Overtime shall be paid at the same rate as for the first 8
hours if premium pay is received. If the performer does not work, the performer shall not be paid.
A weekly performer guaranteed $2,785.00 ($2,896.50 effective 11/1/03) or less per week shall
receive 4 hours additional overtime for an overnight location sixth day, whether worked or not, to be
computed in accordance with Section 32D(2). A weekly performer guaranteed more than $2,785.00
($2,896.50 effective 11/1/03) per week may have overnight location sixth days included in the
workweek without adjustment of the basic weekly rate.
All voice-over performers shall be paid double time in hourly units for Saturday/Sunday work.
All background actors shall receive one (1) day''s pay at straight time for a day not worked on a
distant location.
35. WORK ON HOLIDAYS
A. A performer who works on any of the following holidays:
New Year''s Day July Fourth
Martin Luther King, Jr.''s Birthday Labor Day
Washington''s Birthday (Presidents'' Day) Thanksgiving Day
Memorial Day Christmas Day
shall receive double what the performer would receive for a week day. Whenever any of
said holidays falls on a Sunday, such holiday for all purposes herein shall be deemed to fall
on the Monday next succeeding. If the performer works on the day before and the day after
one of the above holidays, but not the holiday itself, such performer shall be paid a prorated
day''s pay at straight time for the holiday, if working on an overnight location.
B. If a performer is required to spend any of the above mentioned holidays on an overnight
location and does not work, the performer shall receive a day''s pay at straight time.
C. Overtime on holidays shall be paid at the same rate as for the first 8 hours (double time, not
a multiple of double time).
36. REHEARSAL TIME
A. The reading of lines, acting, singing or dancing, in preparation for the performer''s
performance, in the presence and under the supervision of a representative of producer,
constitutes a rehearsal. Rehearsals shall be counted as work time.
B. Auditions, tests, makeup and wardrobe tests do not constitute rehearsals.
C. The Guild agrees to grant waivers freely for the training of a performer in a particular skill
such as horseback riding, fencing, etc. Compensation, if any, shall be agreed to between the
performer and the producer, subject to the approval of the Guild.
D. Tests, auditions, fittings, publicity stills, preproduction stills, prerecordings, or training
under subsection C above, after the booking but before the starting date of such
employment, shall not start the employment period of such performer. Compensation, if
any, for any of such services shall be paid as otherwise provided herein.
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37. WEATHER PERMITTING CALLS (DAY PERFORMERS ONLY)
Weather permitting calls are allowable for day performers, subject to the following limitations and
conditions:
A. Weather permitting calls shall not be issued for stages in studios.
B. Weather permitting calls can be issued only for the performer''s first work day on the rogram.
C. A performer receiving two (2) times minimum scale per day or less shall be paid a half (?)
check upon the cancellation of any weather permitting call. This check shall entitle the
producer to hold the performer for up to four (4) hours. The performer shall receive a half
(?) check for each additional four (4) hours, or portion thereof, during which performer is
held by producer. During the waiting period producer has the privilege of putting
performers into costumes, rehearsing, or making other such use of their services. If,
however, any recording or photographing is done, whether still pictures or otherwise, the
performer shall be paid the agreed daily wage.
D. Weather permitting calls may not be issued to a performer after the commencement of
photography, and the fact that a weather permitting call or calls have been issued before the
commencement of photography shall not cause the consecutive employment provisions of
these rules to come into effect.
E. At the time of acceptance by a performer of a weather permitting call, the performer shall
advise producer of any possible conflict for immediately subsequent days.
F. WEATHER PERMITTING CALLS FOR BACKGROUND ACTORS
(1) When the scheduled photography is cancelled by producer because of weather
conditions, background actors reporting pursuant to a "weather permitting" call
shall be paid one-half (?) day''s pay, which shall entitle producer to hold the
background actor for not exceeding four (4) hours. The background actor shall
receive another one-half (?) check if held for an additional four (4) hours or
fraction thereof; after eight (8) hours (excluding one meal break), overtime
commences in one-tenth (1/10) hour units.
(2) During this time, producer may costume, rehearse or otherwise use the background
actor on the specified photoplay, except for recording or photographing, still or
otherwise, of such background actor.
(3) If the background actor is used for such recording or photographing, s/he shall
receive one (1) day''s pay.
(4) The background actor may cancel a weather permitting call previously accepted by
notifying the agency which issued the call prior to 7:30 p.m. or the closing time of
such agency, whichever is the earlier, unless s/he has been established in the
picture.
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(5) "Weather permitting" calls shall not be issued for stages in studios, nor shall a
"weather permitting" call back be issued to any background actor after s/he has been
established.
(6) When a weather permitting call is given, producer must specify that the background
actor is to work 1) if it is raining, 2) if it is cloudy, or 3) if the sun is shining;
provided that if any other special type of weather is a condition precedent to the
background actor working, the same may be specified, but must be described
sufficiently so as to be capable of understanding by the background actor.
(7) Producer agrees not to request background actors to call in the early morning hours
of the following day for a possible weather permitting call.
38. STUNT ADJUSTMENT
Unless otherwise bargained for at the time of the engagement, a performer not called as a stunt
performer shall receive an adjustment of not less than the stunt performer''s daily minimum when the
performer performs a stunt on any day. In no event shall the performer ever receive less than the
stunt performer''s daily minimum on the day the performer does the stunt. Overtime compensation
shall be based on the performer''s aggregate compensation for such day, except for travel time which
shall be based upon the basic day''s pay without the adjustment.
39. TREATMENT OF ANIMALS
The producers confirm and reiterate their commitment to the principle that animals should be
humanely treated during the production of industrial/educational programs.
Any issue relating to this subject may be referred to the Industry-Union Standing Committee under
Section 85, of this agreement.
40. WORK TIME – DEFINITION AND EXCEPTIONS
A. For the purpose of ascertaining and computing hours of work, rest period, and overtime, the
period from the time the performer is required to and does report as directed, until the time
such performer is finally dismissed for the day shall constitute work time, continuously and
without interruption, except as follows:
(1) Allowable meal periods, as provided by Section 31 ;
(2) Casting or audition calls, as provided by Section 10;
(3) Individual voice and photographic tests, as provided by Section 23;
(4) Fittings, as provided by Section 41;
(5) Story, song and production conferences, to the extent provided by Section 46;
(6) Study of lines or script, to the extent provided by Section 47;
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(7) Interviews for publicity purposes, as provided by Section 50;
(8) Publicity stills, to the extent provided by Section 51;
(9) Makeup, hairdress and/or wardrobe, to the extent provided by Section 41;
(10) Travel time, to the extent provided by Section 56
B. After the performer has been employed, and after the starting date of such employment,
none of the provisions of Section 40A shall break the continuous employment of such
performer.
C. Any period during which the performer fails or refuses or is unable because of disability to
render services, and any period during which the performer, at performer''s own request, is
excused from rendering services, shall not be work time for any purpose.
41. MAKEUP, HAIRDRESS, WARDROBE FITTING CALLS (OTHER THAN TESTS)
At all wardrobe fittings time sheets will be provided to be signed by the performer indicating time in
and out.
A. DAY PERFORMERS/ON-CAMERA NARRATORS/SPOKESPERSONS
(1) On a Day Prior to Employment-
Day performers/On-Camera Narrators/Spokespersons shall receive one hour
minimum pay for each makeup, hairdress or wardrobe fitting call on a day prior to
the commencement of employment. Additional time is paid for in 15-minute units.
Day performers/On-Camera Narrators/Spokespersons receiving more than double
scale per day shall not be entitled to receive any compensation for such calls.
(2) On Day of Employment-
Such calls for performers on a work day are work time and are part of performer''s
continuous day unless 4 or more hours intervene between the end of the fitting and
the beginning of the work call. In such case, the performers shall be paid in
accordance with Section 41A(1) above.
B. 3-DAY PERFORMERS
(1) On a Day Prior to Employment-
Producer shall be entitled to two hours free fitting time prior to the commencement
of employment for each three days of employment of a 3-day performer.
Additional time is paid as in Section 41A(1).
(2) On Day of Employment-
Such calls for a 3-day performer on a work day are work calls and are part of the 3-
day performer''s continuous day unless 4 or more hours intervene between the end of
the fitting and the beginning of the work call. In such case, the 3-day performer
shall be paid in accordance with Section 41B(1) above.
C. WEEKLY PERFORMERS
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(1) On a Day Prior to Employment-
Producer shall be entitled to four hours free fitting time prior to the commencement
of employment for each week''s employment of a weekly performer. Additional
time shall be paid as in Section 41A(1) above.
(2) On Day of Employment-
Such calls for a weekly performer are work calls and are part of the performer''s
continuous work day unless 4 or more hours intervene between the end of the fitting
and the beginning of the work call. In such case, the weekly performer shall be paid
in accordance with Section 41C(1) above.
D. BACKGROUND ACTORS - COSTUME FITTINGS
Background actors fitted at a place designated by producer shall be paid as follows:
(1) If on a day prior to the work call, a quarter (?) check for two (2) hours'' time;
additional time shall be paid for at the hourly rate in units of thirty (30) minutes.
(2) If the fitting call is on the same day as the work call, straight time computed in units
of thirty (30) minutes; provided, however, if on the same day four (4) hours or more
intervene between the work call and the fitting, payment shall be made as though
the fitting occurred on a day prior. If less time than four (4) hours intervenes from
the termination of the fitting to time of work call, all intervening time is work time.
(3) Where producer requires a background actor to bring wardrobe, personal accessories,
pets, automobiles, etc., to a costume fitting, the background actor shall be compensated
at one-half (?) the applicable daily allowance for such item(s).
A background actor who has been fitted shall be paid not less than a full day''s agreed wages
if not given employment in the production for which the background actor was fitted. The
rate of fittings shall be based on the classification in which the background actor is
employed on his/her first day of employment on which s/he is required to wear the costume
for which s/he is so fitted.
42. WARDROBE TEST AND MAKEUP TESTS
A. If a performer is given a wardrobe or makeup test and not used in the program for which
tested, the performer shall receive ? day''s pay for each day on which such test is given.
B. If a performer is given a makeup or wardrobe test and is used in the program for which
tested, the performer shall be paid as follows:
(1) Tests on the same day the performer works:
Time spent in tests on the same day the performer works shall be work time and part
of the performer''s continuous day, as are fittings.
(2) Tests on a day prior to work:
When a performer is given a makeup or wardrobe test on a day prior to the day on
which the performer works, performer shall be entitled to one hour minimum pay
for each call. Additional time shall be paid for in 15-minute units. Any performer
receiving more than two times minimum scale per program per day shall not be
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entitled to any compensation for such tests.
43. DAMAGE OF WARDROBE
Wardrobe supplied by the on-camera performer, which is damaged or lost in the course of
employment, shall be repaired or replaced at the expense of producer, provided notice of such
damage or loss is given producer within a reasonable time.
44. WARDROBE ALLOWANCE
A. If, at producer''s request, performer provides personal wardrobe, an allowance will be paid
by producer for each outfit:
Evening wear - $29.00 per costume change for each two (2) days
All other wardrobe - $19.00 per costume change for each two (2) days
B. Definition of Wardrobe Change:
A single wardrobe change shall consist of at least one additional clothing item worn
above the waist (such as a blouse or shirt) and at least one additional clothing item
worn below the waist (such as slacks or skirt) unless only one (1) such area is visible
to the camera. If so, one (1) additional item in the visible area shall be considered a
change. Items such as dresses, gowns, overcoats, etc., shall be considered a change
by themselves unless always worn as part of a single outfit. Further, each item of
clothing shall be counted only once in determining the total number of changes even
though the item may be used in more than one outfit. No additional fees shall be
charged for mixing and matching wardrobe items. For example, if outfit #1 is a blue
blazer and tan slacks and outfit #2 is a gray suit, use of the blazer and suit pants to
create a third outfit shall not require an additional fee. Accessories such as scarves,
ties, and jewelry shall not be counted as items of clothing for this purpose.
C. When a background actor reports in the specified wardrobe and in addition brings one or
more complete changes of wardrobe as requested by producer, excluding the types of
wardrobe described in subparagraph C., s/he shall be entitled to an allowance of $17.00 per
day for the first such change and $6.00 per day for each additional change, whether utilized
or not, during the term of this agreement, provided, however, that such allowance shall not
be applicable to wardrobe furnished for and used on an overnight location.
D. A general background actor who is required to and does furnish formal attire, a fur, a
national dress costume, a white Palm Beach or tropical suit, a uniform or period wardrobe
shall be paid an allowance of $28.00 per day for the maintenance of each such type of
wardrobe furnished at the request of producer.
E. WARDROBE REMOVAL
An background actor shall be dismissed as soon as wardrobe or property has been turned in.
Whenever an background actor turns in wardrobe or property on time for which s/he is not
otherwise compensated, s/he shall be paid for such time on the basis of time and one-half
(1?) his/her regular hourly rate for that day after eight (8) hours worked and double time
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his/her regular hourly rate for that day after ten (10) hours worked, computed in units of
one-tenth (1/10) hours. The words "wardrobe furnished" shall be stamped on the
background actor''s voucher whenever this is the case.
Where a background actor utilizes public transportation, such background actor will not be
required to report or be dismissed in dress, period or other extraordinary and unique
wardrobe.
When out-of-season wardrobe is required, producer shall provide a private place for
background actors to change clothes.
45. BODY MAKEUP, SKULL CAP, HAIR GOODS, HAIRCUTS
An background actor who is directed to and does have body makeup or oil applied to more than 50%
of his/her body and/or is required to and does wear a rubber skull cap, and/or who is required to and
does wear hair goods affixed with spirit gum (specified as wigs, beards, sideburns, mustaches or
goatees) and/or who at the time of his/her employment is required to and does wear his own natural,
full-grown beard, as a condition of employment, shall be entitled to additional compensation of
$19.50 ($20.50 effective 11/1/03) per day. Where an background actor is required to and does
furnish his/her own hairpiece, s/he shall be paid additional compensation of $19.50 ($20.50 effective
11/1/03) per day.
It is also understood and agreed that any woman background actor required to have body makeup
applied to her arms, shoulders and chest while wearing a self-furnished low-cut gown, and any
background actor, whether a man or woman, required to have body makeup applied to his/her full
arms and legs shall be entitled to such additional compensation therefor.
Where an background actor''s hair is required to be cut in connection with a call, producer shall
provide advance notice of such haircut at the time of booking. Such haircut may not take place
earlier than two (2) working days before the work call. If advance notice is not given at the time of
booking, the background actor may refuse the call without prejudice and shall not be entitled to
compensation.
46. STORY, SONG AND PRODUCTION CONFERENCES
Story, song, and production conferences on any day on which the performer is not otherwise working
shall not be counted as work time for any purpose. This provision shall not be construed to interrupt
the continuous employment of performers.
47. STUDY OF LINES OR SCRIPTS
Study of lines or script, except during the period between reporting and dismissal, shall not be
counted as work time for any purpose.
48. SCRIPT LINES/OMNIES
The producer agrees that all script line parts shall be played by performers hired directly as such, and
not by background actors adjusted on the set, except where a performer has been hired to play the
part and for any reason is unavailable or unable to portray the part properly.
Except as above provided, no background actor hired as such may be employed for script lines on
location; and no background actor hired as such may be employed for script lines for work at the
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studio on the same day as the day on which the individual was hired as an background actor.
Script lines are defined as lines which are preplanned or preconceived and which are not deliberately
omitted from the script for the purpose of evading these provisions.
The basic background actor wage for the particular call includes, if required, the speaking of
atmospheric words commonly known in the industry as "omnies."
49. UPGRADE OF BACKGROUND ACTORS (NON-SCRIPT LINES)
An background actor hired as such may speak non-script lines, in which case the background actor
shall be signed off as an background actor and employed as a day performer and shall receive
payment as a day performer from the beginning of such day. The performer so adjusted may be
signed off as a day performer and re-employed in the same photoplay to perform background actor
work, but not in the same role for which the performer was adjusted. If such a person is again
adjusted to perform day performer services in a different role in the same photoplay, such performer
shall not be entitled to consecutive days of employment between the time when such performer is
first signed off as a day performer and the time when the performer is again adjusted. If an
background actor has been adjusted to perform day performer work, the producer may retake the
scene with a different day performer, without any penalty of failure to recall such background actor.
An background actor adjusted for non-script lines shall not be entitled to day performer pay for any
day or days before such performer was adjusted. If the background actor is called back for the next
day and producer intends that s/he shall revert to the rate at which s/he was originally hired, the
background actor must be notified of such intention at the time of the call back.
Non-script lines are defined as lines which are not preplanned or preconceived and which are not
deliberately omitted from the script for the purpose of evading these provisions.
50. PUBLICITY INTERVIEWS
Time spent by the performer in publicity interviews, whether on a day the performer works or
otherwise, shall not be counted as work time for any purpose, but the performer shall be under no
obligation to report for such interviews.
51. PUBLICITY STILLS
If the producer desires the services of the performer in making publicity stills, the performer agrees to
render such services. Performer must receive a day''s pay at not less than the minimum daily rate for
any day spent solely in taking publicity stills. Use of such stills is strictly limited to publicity of the
film itself not for general client brochures, magazine advertisements, etc., which are unrelated to the
film.
52. PREPRODUCTION STILLS
Preproduction stills, including rehearsals therefor, after employment but before the starting date of
such employment, shall not start the consecutive days of employment of a performer; such performer
shall be paid for the day or days on which performer renders services in connection with
preproduction stills.
53. TOURS AND PERSONAL APPEARANCES
Tours and personal appearances made in connection with employment hereunder shall be in
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accordance with the following:
A. Nearby Locations: Performer shall be paid one-half day''s pay pro rata for up to four hours''
time. If over four hours time is required, the performer shall be paid a prorated day''s pay.
B. Overnight Locations: Performer shall be paid a prorated day''s pay.
C. When the performer is required to travel, all transportation shall be provided and reasonable
expenses shall be paid.
D. Producer shall cooperate to see that the performers receive adequate meal periods and rest
periods when on tours and personal appearances.
54. PRERECORDINGS
Prerecordings, including rehearsals therefor, after employment but before the starting date of such
employment, shall not start the consecutive days of employment of a performer; such performer shall
be paid for the day or days on which such performer renders services in connection with pre-
recordings.
55. RETAKES, ADDED SCENES, LOOPING, ETC.
As an exception to the consecutive employment requirements of Section 28, of this agreement,
compensation for services in connection with re-takes, added scenes, soundtrack (including looping),
process shots, transparencies, trick shots, trailers, unfinished photography, changes in foreign
versions, shall be paid only for the days on which the performer is actually so employed subject to
individual performer''s availability. If such services are commenced within three months after the
prior termination of employment, compensation therefor shall be at the daily rate originally agreed
upon, except in case of conversion from day performer to the weekly basis, in which event the
compensation shall be prorated on the weekly rate originally agreed upon.
As an exception to the above, a weekly performer may be recalled to loop (record soundtrack) after
completion of principal photography at ? day''s pay pro rata (1/10 of the performer''s weekly base
rate) for a 4-hour looping session. If the session exceeds 4 hours, a full day''s pay pro rata (1/5 of the
performer''s weekly base rate) shall be payable.
56. TRAVEL
A. NEARBY LOCATION
A nearby location is one to which the performer travels and returns on the same day.
Performer may be asked to report to the producer''s studio or a location within a studio zone
as defined herein. Work time shall begin at the time of reporting or the call time, whichever
is later.
When asked to report other than at the producer''s studio or at a location within a studio zone,
work time shall begin as though the performer had reported there and end as though the
performer had returned there and the driver only shall be paid at the maximum rate per mile
which the Internal Revenue Code and Regulations require without being reportable as
income.
All time spent in travel shall be paid at straight time in hourly units. The time intervening
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between the end of work and the beginning of travel, or the end of travel and the beginning
of work, shall be considered work time. Overtime caused by travel to and from location is
computed at straight time in hourly units. There shall be no compounding of payment for
travel and work.
Any performer required to work at night in the New York metropolitan area and not
dismissed by 9:30 P.M. will be provided transportation by producer to Grand Central
Station, Penn Station or the Port Authority Bus Terminal, unless such place of dismissal is in
Manhattan within a zone bordered by 34th Street on the south, 59th Street on the north, and
Third and Eighth Avenues on the east and west, respectively.
When background actors are required to work at night and are not dismissed in time to
permit their return to their homes by public service transportation, transportation must be
provided by the employer.
B. OVERNIGHT LOCATION
An overnight location is one at which the performer is given lodging for one or more nights.
Transportation supplied by the producer may be coach provided no other cast, crew or
production personnel fly in any other class. Bus and railroad transportation is acceptable if
no other means is available. If a performer is required to drive his/her own car, the
performer shall be paid at the maximum rate per mile which the Internal Revenue Code and
Regulations require without being reportable as income..
Should a performer elect to use any form of transportation other than that provided by the
producer, the performer shall be reimbursed an amount equal to what the producer would
have paid, and the hours spent in travel shall be counted as though the performer had used
the producer''s form of transportation.
Producer shall provide meals, meal periods and reasonable lodging on overnight locations.
When traveling on the sixth and seventh consecutive days of work or a holiday, performer
shall receive time-and-one-half (not double-time), in hourly units.
On a day when services are rendered, travel to or from a sublocation or place of lodging
shall be considered travel time. The time intervening between the end of work and the
beginning of travel, or the end of travel and the beginning of work shall be considered as
work time.
(1) DAY PERFORMERS
(a) Travel To Overnight Location
PAYMENT DUE
A day with no services rendered:
Performer departs before noon 8 hours
After noon but before 6:00 P.M. 4 hours minimum or actual
time in hourly units up
to 8 hours maximum
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After 6:00 P.M. Actual time up to a
maximum of 8 hours
in hourly units
A day with services rendered: Overtime caused by travel
payable at straight time
in quarter hour units.
(b) Travel From Overnight Location
No services rendered: 8 hours
Services rendered: Overtime caused by travel
payable at straight time
in quarter hour units
(2) 3-DAY AND WEEKLY PERFORMERS
(a) Travel To Or From Overnight Location
Whenever a 3-day performer or a weekly performer travels to or from an
overnight location, such performer shall receive a full day''s pay each for the
day of departure and for the day of return.
C. A performer shall be dismissed at the place of reporting, not a subsequent location.
D. The provisions of this Section 56 shall apply whenever the performer is required to travel to
any site more than 25 miles from the center of the studio zone established for the city in
which the performer resides or to which the performer is most proximate at the time of the
engagement regardless of whether such site is within the studio zone of another city.
E. Nothing in this Section 56 shall be deemed to break the consecutive employment of the
performer.
F. STUDIO ZONES:
Performers may be required to report anywhere within designated studio zones provided that
when the place of reporting is other than the producer''s studio, performers shall be paid at the
maximum rate per mile which the Internal Revenue Service Code and Regulations provide
without being reportable as income, computed from the studio to the place of reporting and
from the place of reporting back to the studio. Only the driver shall be paid, not the
passengers.
(1) In Los Angeles, the studio zone is defined as any place within 30 miles of the
intersection of Beverly Blvd. and La Cienega Blvd. In the event that the street
parking in the area within a reasonable distance of such place of reporting within the
Los Angeles studio zone is restricted by law or ordinance, or that free parking
facilities are otherwise not available within a reasonable distance of such place of
reporting, then the producer shall make arrangements so that performer so required
to report may park within a reasonable distance thereof, at no expense to such
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performer.
(2) In New York City, the studio zone is defined as any place within a radius of 12
miles from Columbus Circle. However, if a performer is asked to report to a pickup
site, such site must be between 23rd Street and 59th Street, bounded by the East
River and the Hudson River. Courtesy transportation or reimbursement will be
provided at the end of public transportation to call location.
(3) In Chicago, the studio zone is defined as the area from the western shore of Lake
Michigan within 45 miles of the intersection of State and Madison Streets.
(4) In Detroit, the studio zone is defined as the area within 35 miles of intersection of
Woodward Avenue and Grand Boulevard. The pickup zone is the area within city
boundaries.
(5) In San Francisco, the studio zone is defined as the area within 50 miles of the
intersection of Powell and Market Streets.
(6) In Phoenix, the studio zone is defined as the area within 25 miles of the center of the
city.
(7) In Tucson, the studio zone is defined as the area within 25 miles of the center of the
city.
(8) In all other Branch cities, equivalent studio zones to those above shall be designated
by the Branch and producers located therein. The Guild shall promptly notify
producer organizations of any locally agreed upon studio zones.
57. FLIGHT INSURANCE
A. When a performer is requested by producer to travel by plane, producer shall pay the
performer an additional fee of $10 for flight insurance, if purchased by performer.
B. When producer requests a performer to fly by a non-commercial or non-scheduled carrier,
producer shall obtain a short-term insurance policy for the performer providing insurance
equal to the amount available for $10 on a commercial carrier. Notwithstanding anything
herein to the contrary, the maximum insurance required under this Section shall be the
maximum amount reasonably available in the ordinary course of business from an insurance
company.
58. EXPENSES
When a performer specifically is required by the producer to spend money in connection with
services under this agreement, producer shall provide an advance for such expenditures. Upon
completion of all work and prior to any additional reimbursement, the performer shall submit to
producer an itemized report of expenses incurred at producer''s direction in connection with travel to
and from locations, such as cab fares or mileage to and from air terminals and parking. All pertinent
receipts and bills shall be attached to the report as substantiation of such expenditures if they exceed
the minimum per diem meal and travel allowance as provided for elsewhere in this agreement. In the
event that performer cannot provide such substantiation, producer shall provide reimbursement at the
applicable minimum allowances.
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Producer shall reimburse the performer for such expenses within two weeks from the date the
performer presents such substantiation.
59. DRESSING ROOMS/TELEPHONE
A. Producer shall provide clean and accessible dressing rooms and toilet facilities in studios and
on locations. Such dressing rooms shall be provided with adequate locks or producer shall
provide facilities for checking normal personal belongings.
B. Chairs shall be available for all performers in the dressing rooms, on the stage, and on
location.
C. Dressing rooms shall be clean and in repair and producer shall designate a person responsible
to implement the foregoing. Adequate space and reasonable privacy shall be provided for
wardrobe changes for each performer. Heaters or fans shall be provided as needed in all
dressing rooms. In the event compliance with the foregoing is not feasible because of space,
physical, legal limitations or location practicalities, the matter shall be discussed with the
Guild. Waivers shall not be unreasonably withheld under such circumstances.
D. Whenever a performer is required by producer to make a change of wardrobe on the set,
producer shall provide suitable facilities affording privacy for such purpose.
E. When performers are not performing before the camera, they shall be provided with a
reasonable temperature-controlled area. When campers, buses, automobiles, or other means
of transportation, or rented facilities at the location are used as shelters, such shelters shall be
available and easily accessible to performers at all times.
F. Producer shall maintain a working telephone within a reasonable distance on all locations
where practical. Performers shall have the opportunity to use a telephone when it is
available for such use so long as production or work is neither interfered with nor delayed.
60. SANITARY PROVISIONS - BACKGROUND ACTORS
A. Water Supply: Every set or location shall be supplied with pure drinking water. Common
drinking cups are prohibited.
B. Seats and Cots: Every employer shall provide an adequate number of suitable seats on sets
or location, for all background actors. On every set or location a cot of a type suitable for
use as stretcher, or a stretcher, shall be provided.
C. Locker Rooms: Adequate provisions shall be made for the proper and safe keeping of the
clothing of background actors during working hours. An adequate number of clothes racks
shall be provided on sets or on locations where background actors are employed. If a locker
is not provided on sets or locations during time of employment of background actors, a
responsible party shall be put in charge of any clothing or property belonging to background
actors.
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D. Toilet and Washing Facilities on Location: Adequate toilet facilities shall be provided for all
background actors, and toilets shall be kept in a clean and sanitary condition. The seats of
these toilets shall be screened between each one and in front. Toilet paper must be provided.
Sanitary napkins will be obtainable. Toilet facilities must be arranged during the filming of
swimming sequences. Washing facilities must be provided and either paper or individual
towels supplied. Common towels will not be permitted. Soap must be provided.
Appropriate time and facilities for cleanup will be afforded all background actors before
departing each location.
E. Reasonable protection shall be afforded background actors on all sets and locations against
severe climatic conditions such as heat, cold, rain and snow. Reasonable protection shall
also be afforded background actors who are required to wear out-of-season wardrobe.
F. Violation of any of the provisions of this paragraph shall entitle all background actors
employed on the set or location involved to receive such amount of additional compensation
as may be assessed by decision of the Industry-Union Standing Committee.
61. REPORTING OF INJURIES/SAFETY
A. The producer agrees to notify the Guild in the event an background actor is hospitalized as
the result of an accident during the course of his/her employment.
B. A person qualified under the circumstances to administer medical assistance on an
emergency basis shall be present or readily available at all rehearsals and all performances
during which hazardous action or work under hazardous conditions is planned. Such person
will have visible identification. Producer will provide readily accessible first aid equipment
necessary to administer such medical assistance. In such circumstances, transportation to the
nearest emergency medical facility providing emergency services shall be readily available.
When such action or work is planned on location, the production company shall determine
the nearest emergency medical facilities and capabilities thereof and communication
therewith and assure that transportation to such facilities is readily available at all times
during the performance of such work. The transportation vehicle referred to above shall be
capable of accommodating a stretcher and first aid equipment. The parties agree to
recommend that the Industry-Wide Labor/Management Safety Committee develop
appropriate guidelines as to first aid equipment and visible identification for the
aforementioned person qualified to administer medical assistance on an emergency basis.
C. The producer shall obtain copies of all safety guidelines issued by the Industry-Wide
Labor/Management Safety Committee. Copies of such guidelines shall be available at the
offices of the Guild. The Guild agrees to cooperate in disseminating such guidelines to
producers as they are formulated during the term of this agreement.
62. EMPLOYMENT OF MINORS
A. The parties hereto, recognizing the special situation that arises when minor children are
employed, have formulated the following guidelines to ensure that:
(1) the performance environment is proper for the minor;
(2) the conditions of employment are not detrimental to the health, education and
morals of the minor. The term "morals," as used herein, shall conform to the
definition set forth in the penal code of the state in which the performer''s
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employment is taking place.
It is the intent that the best interest of the minor be the primary consideration of the parent
and the adults in charge of production, with due regard to the age of the minor. As used in
this Section, the term "parent" shall be deemed to include "guardian."
B. The term "minor" as used herein means any performer under the age of 18 years, except that
it shall not include any such performer if:
(1) the performer has satisfied the compulsory education laws of the state governing the
performer''s employment; or
(2) the performer is married; or
(3) the performer is a member of the Armed Forces; or
(4) the performer is legally emancipated.
C. MEALS
Whenever producer supplies meals or other food or beverages to the cast or crew, or
provides money in lieu thereof, the same shall be furnished to all minors. Regarding
beverages, this provision is applicable only in those situations where the producer supplies
beverages to the cast and crew and is not applicable where isolated groups may supply their
own beverages (e.g., prop truck with cooler for beverages). When meals are served to
minors, tables and seats shall be made available for them. No time shall be deducted from
work time for any meal supplied by the producer until the minors are given the opportunity
to get in line for the actual feeding of minors. "Meal" means an adequate, well-balanced
serving of a variety of wholesome, nutritious foods. The furnishing of snacks, such as hot
dogs or hamburgers, to minors by producer shall not constitute a meal period. Meals
supplied by the producer shall not be deducted from the minor''s wages but may be deducted
from per diem.
D. INTERVIEWS, TESTS AND FITTINGS
Calls for interviews, tests and fittings for minors shall not take place at any time during
which the minor would otherwise be attending school, and shall be completed prior to 7:00
P.M. Two adults shall be present at all times during any such session and the minor shall not
be removed from reasonable immediate proximity of the parent.
Casting directors, or other representatives of the producer, shall consciously and consistently
make every reasonable effort to safeguard the minor''s health, well-being and dignity during
these sessions and shall not engage in any behavior which will embarrass, discredit,
disconcert or otherwise compromise the dignity and mental attitude of the minor.
Any facility used for interviews, tests or fittings must comply with local fire and safety
codes. Maximum legal capacity for each facility must be prominently posted.
E. ENGAGEMENT
(1) Producer shall advise the parent of the minor of the terms and conditions of the
employment (studio, location, estimated hours, hazardous work, special abilities
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required, etc.) to the extent they are known, at the time of hiring.
(2) Prior to the first date of engagement, the parent shall obtain, complete and submit to
the producer or producer''s representative the appropriate documents required by
state and local law related to the employment of the minor.
(3) Upon employment of any minor in any areas outside of California, producer shall
notify the Guild Branch office by telephone where such employment will take place.
The Guild Branch office will acknowledge to the employer in writing receipt of the
information.
F. SUPERVISION
(1) The parent must be present at all times while a minor is working, and shall have the
right, subject to production requirements, to be within sight and sound of the minor.
The presence of the parent will not interfere with the production. Parent will not
bring other minors not engaged by producer to the studio or location.
(2) The parent will accompany the minor to wardrobe, makeup, hairdressing and
dressing room facilities. No dressing room shall be occupied simultaneously by a
minor and an adult performer or by minors of opposite sex.
(3) No minor shall be required to work in a situation which places the child in clear and
present danger to life or limb. If a minor believes he or she is to be in such a
dangerous situation after having discussed the matter with the stunt coordinator and
parent, then the minor shall not be required to perform in such situation regardless
of the validity of the minor''s belief.
(4) When a producer engages a minor, the producer must designate one individual on
each set to coordinate all matters relating to the welfare of the minor and shall notify
the minor''s parent of the name of such individual.
(5) A guardian, as that term is used in this Section, must be at least 18 years of age and
have the written permission of the minor''s parent(s) to act as guardian.
(6) When a minor is required to travel to and from a location, the producer shall provide
the minor''s parent with the same transportation, lodging, meals and per diem
allowance provided to the minor.
(7) Whenever federal, state or local laws so require, a qualified childcare person (e.g.,
L.P.N., R.N. or social worker) shall be present on the set during the work day.
G. UNUSUAL PHYSICAL, ATHLETIC OR ACROBATIC ABILITY
(1) A minor may be asked to perform unusual physical, athletic or acrobatic activity or
stunts, provided the minor and the parent represent that the minor is fully capable of
performing such activity and the parent grants prior written consent thereto.
(2) If the nature of the activity so requires, a person qualified by training and/or
experience with respect to the activity involved will be present at the time of
production.
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(3) Producer will supply any equipment needed and/or requested for safety reasons.
(3) The producer shall obtain copies of all safety guidelines issued by the Industry-wide
Labor/Management Safety Committee.
H. WORKING HOURS
(1) Minors'' maximum hours of work shall be as outlined below. (Does not include meal
time.)
Maximum Hours Mandatory
Of Work End Of Day
0 - 5 years 6 7:00 PM
6 - 11 years 8 8:00 PM on school
days
10:00 PM on non-school
days
12 - 17 years 9 10:00 PM on school
days
12:30 AM on non-school
days
(2) Work Hours and Rest Time
(a) The work day for minors shall begin no earlier than 7:00 AM for studio
productions (6:00 AM for location productions) and shall end no later than the
time specified above.
(b) Maximum work time for a minor shall not exceed that provided by the laws
of the state governing his or her employment, but in no event shall exceed
the maximum hours of work stated above. Work time shall not include
meal time but shall include mandatory hourly 5-minute breaks.
(3) Producer shall make every effort to adjust minor''s call time so that minor need not
spend unnecessary hours waiting on set.
(4) If a minor is at a location, the minor must leave the location as soon as reasonably
possible following the end of the minor''s working day.
I. PLAY AREA
Producer will provide a safe and secure place for minors to rest and play.
J. CHILD LABOR LAWS
(1) Producer agrees to determine and comply with all applicable child labor laws
governing the employment of the minor, and, if one is readily available, shall keep a
summary of said laws in the production office.
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(2) Any provision of this Section 62 which is inconsistent with or less restrictive than
any other child labor law or regulation in applicable state or other jurisdiction shall
be deemed modified to comply with such laws or regulations.
K. INCONSISTENT TERMS
he provisions of this Section 62 shall prevail over any inconsistent and less restrictive terms
contained in any other Section of this agreement which would otherwise be applicable to the
employment of the minor, but such terms shall be ineffective only to the extent of such
inconsistency without invalidating the remainder of such Sections.
63. EMPLOYMENT OF STUNT PERFORMERS/DRIVING GUIDELINES/
HAZARDOUS WORK (INCLUDING WET, SNOW AND SMOKE WORK)
A. Where scripted or unscripted stunts or other hazardous activity are required of the performer
by producer, an individual qualified by training and/or experience in the planning, setting up
and performance of the type of stunt involved shall be engaged and present on the set. No
performer shall be requested to perform a stunt without the opportunity for prior consultation
by the performer with such individual.
The foregoing provisions of this Section 63 shall not apply to a stunt performer who both
plans and performs a stunt which does not involve other performers, provided such stunt
performer is qualified to plan and perform the stunt in question.
B. No performer shall be requested to work with an animal which a reasonable person would
regard as dangerous in the circumstances unless an animal handler or trainer qualified by
training and/or experience is present.
C. No performer shall be rigged with any type of explosive charges of any nature whatsoever
without the use of a qualified special effects person.
D. The performer''s consent shall be a requisite precondition to performing stunts or other
hazardous activity. The performer''s consent shall be limited to the stunt or hazardous
activity described to the performer at the time consent was given.
Production companies shall send copies of insurance reports or assistant director''s reports
concerning accidents which take place during production to the appropriate offices of the
Guild and to producer.
E. The performer shall have a reasonable time to become familiar with any mechanical device
and/or equipment used in conjunction with the stunt.
F. All reasonable requests and requirements for safety equipment in connection with the
performance of stunts shall be complied with by producer or producer''s representatives on
the set or location.
G. Equipment provided by producer, for example autos, cycles, wagons, etc., shall be in suitable
repair for the safe and proper performance of the stunt.
H. In the event stunt work is required by producer beyond that which was agreed to by the stunt
performer, the stunt performer shall have the right to negotiate additional compensation for
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the additional work required.
I. STUNT DRIVING GUIDELINES
When any of the following conditions occur, a vehicle driver shall qualify as a stunt
performer:
(1) When any or all wheels leave the driving surface;
(2) When tire traction is broken, i.e., skids, slides, etc.;(3) Impaired Vision - when the
driver''s vision is substantially impaired by:
(a) Dust or smoke
(b) Spray (when driving through water, mud, etc.);
(c) Blinding lights;
(d) Restrictive covering of the windshield;
(e) Any other condition restricting the driver''s normal vision;
(4) If the speed of the vehicle is greater than normally safe for the condition of the
driving surface, or when other conditions such as obstacles or difficulty of terrain
exist or off-road driving other than normal low-speed driving for which the vehicle
was designed occurs;
(5) When any aircraft, fixed-wing or helicopter, is flown in close proximity to the
vehicle creating hazardous driving conditions;
(6) When an on-camera performer is doubled because the level of driving skill requires
a professional driver, the driver double shall qualify as a stunt performer. This
would also apply to doubling of passengers for the safety of the on-camera principal
performer;
(7) Whenever high speed or close proximity of any vehicle(s) creates conditions
dangerous to the driver, passengers, film crew, other people, or the vehicle;
(8) When working in close proximity to pyrotechnics or explosives;
(9) When driving in other than the driver''s seat or blind driving in any form.
J. Performer shall be given a 15-minute break away from the area of smoke or dust during each
hour in which he/she is required to work in smoke or dust.
K. It shall be the responsibility of the producer to provide performers protection from sunburn,
frostbite and extremes of temperature.
L. The producer shall obtain copies of all safety guidelines issued by the Industry Wide Labor-
Management Safety Committee.
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M. WORK OF AN UNUSUAL OR HAZARDOUS NATURE-BACKGROUND ACTORS
The producer shall notify the background actor at the time of the call of the nature of the
work when background actors are required to do night work, "wet" work, work in airborne
dust or debris created by producer, work in smoke created by producer, or work of a rough or
dangerous nature. When a background actor is not so notified, s/he shall have the right to
refuse such work and receive a half (?) check or compensation for actual time worked,
whichever is greater. Failure to notify an background actor of the nature of such work
involved shall not, however, limit producer''s right to require that background actor to do
other extra work, in lieu thereof, if such other extra work exists.
Background actors who are hired on the minimum check, and who thereafter accept
hazardous work, shall be entitled to additional compensation, and the amount of additional
compensation shall be agreed to between the background actor and the producer, or
producer''s representative, prior to the performance of such work. An background actor will
not be discriminated against for refusing to accept hazardous work.
Producer will not deliberately hire anyone but registered background actors, hired in
accordance with this agreement, to perform hazardous extra work. No stunt performer hired
as such may be employed for recognized extra work on location except for bona fide
emergencies not within the contemplation of producer, and no stunt performer hired as such
may be employed for recognized extra work at the studio on the day s/he was employed as a
stunt performer on the same production.
Upon written request from the Guild, producer will submit a report indicating whether any
stunt performers have been employed on a particular program. Upon the written request of
the Guild, producer will also furnish a copy of the script involved and make the program
available to the Guild for viewing.
For violations of this Section, the following liquidated damages shall apply:
1) $215.00 for the first violation.
2) $350.00 for the second and each succeeding violation.
These liquidated damages shall not apply if there is a bona fide dispute as to whether the
work is "background work" or "stunt work."
The foregoing schedule shall be applicable on a per-person-per-day basis.
When hazardous work or stunt work is contemplated, producer shall have available medical
and/or first aid assistance at the studio and on location. First aid kits shall always be
available on studio sets and locations.
N. WET, SNOW AND SMOKE WORK
An background actor required to get wet or to work in snow or smoke shall receive
additional compensation of $15.50 per day. S/he may refuse to get wet or to work in snow
or smoke unless such additional adjustment is previously agreed upon. An background actor
shall not be entitled to such adjustment if s/he is wearing swimming or surfing gear required
for the scene or is wearing appropriate snow apparel or working in smoke on a set where
crowd work waivers are employed.
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A background actor not notified at the time of booking that wet, snow or smoke work is
involved may refuse to perform in wet, snow or smoke and will receive a half (?) day''s pay,
or payment for actual time worked, whichever is greater.
When background actors are required to get wet or to work in snow, producer will provide a
private place to change into dry clothing for meal periods and at dismissal. A bus is not
acceptable as a place to change wardrobe unless equipped with appropriate changing areas.
64. EMPLOYMENT OF DANCERS
A. DEFINITION - DANCERS
Dancers, swimmers, skaters, professionally trained, doing choreographed routines requiring
rehearsals, such as ballet, chorus dancing, modern dance, tap dancing, jazz dancing,
acrobatic dancing, exhibition-level dancing, or skating, shall be employed as choreographed
dancers.
B. WORKING CONDITIONS
(1) Standard Floors - Floors for choreographed dancers must be resilient, flexible and
level in accordance with industry standards. Industry standards generally provide
for 2" of air space beneath wood flooring or 3" or 4" of padding under battleship
linoleum laid over a concrete or wood-on-concrete floor. Floor surfaces must be
clean and free of splinters, wax, nails, etc. Floors should be swept and mopped at
least daily with a germ-killing solution. If producer requires dancing on surfaces
which do not meet the foregoing general standards, such work shall be deemed to be
"hazardous work" and shall be subject to all the provisions of this agreement
concerning hazardous work and performers'' safety. In all instances dancing on
concrete shall be deemed hazardous.
(2) Unusual Work Conditions - If producer requires dancing in inclement weather, in
dust, smoke, and/or fog, or in out-of-season clothing or in costuming which by
virtue of its fit or nature may subject the dancer to physical injury or health hazard,
it shall be deemed to be "hazardous work" and shall be subject to all the hazardous
work provisions of the agreement.
(3) Warm-up Spaces - Adequate space must be provided to permit all dancers to warm-
up (perform limbering exercises) 30 minutes prior to dancing.
(4) Breaks - Dancers will have at least 10 minutes rest during each hour of actual
rehearsal or shooting unless rehearsal or shooting is of a continuous nature. If so, at
the choreographer''s discretion, dancers may continue until a total of 90 minutes has
elapsed, after which time a 20-minute break must be called.
(5) Temperature - Stage or rehearsal area temperature for choreographed dancers must
not fall below 75 degrees. Air ventilation (circulation) shall be provided at all times
but air conditioning is not acceptable unless strictly regulated to prevent drafts.
(6) Meal Periods - Dancers cannot be required to dance or skate within 30 minutes
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following a meal. Swimmers cannot be required to go into the water within 30
minutes following a meal. If producer does not provide meal service and dancers
must leave the premises or location to eat, an additional 15 minutes must be allowed
both before and after the meal break to permit the dancer to change clothes. Such
15-minute period may be included in the 30-minute waiting period following a meal.
(7) Emergency Treatment - Producer will use best efforts to have a doctor qualified to
treat dancers on call in case of an emergency and will notify the deputy elected by
dancers of the doctor''s name and phone number.
(8) The compensation payable to a dancer for hazardous activity shall be $69.50 ($72.50
effective 11/1/03) per day, with a minimum of $107.00 ($111.50 effective 11/1/03) if
only one day''s services are rendered.
(9) "Wire Flying" shall in all instances be considered "hazardous."
(10) Footwear provided by the producer shall be appropriate to the work and shall be
clean, properly fitted, braced and rubbered.
(11) Any dancer who is directed to and reports with personal footwear shall be paid an
allowance of $10.70 per day for each pair of shoes utilized in the performance.
65. EMPLOYMENT OF SINGERS
A. PHONOGRAPH RECORDS AND TAPE RECORDINGS
There shall be separate bargaining at the time of employment between a singer and producer
for the use of soundtrack on phonograph records or tape; otherwise such rights may not be
acquired. Singers'' contracts for phonograph records or audio tape recordings shall contain a
separate clause to be initialed at the time of employment providing for the use of soundtrack
on records or tape recordings to be not less than the AFTRA rate contained in the Code
negotiated with the recording industry.
B. FIVE-MINUTE BREAKS
Singers shall be given a five-minute rest period in each hour of recording.
C. AVAILABILITY FOR RECALL AFTER EMPLOYMENT
The producer may not agree with any singer that the singer will hold himself/herself
available for any day after the termination of an original period of employment (which may
be as short as one day) unless the producer agrees at the same time to employ the singer for
such day. It is agreed, however, that the singer may be recalled by the producer and will
report, at any time prior to the completion of production of the program for which s/he was
originally employed on the same terms and conditions (except as to the original term of
employment), provided that s/he is not then otherwise employed.
D. CONTRACTORS
Where producer relies on a singer to contribute services in addition to singing in connection
with assembling a group of three or more singers and such singer performs the services of a
contractor, such singer shall be paid the applicable contractor rate for such services. The
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foregoing shall not be applicable to three (3) or more singers who are an established group or
act.
66. EMPLOYMENT OF OFF-CAMERA PERFORMERS
The following provisions of the on-camera performers Working Conditions sections, modified as
stated below, shall apply to the employment of performers off-camera:
10. Casting and Auditions
23. Individual Voice and Photographic Tests
Modified to provide that the performer''s services shall not be required for more than 30 minutes,
including waiting time.
24. Engagement and Cancellation
Modified as follows: Performers called for off-camera sessions shall receive definite calls for
designated sessions such as 10:00 A.M. to 12:00 noon, or 10:00 A.M. to 4:00 P.M. The call may
not be extended unless agreed to by the performer.
31. Meal Periods
33. Rest Period
34. Premium Rates
35. Work on Holidays
36. Rehearsal Time
40. Work Time - Definition and Exceptions
46. Story, Song, and Production Conferences
47. Study of Lines or Script
50. Publicity Interviews
51. Publicity Stills
56. Travel
Modified to provide that the performer employed to render services off-camera shall be paid for
traveling on the same basis as though the performer were employed to render services on
camera.
57. Flight Insurance
58. Expenses
59. Dressing Rooms/Telephone
62. Employment of Minors
63. Employment of Stunt Performers/Driving Guidelines/
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Hazardous Work (Including Wet, Snow and Smoke Work)
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67. TERM OF AGREEMENT
The term of this agreement shall commence on May 1, 2002 and be effective through April 30, 2005.
In the event either party has not served appropriate timely notice of termination for the expiration
date above, the agreement shall be extended on a day-to-day basis until 60 days after either party
serves written notice of termination on the other.
68. RECOGNITION AND SCOPE OF AGREEMENT
The Guild is recognized by producer as the exclusive collective bargaining agent for principal
performers and extra performers in the production of industrial/educational programs (herein referred
to as "programs") within the United States of America. The terms "performer" means those persons
covered by the terms of this agreement as defined in Section 1, p.1, hereof.
The terms and conditions of this agreement apply to programs produced by producer in the United
States, which includes its commonwealths and possessions, and to programs for which producer
engages performers within such territorial areas wherever such programs are made.
69. NO STRIKE – NO LOCKOUT
A. Provided the producer complies with this agreement, SAG will not strike against the
producer, as to performers covered by this agreement in the field covered by this agreement.
To the extent SAG has agreed not to strike, it will order its members to perform their
contracts with the producer. This and the following paragraphs shall apply only to producers
who sign this agreement. Producer and SAG agree that there will be no stoppage of work
pending arbitration and award, and parties agree that all awards rendered will be binding
upon them.
B. RIGHTS AND DUTIES OF GUILD MEMBERS AND PRODUCERS
(1) If, after the expiration or other termination of the effective term of this agreement,
the Guild shall call a strike against any producer, then each respective contract of
members of the Guild with such producer shall be deemed automatically suspended,
both as to service and compensation, while such strike is in effect, and each such
member of the Guild shall incur no liability for breach of his or her respective
contract by respecting such strike call, provided such member shall promptly, upon
the termination of such strike, and on the demand of the producer, perform as
hereinafter in this paragraph provided, and the member shall be deemed to have
agreed as follows:
(a) that as to any program which is in production at the time any such strike is
commenced, if the member has a contract to do such program, or if the
member is under contract which permits him or her to be assigned to act in
such program and has been so assigned, he or she will, after the termination
of such strike and upon the request of the producer, report to the producer
and perform services in such photoplay at the same salary and upon the
same terms and conditions as were agreed upon prior to the commencement
of said strike;
GENERAL LEGAL PROVISIONS
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(b) that the member will immediately, after the termination of such strike and
upon the request of the producer, execute a new contract on the same terms
and conditions which were in effect at the time the strike commenced,
except that such new contract shall be for a period or periods, including
option, equivalent to the unexpired term of the contract which was in effect
when strike was commenced;
(c) that the member will, in lieu of (b), after the termination of such strike, at
the option of the producer, and upon its demand, execute an agreement in
writing with the producer extending the term or the period of such personal
service contract in effect when such strike was commenced for a period of
time equal to the period of any suspension by such strike.
If the member shall fail to perform the foregoing, or if the member shall fail actually
to finish services in the program mentioned in (a), as provided in (a) (except by
reason of the member''s death, physical disability, or default by the producer), then
the waiver of liability by the producer heretofore given shall be null and void.
The member further agrees that the statute of limitations as a defense to any action
by the producer against the member for failure to perform during such strike is
extended by a period equivalent to the duration of such strike. If the member asserts
any claim or defense by reason of the expiration of time during which the member
can be required to perform services by virtue of any statute (such as the seven-year
statute) which claim or defense is based in whole or in part on the lapse of time
during such strike, the waiver by the producer is ineffective thereupon, and the
statute of limitations as to the producer''s rights is waived by the member
automatically.
(2) The automatic suspension provision of this Section 69 shall not affect the producer''s
right to sue any individual performer for breach of contract arising during the period
of such strike, unless such performer shall have complied with his or her obligations
under the provisions of this Section 69.
(3) The provisions of this Section 69 shall be deemed included in all contracts between
performers and producer which are now in effect and all such contracts which shall
be entered into during the effective term of this collective bargaining agreement.
(4) The Guild agrees that it will take such affirmative action as may be necessary and
lawful in order to require its members to perform their respective obligations under
the provisions of this Section 69.
(5) Notwithstanding the expiration or other termination of the effective term of this
collective bargaining agreement, by termination or otherwise, the provisions of this
Section 69 shall be and remain in full force and effect for a period of seven (7) years
following the termination of any such strike, unless this covenant be sooner
terminated by the written consent of producer and Guild.
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C. RIGHT TO RESPECT PICKET LINES
The Company or producer will not discriminate against any individual SAG performer for
refusal to cross a lawful picket line which is established at the premises of the Company or
producer as the result of a lawful strike, authorized by responsible officers having the right to
do so (at the appropriate local, national or international level) of any member union of the
AFL-CIO which has a collective bargaining agreement or is negotiating a collective
bargaining agreement with the Company or producer.
70. TITLE OF AGREEMENT
This agreement shall be known as the Producers-Screen Actors Guild 2002 Codified Industrial and
Educational Contract.
71. GUILD''S ARTICLES AND BY-LAWS
The Guild agrees that if there is anything in its Articles of Incorporation or its By-Laws which will
prevent it from performing its obligations hereunder, it will take proper steps to amend such Articles
or By-Laws so as to correct any such defect, and the Guild further agrees that during the term of this
agreement it will not adopt any code for performers or any amendment to its Articles or By-Laws
which will be in conflict with its obligations under this agreement. The Guild states that its By-Laws
provide that each of its members is bound by the provisions of this agreement.
72. SEPARATE AGREEMENT AS TO EACH PRODUCER
A. This agreement is a separate agreement as to each producer, and is not joint and several, and
shall be construed as a separate agreement between the Guild and each producer signatory
hereto.
B. This agreement may be executed in any number of counterpart originals, each counterpart to
have the same effect as an original, or by letter accepting all terms and conditions hereof.
C. This agreement shall be binding on the signatories hereto and all parties who by reason of
mergers, consolidations, reorganizations, sale, assignment or the like shall succeed to, or
become entitled to, a substantial part of the production business of any signatory. Each
producer agrees that its signature to this agreement shall likewise bind subsidiary and
controlled companies engaged in the production of programs to terms of this agreement.
73. EXISTING CONTRACTS MODIFIED
Each producer agrees, for the benefit of SAG and all performers employed by any producer, directly
or indirectly, that existing contracts with all performers are hereby modified in accordance herewith,
but no terms and conditions now had by any such performers which are more favorable to such
performers than the terms and conditions herein specified, shall be deemed so modified. If there are
any other contracts between or among the producers to this agreement or with SAG or any members
of SAG, which require performers to work under terms and conditions less favorable to such
performers than this agreement, then notwithstanding any such contracts, it is agreed that this
agreement shall, nevertheless, apply for the benefit of all such performers and of SAG.
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74. PURPOSES OF CODIFICATION – SAVING CLAUSE – TITLE
A. The purpose of this codified agreement is to present in a more convenient and usable form
the effective provisions contained in the 1996 Codified Industrial and Educational Contract
as modified by the agreement in 2002 without in any manner changing the intent or meaning
of said provisions.
B. In the event that the Guild or any producer shall discover that any effective provision
contained in the foregoing agreement has been unintentionally omitted from this
codification, such party may request its inclusion herein; the Guild and the producer agree to
discuss promptly the request and if they determine that the provision was unintentionally
omitted then the parties agree to include such provision in this codification.
75. RULES OF CONSTRUCTION
A. The language in all parts of this agreement shall in all cases be construed simply according to
its fair meaning, and not strictly for or against the Guild or the producer. Unless otherwise
specifically defined herein, the terms used shall be given their common meaning in the
motion picture industry.
B. The heading of sections or subsections and the index are not a part of this agreement and
shall not be construed as altering the meaning of the text of this agreement.
C. If any portion of this agreement shall be held illegal, such portion shall be ineffective; but, if
such portion is a major provision of this agreement, either party may thereupon terminate this
agreement on ninety (90) days written notice to the other party.
76. SERVICE OF NOTICE
Any notice which either party may desire to serve upon the other may be served personally upon a
corporate officer of such party, or by registered mail, postage prepaid, addressed to such party at its
principal place of business.
77. FINANCIAL ASSURANCES
The Guild may, in its discretion, require financial assurances in the form of a bond, cash deposit,
certified checks or in any other appropriate form, where it appears to the Guild to be necessary for the
protection of the performers employed by producer.
78. RIGHT TO TERMINATE; UNFAIR LIST
Nothing in this agreement shall preclude the right of Screen Actors Guild to terminate this agreement
and declare a producer unfair when such producer, knowingly and intentionally, breaches its
obligations under this agreement; such as, by way of example and not by way of limitation, where a
producer fails to pay compensation owing to performers employed by it where there is no bona fide
controversy as to the obligation owing.
79. LIMITATION ON LIABILITY
The Guild is a corporation. Nothing in this Section shall enlarge the liability of its officers, directors,
agents, and members, this Section being an additional limitation thereon. The Guild will not be held
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liable for unauthorized acts of its officers, agents, directors or members; neither the Guild nor its
offices, directors, agents or members not participating in the actions hereinafter mentioned, shall be
liable for any strike, slowdown, or work stoppage unless the same be authorized by the Guild in
accordance with its By-Laws, but the foregoing exemption of this sentence shall not apply unless the
Guild, upon request from the producer affected thereby, shall proclaim promptly and publicly that
such strike, slowdown or work stoppage is unauthorized, and follows such pronouncement within a
reasonable time thereafter, if requested so to do by the producer affected, with disciplinary
proceedings in accordance with its By-Laws against the participants in such unauthorized action.
80. RECOGNITION, RULES AND REGULATIONS
The bargaining unit is a national unit. Said bargaining unit is without prejudice to either party.
Producer recognizes SAG as the exclusive collective bargaining agent for all performers and agrees
that during the term of this agreement all performers employed or otherwise engaged for
industrial/educational programs directly or indirectly or through agents or representatives will
become members of SAG in good standing.
Producer further recognizes that members of SAG must abide by SAG''s Constitution and By-Laws,
Rules and Orders, and obligations thereof, and that the engagement is subject to such rules. SAG
agrees it has no present rule, requirement or obligation upon its members, and during the term of this
agreement will make no future rule, requirement or obligation which is in derogation of this
agreement. SAG agrees not to impose unreasonable entrance fees or dues upon its members.
81. ARBITRATION
A. All disputes and controversies of every kind and nature whatsoever between any producer
and the Guild or between any producer and any performer arising out of or in connection
with this agreement, and any contract or engagement (whether overscale or not and whether
at the minimum terms and conditions of this agreement or better) in the field covered by this
agreement as to the existence, validity, construction, meaning, interpretation, performance,
non-performance, enforcement, operation, breach, continuance, or termination of this
agreement and/or such contract or engagement, shall he submitted to arbitration in
accordance with the following procedure:
B. The parties shall agree to the use of a predetermined list of single arbitrators in random order.
If an arbitrator is not available for more than twenty-one (21) days, another random
selection shall be made. Until such time as the parties have agreed upon a panel of single
arbitrators for use in any area in which the Guild maintains a branch or office, the following
provisions shall be applicable to the selection of arbitrators. The Guild, acting on its own
behalf or on behalf of any person employed under this agreement or the producer concerned,
may demand such arbitration in writing. The parties shall thereupon endeavor to agree upon
a single qualified arbitrator acceptable to them both. If agreement cannot be reached within
ten (10) days, the American Arbitration Association shall appoint an arbitrator.
C. The hearing shall be held on 2 days'' notice and shall be concluded within 14 days unless
otherwise ordered by the arbitrator. The arbitration award shall be made within 7 days after
the close of the submission of evidence, shall be final and binding upon all parties to the
Proceeding, and judgement upon such award may be entered by any party in the highest
court
of the forum, state or federal, having jurisdiction.
D. The word "producer" as used in this agreement includes any third person to whom a program
has been sold, assigned, transferred, loaned or otherwise disposed of. Any producer
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including such third party "producer" may file with the Guild the name and address of an
available person in New York City or Los Angeles, upon whom service of a demand for
arbitration and other notices and papers under this paragraph may be made. If such name
and address is not on file with the Guild, or if although on file the named person is not
available, the producer irrevocably appoints the Secretary of the American Arbitration
Association as producer''s agent to accept service and receive all notices, demands for
arbitration and service of process in actions on the award in any suit by the Guild or Guild
members. Producer further agrees that such notices, demands for arbitration and other
process or papers may be served on the foregoing persons by registered mail sent to their last
known address with the same force and effect as if the same had been personally served.
E. The parties agree that the provisions of this Section shall be a complete defense to any suit,
action or proceeding instituted in any federal, state or local court or before any
administrative tribunal with respect to any controversy or dispute which arises during the
period of this agreement and which is therefore arbitrable as set forth above. The arbitration
provisions of this agreement shall, with respect to such controversy or dispute survive the
termination or expiration of this agreement.
F. The Guild shall be an ex-officio party to all arbitration proceedings hereunder in which any
performer is involved and may do anything which a performer named in such proceedings
might do. Copies of all notices, demands, and other papers filed by any party in arbitration
proceedings and copies of all motions, actions or proceedings in court following the award,
shall be promptly filed with the Guild.
G. Nothing herein contained shall be deemed to give the arbitrator(s) the authority, power or
right to alter, amend, change, modify, add to or subtract from any of the provisions of this
agreement.
H. It is the policy of the Guild not to process unduly late claims.
82. LOAN OUTS – AUDITS – ADHERENCE TO PENSION AND HEALTH PLANS
A. LOAN-OUTS
Where the producer borrows acting services from loan-out company, or enters into a contract
with a principal performer under which covered services and non-covered services are to be
provided, the following shall apply:
(1) There will be a separate provision in principal performer''s agreement or loan-out
agreement covering only acting services. Where other services are involved and
there is a dispute over the portion of the compensation allocated to acting services,
the principal performer''s "customary salary" shall be given substantial consideration
in resolving such dispute.
(2) Contributions shall be payable on the amount allocated to covered services.
(3) The producer shall have the obligation to make the contributions directly to the
Plans whether the agreement is with the performer or with the performer''s loan-out
company.
(4) If, prior to the date on which producer assumed the obligation to make the contributions
directly to the Plans, a loan-out company has failed to make the applicable pension and
health contributions on behalf of the loaned-out performer pursuant to the provisions of
any applicable SAG Industrial/Educational Contract, Producer shall not be liable for
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such contributions if the loan-out company failed to pay such contributions more than
four (4) years prior to the date of commencement of the audit that gives rise to the claim
(whether or not it is of the loan-out company''s records or the borrowing producer''s
records). The date of commencement of the audit shall be deemed to be the date of
actual audit entry, but in no event later than ninety (90) days after the date of the Plans''
notice of intent to audit. In the event that the Plans conclude, based on an audit of a
loan-out company''s records, that there exists a claim for unpaid contributions, the Plans
or the Guild must give the borrowing producer written notification of any such claim for
unpaid contributions at the time that the loan-out company is notified of such claim.
B. AUDITS
Claims against producer pursuant to subsection A(3) above for pension and health
contributions on behalf of performers borrowed from a loan-out company, or claims against
producer, must be brought within four (4) years from the date of filing of the compensation
remittance covering such performers. Any claim for contributions not brought within the
four (4) year periods referred to shall be barred.
C. ADHERENCE TO PLANS
By signing this agreement, producer thereby applies to become a party to and agrees to be
bound by the Screen Actors Guild-Producers Pension Plan Trust agreement and the Pension
Plan adopted thereunder; and the Screen Actors Guild-Producers Health Plan Trust
agreement and the Health Plan adopted thereunder, if the producer is not already a party to
said agreements and Plans.
Producer further hereby accepts and agrees to be bound by all amendments and supplements
heretofore and hereafter made to the foregoing agreements and documents.
Producer hereby accepts the Producer Plan Trustees under said Trust Agreements and their
successors designated as provided herein.
83. AGENCY FEES
All compensation paid to background actors employed by producer through any agency shall be net
to the background actor, except for such deductions or withholdings as may from time to time be
provided by law or by this agreement; it being agreed that the producer and not the background actor
shall bear the agency fee for obtaining employment, and that the background actor shall not be
required by producer to pay such agency fee directly or indirectly.
84. TRANSFER OF RIGHTS - ASSUMPTION AGREEMENT
A. Upon the sale, transfer, assignment or other disposition by producer of any program produced by
it hereunder, the producer shall not be responsible to the Guild or to any Guild members for any
payments thereafter due with respect to the use of such programs or for a breach or violation of
this agreement by such transferees, if the Guild approves the financial responsibility of such
transferee in writing, and if the producer in its agreement with such transferee has included a
provision substantially in the following form:
__________________________________ (name of transferee) hereby
agrees with (name of producer) that all programs covered by this agreement
are subject to the Producers-Screen Actors Guild 2002 Industrial and
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Educational Contract. The said transferee hereby agrees expressly for the
benefit of Screen Actors Guild and its members affected thereby to make all
payments of fees as provided in said Contract and all Social Security,
withholding, unemployment insurance and disability insurance payments
and all appropriate contributions to the Screen Actors Guild-Producers
Pension and Health Plans required under the provisions of said Contract
with respect to any and all such payments and to comply with the provisions
of said Contract with respect to the use of such program and required
records and reports. It is expressly understood and agreed that the rights of
transferee to use such program shall be subject to and conditioned upon the
prompt payment to the performers involved of all compensation as provided
in said Contract and the Guild, on behalf of the performers involved, shall
be entitled to injunctive relief in the event such payments are not made."
The producer agrees to give written notice by mail, to the Guild, of each sale, transfer,
assignment or other disposition of any program which is subject to this agreement, within 30
days after the consummation of each sale, etc., and such notice shall specify the name and
address of the purchaser, transferee or assignee, and to deliver to the Guild a copy of the
agreement with the purchaser, transferee or assignee.
B. When a producer produces a program hereunder for a client signatory to this agreement or a
Letter of Adherence hereto:
(1) The client shall guarantee payment of the applicable daily base pay or fee for such
program;
(2) The client shall make all payments of fees and otherwise comply with this
agreement with respect to such program;
(3) The producer shall not be responsible to the Guild or any Guild members for any
payments of fees or for any breach or violation of this agreement by the client; and
(4) The agreement set forth in paragraph A of this Section 84 need not be obtained.
85. INDUSTRY-UNION STANDING COMMITTEE
The Standing Committee shall consist of five (5) Industry representatives and five (5) Union
representatives. Three (3) Industry and three (3) Union representatives may act as the Committee.
The Committee shall meet from time to time upon request of either party and may establish such
regular meetings as it deems proper. The Committee shall have the following functions:
A. To discuss, investigate and make recommendations as to the solution of problems arising in
the construction, interpretation and administration of this agreement and as to any abuses or
grievances, which arise during the term hereof affecting performer-producer relationships
generally and for which no remedy is provided hereunder;
B. To make every effort to prevent and remedy abuses arising under this agreement to eliminate
tensions; to promote cooperation and to assist in a mutual understanding of the problems of
employer and employee;
C. To discuss, investigate and make recommendations with respect to any and all other matters
affecting the operation and application of this agreement and which will aid in promoting
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harmonious performer-producer relationships;
D. To consider any cases of inequity brought to its attention arising out of contracts for the
performance by the performer of additional services other than in programs or the method of
contracting therefor;
E. To review, revise and promulgate report forms and other records appropriate to carry out the
purposes and provisions of this agreement;
F. To arrange the provisions of this agreement to place them in a more functional and convenient
order;
G. To study the problems of implementation in connection with insuring against liability arising
out of injuries to persons or property during performance;
H. To study and investigate problems arising out of independent casting agencies.
I. To resolve any disputes over extra performer sanitary provisions on set or location.
86. CONTRACT INCORPORATED IN PERFORMER''S INDIVIDUAL CONTRACTS
The applicable provisions of this agreement shall be deemed incorporated in the individual contract
of employment between producer and each performer. Nothing contained in this agreement shall be
construed to prevent any performer from negotiating with and obtaining from the producer better
terms than are provided herein. Every contract (whether written or oral) between producers under
this agreement and any performer shall be deemed to contain the following clauses:
"Notwithstanding any provision in this contract to the contrary, it is specifically understood and
agreed by all parties hereto:
A. That they are bound by all the terms and provisions of the Screen Actors Guild Codified
Industrial and Educational Contract.
B. That should there be any inconsistency between said contract and the valid rules and
regulations enacted by the Guild not in derogation thereof, this agreement shall prevail; but
nothing in this provision shall affect terms, compensation or conditions provided for in this
contract which are more favorable to members of the Guild than the terms, compensation and
conditions provided for in said agreement.
C. If the term of this contract is of longer duration than the term of the Screen Actors Guild
Industrial and Educational Contract and the producer, this contract shall be modified to
conform to any agreements or modifications negotiated or agreed to in this contract, and the
existence of this contract shall not prevent the performer from engaging in any strike or
obeying any of the lawful rules and regulations of the Guild without penalty by way of
damage or otherwise, subject to mutual cancellation or termination of this contract without
penalty on either side.
D. That the performer is covered by the provisions governing the Screen Actors Guild-
Producers Pension and Health Plans.
E. All disputes and controversies of every kind and nature arising out of or in connection with
this agreement shall be determined by arbitration in accordance with the procedure and
provisions of this agreement.
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F. No waiver by any performer of any terms of this agreement shall be requested of the
performer or become effective unless the consent of the Guild is first obtained. Such consent
may be oral, but the Guild agrees that all oral waivers will be confirmed in writing by it.
Whenever the producer is entitled to a waiver, the Guild agrees to issue the same without
cost."
87. INDEMNIFICATION
A. Subject to the provisions of subsections E, F and G hereof, in the event any other member of
the cast, production staff, crew or any other person, firm or corporation shall suffer injury to
his or her person and/or property, of any kind whatsoever by reason of, or as a result of, the
performance by any performer or stunt performer (hereinafter in this paragraph called
"performer") of a stunt or act in the course and scope of employment under this collective
bargaining agreement, under the direction and control of producer, producer shall at all times
indemnify and save the performer harmless from and against all liability, loss, damages and
costs, including reasonable counsel fees, which the performer may for any cause at any time
sustain or incur an injury by reason of such performance. In the event legal action is taken
against the performer, either jointly with producer or alone, producer shall at its own cost
and expense and without undue delay provide the defense of the performer in all such
litigations.
B. In any instance where a stunt coordinator is engaged pursuant to the requirements of this
agreement, the stunt coordinator acting in the course and scope of the coordinator''s
employment shall be entitled to indemnification in the same manner and to the same extent
as a principal performer or stunt performer pursuant to subsection A above, subject to the
following:
(1) The indemnification of a stunt coordinator shall be provided only by the production
house or such other party who directly engages the stunt coordinator.
(2) Nothing herein contained shall be construed or used by any party as a basis for
asserting whether or not stunt coordinators perform services covered by this
agreement.
C. In the event any legal action in the courts or before administrative agencies results by reason
of or as a result of any material or action of a performer included in a program in the scope
and course of employment under this collective bargaining agreement, under the direction
and control of the producer, producer shall at all times indemnify and save the performer
harmless from and against all liability, loss, damages and costs, including reasonable counsel
fees, which the performer may for any cause at any time sustain by reason of such
performance. In the event legal action, in the courts or administratively is taken against the
performer either jointly with the producer or alone, producer shall at own cost and expense
and without undue delay provide the defense of the performer in all such litigation.
D. The indemnity provided for in subsections A, B and C above shall be limited to actions of
the performer taken pursuant to the direction, control or request of producer or producer''s
designee, or material provided to the performer by producer or designee. The performer
shall similarly indemnify producer against any liability, loss, damages and costs, including
reasonable counsel fees, which producer may at any time sustain or incur by reason of action
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taken by the performer contrary to the direction of producer or outside the course and scope
of employment or by reason of any fraudulent material provided by the performer.
E. The indemnitee shall notify the indemnitor promptly in writing in case knowledge shall
come to the indemnitee of any claim or litigation arising out of such performance and
thereafter deliver to the indemnitor every demand, notice, summons, complaint or other
process received by the indemnitee or indemnitee''s representative relating thereto.
F. The indemnitor shall have the right to assume full and complete control of the defense of any
claim or action. The indemnitee shall cooperate fully in the defense so provided by
indemnitor of such claim or action, and upon the indemnitor''s request, shall attend hearings
and trial and, whenever possible, assist in (1) securing and giving evidence; and (2) obtaining
the attendance of witnesses at such hearings and trials.
G. The indemnitee shall not make any settlement or compromises of any such claim or litigation
without the prior written consent of the indemnitor. Any settlement or compromise by the
indemnitee without indemnitor''s prior consent of any such claim or litigation shall nullify
indemnitor''s obligation under subsectioins A, B or C above.
H. If the indemnitee has reason to believe that any indemnitor does not have financial resources
sufficient to cover its indemnity under this agreement, then the indemnitee may require that
insurance be provided so as to cover any reasonable liability which the indemnitor may
incur. When the indemnitee is a performer, the Guild may act on the performer''s behalf in
making a reasonable determination of financial responsibility.
I. Nothing herein contained shall be construed to: (1) deprive indemnitor of any lawful defense
to such claim or action including the defense that such claim arose by reason of indemnitee''s
acts outside the scope of the indemnitee''s employment; or (2) expand producer''s liability to
any person under the applicable Worker''s Compensation Law.
88. PRODUCER, GUILD AND PERFORMER RESPONSIBILITY
A. It shall be the responsibility of producer faithfully to perform all its obligations hereunder,
including but not limited to the employment of performers, Professional Recognition -
Preference of Employment provisions, Union Security provisions, prompt payment of the
rates as herein provided, and the prompt and timely payments of the appropriate use fees.
Producer agrees that:
(1) It will not enter into any agreement with or employ any performer for programs
covered herein, upon terms and conditions less favorable to the performer than those
set forth in this agreement.
(2) No waiver by any performer of any provisions of this agreement shall be effective
unless the written consent of the Guild to such waiver is first obtained.
(3) Nothing in this agreement shall be deemed to prevent any performer from
negotiating for and/or obtaining better terms than the minimum terms provided for
herein.
(4) The acceptance of payment or other consideration in money, by check, or in any
other form, by a member of Screen Actors Guild, for any work or services under this
agreement, shall not be deemed a waiver by such Screen Actors Guild member, nor
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constitute a release or discharge by the performer of such Screen Actors Guild
member''s rights either under this agreement, or under any agreement for additional
compensation or contractual rights. Releases, discharges, notations on checks,
cancellations, etc., and similar devices which may operate as waivers or releases
shall be null and void as far as any Screen Actors Guild, member is concerned
unless the Guild''s prior written approval is first obtained.
(5) It is the essence hereof that producer will not evade, circumvent or violate, or seek
to evade, circumvent or violate this agreement or any part thereof, either
directly or indirectly, nor will producer knowingly permit such evasion,
circumvention or violation by any controlled, allied or affiliated firm, corporation or
person.
B. It shall be the responsibility of the Guild faithfully to observe its obligations under this
agreement, to encourage observance by its members, and to take appropriate disciplinary action
against any member who knowingly or willfully violates this agreement and the terms of the
member''s employment agreement when charges of such violations are filed by an aggrieved
producer. In no way does the above derogate from any right which producer, Guild or the
performer may have to seek separate redress for any breach.
The Guild will undertake to notify and inform its franchised agents of the mutual responsibility
set forth herein and to encourage their adherence thereto in their relationship with performers and
producers.
89. USE IN A NEW PROGRAM CREATED FOR ANOTHER FIELD OR MEDIUM -
THEATRICAL MOTION PICTURES, TV PROGRAMS, COMMERCIALS, ETC.
A. The rights to producer for programs produced under this agreement are limited to the right to
use, distribute, reproduce and/or exhibit such programs initially and primarily in accordance
with the definitions of Category I and II in Section 5 of this agreement. Any supplemental
use rights are limited to those described in Section 7 of this agreement.
B. Producer agrees that no part of the photography or sound track of a performer made for a
program shall be used in a new program created for another field or medium (other than the
industrial/educational field, see Section 7F, Integration and/or Customization) without
separately bargaining with the performer and reaching an agreement regarding such use. The
foregoing requirement of separate bargaining applies to use in theatrical motion pictures,
commercials, television programs or use in any other field or medium. Such separate
bargaining shall take place prior to the time of such proposed use, but the performer may not
agree to such use at the time of original employment. Producer''s rights to use portions of one
program in another industrial/educational program (integration and/or customization use
rights) are limited to those described in Section 7F, of this agreement.
(1) All such bargaining shall be subject to the minimum wages and use fees provided
for in the collective bargaining agreement, if any, applicable to the field in which the
photography or sound track is used. If producer is unable to find the performer
within a reasonable time, it shall notify the Guild, and if the Guild is unable to find
the performer within a reasonable time, producer may reuse the photography or
sound track without penalty.
If producer fails to bargain separately with the performer as provided above, or if
producer and the performer bargain but are unable to reach an agreement, Producer
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shall be prohibited from making such use of the material. In case of violation of the
foregoing, the performer shall be entitled to damages for such unauthorized use
equivalent to three times the amount originally paid the performer for the number of
days of work covered by the material used. In addition, minimum use fees, if any,
applicable to the field in which the material is used shall be paid. However, the
performer may, in lieu of accepting such damages, elect to arbitrate the claim or
bring an individual legal action in a court of competent jurisdiction to enjoin such
use and recover such damages as the court may fix in such action.
The provisions of this subsection B(1) shall not be applicable to unidentifiable off-
camera group performers. With respect to on-camera performers, the provisions of
this subsection B(1) shall apply only if the performer is recognizable and, with
respect to stunt performers, only if the stunt is identifiable. However, all solo and
group singers shall be covered by the provisions of this subsection B(1).
(2) If the producer wishes to use the performer''s soundtrack in a simulcast, the
individual performer''s contract shall contain a provision requiring additional
compensation payable at the time of such simulcast. Such additional compensation
shall be no less than the rates provided for in the applicable collective bargaining
agreement for radio.
(3) No service of the performer is contracted for except as specified in this collective
bargaining agreement. This paragraph is not intended to prevent a performer from
contracting for services of a kind not covered by this agreement by individual
contract at such rates of pay and under such conditions as producer and the
performer shall agree, subject only to the requirement that it shall not be in conflict
with this collective bargaining agreement. Producer shall not require a performer to
include such services as a part of the performer''s employment under this agreement
but must bargain separately.
90. PHOTOGRAPHY INSTANT PROGRAMS
Producer will give the Guild at least sixty (60) days advance notice of the employment of any
performer in a program to be made from a currently-running legitimate stage play, ballet, opera, or
other legitimate stage performance (all being referred to in this Section for convenience as a "play"),
or a play which has closed within eight (8) weeks of the commencement of the production of such
program, and which play, staged substantially as presented on the legitimate stage and utilizing
substantially the same cast as the play, is to be photographed as a program. Producer and the Guild
agree to meet within thirty (30) days from receipt of such notice for the purpose of negotiating the
terms and conditions of such employment. If no agreement is reached with respect thereto within
such sixty (60) day period, the Guild may instruct its members to withhold services with respect to
the production in such program only.
This provision shall not apply to a program produced from a screenplay written for such program,
based on such play, and photographed in a normal program manner as distinguished from a
recordation, as such, of the play.
91. NOTICES TO PERFORMERS
All notices which producer desires or is required to send to a performer shall be sent to not more than
two (2) addresses which the performer may designate, one of which shall be the address which
performer designates for the sending of payments on the standard employment contract. The
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standard form contract shall provide a place for inserting the address to which notices shall be sent to
performer and to producer. Performer and producer shall notify the other in writing of any changes
address from those specified on the standard employment contract.
92. CONTRACT BINDING
With respect to programs produced within the jurisdiction of the Guild, this agreement shall be
binding on the signatories hereto and all parties who by reason of mergers, consolidations,
reorganizations, sale, assignments or the like shall succeed to or become entitled to a substantial part
of the production business of any signatory. Each producer agrees that its signature to this agreement
shall likewise bind domestic subsidiaries and film producers engaged in the production of programs
within the jurisdiction of the Guild (including "House Agencies" of client signatories).
93. SEPARABILITY
If any clause, sentence, paragraph, or part of this agreement or the application thereof to any person
or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder of this agreement, but shall be
confined in its operations to the clause, sentence, paragraph, or part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is hereby declared to be our intent
that this agreement would have been accepted even if such invalid provisions had not been included.
All terms and conditions of this agreement are separable.
94. UNION STANDARDS
A. Producer will not engage either in the production of a program or any part thereof (including
film footage or sound track) as to which one or more principal performers is employed by a
person not signatory to this agreement or a Letter of Adherence hereto (a "nonsignatory") or
acquire an industrial/educational program or any part thereof as to which one or more
principal performers was employed by a nonsignatory, unless, in each case, producer
determines, after reasonable investigation, that such principal performers have been and will
be either (1) afforded the wages, hours, working conditions and other economic benefits
provided in this agreement or (2) afforded wages, hours, working conditions and other
economic benefits having a substantially equivalent economic cost to such nonsignatory.
Producer shall, upon written request from the Guild, report to the Guild the name of such
nonsignatory, the number of programs to be recorded and other pertinent data to enable the
Guild to administer this agreement.
B. If producer obtains an agreement substantially in the form below from such nonsignatory,
producer shall be deemed to have observed the provisions of subsection A of this
Section 94.
"It is hereby agreed by _____________________________ (name
of nonsignatory employer) that all performers as defined in the
Producer-Screen Actors Guild 2002 Industrial and Educational
Contract be afforded either (1) the wages, hours, working
conditions and other economic benefits provided in said Contract or
(2) wages, hours, working conditions and other economic benefits
having a substantially equivalent economic cost to
____________________ (name of nonsignatory producer)."
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C. In addition to any other remedies at law or under this agreement, the Guild reserves the right
to terminate the Letter of Adherence of any producer who fails to observe the provisions of
subsection A of this Section 94, unless such failure is isolated or inadvertent.
D. The parties to this agreement acknowledge and agree that the purpose and intent of this
Section 94 is to ensure that no producer will be economically motivated to have an industrial
or educational program or any such part thereof produced by, or to acquire an industrial or
educational program or any such part thereof from a nonsignatory which incurs economic
costs with respect to the employment of principal performers on such industrial or
educational program or part thereof which are not substantially equivalent to the economic
costs which would have been incurred by the producer had it employed such principal
performers. This Section 94 shall be construed and enforced in accordance with such
purpose and intent.
95. EVASION OF RESPONSIBILITY
Producer agrees it will not (for the purpose of evading performance under this agreement);
(1) sublet or transfer responsibility hereunder to any third person;
(2) transfer its operations to any other place of origin, territory or locations for
the purpose of defeating or evading this agreement;
(3) knowingly use, lease or authorize others to use such program material for any
purpose or in any manner other than as permitted by any other Screen Actors
Guild agreement; or
(4) use the terms of this agreement for the purpose of defeating or evading the terms and
conditions of the Screen Actors Guild Commercials Contract or the Screen Actors
Guild Television Agreement.
96. UNION LABEL
In the event any program made under this agreement includes a union label, the Guild shall have the
right to have its label incorporated in all prints and copies.
IN WITNESS WHEREOF, the parties have executed this instrument as of May 1, 2002.
Accepted and Agreed:
PRODUCER
By:
..............................................................
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SCREEN ACTORS GUILD, INC.
By /s/ A. Robert Pisano
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