SCREEN ACTORS GUILD-AMERICAN FEDERATION OF
TELEVISION AND RADIO ARTISTS SPANISH
LANGUAGE MODIFICATION (DUBBING) AGREEMENT
This Agreement (hereinafter “Agreement”) is made by and between the Screen Actors Guild-American
Federation of Television and Radio Artists (herein referred to as the “SAG-AFTRA”) and
_____________________________________ (the “Producer”) who is engaged in the production of
dubbed sound tracks for motion pictures.
WHEREAS, the Producer did heretofore enter or hereby does enter into and become bound by the
current SAG-AFTRA Agreement for Independent Producers of Theatrical Motion Pictures (hereinafter
referred to as the “Basic Agreement”) and;
WHEREAS, SAG-AFTRA and the Producer have agreed upon modification of the Basic Agreement with
respect to the employment of Performers for the purpose of dubbing sound track into the Spanish
language to be used in connection with motion pictures initially produced in a language other than
Spanish in accordance and upon the terms and conditions herein set forth:
THEREFORE, in consideration of the mutual agreements herein contained, it is agreed as follows:
1. Work Definition
a. Dubbing Defined: Looping Not Included
The Basic Agreement is modified as herein set forth, but solely with respect to the
employment of Performers (hereinafter “Performer(s)”)for the purpose of dubbing
Spanish language sound track to be used in connection with motion pictures initially
produced in a language other than Spanish. It is understood that “dubbing” as used in
this Agreement refers to the recording of dialogue in Spanish to substitute for dialogue in
another language. The dubbing Performer must work “to picture”, synchronizing the on
and off-camera dialogue of the Spanish language script provided by the Producer.
“Looping” is not covered hereunder except, however, in circumstances where a star
Performer loops his/her own performance in association with dubbing Performers.
Otherwise, looping and ADR work are covered by the Basic Agreement.
b. TV Cartoons or Animated TV Motion pictures
This Agreement shall apply to the Spanish language dubbing for an animated motion
picture provided that the work is preformed “to picture” and a release quality sound track
in a language other than Spanish exists. The dubbing of sound track for any other
animated motion picture shall be governed by the current SAG-AFTRA Television
Animation Agreement if the motion pictures are for television, or by the Basic Agreement
if the motion picture is for theatrical exhibition.
2. Compensation
A Performer may be employed for the purpose of dubbing sound track on an hourly basis, subject
to a minimum guarantee of three (3) hours. Such Performer must be engaged in any of one of
the categories specified below. The Performer must be notified of the category at the time of
booking. The Performer may perform multiple roles for the rates listed below.
Spanish Language Modification Dubbing Agreement 1.21 1 of 6
SAMPLEa. Performer
The Performer shall be compensated at the rate of $20.64 per hour for each of the first
eight hours on any day with a minimum guarantee of three (3) hours. Overtime shall be
paid based upon the minimum or individually negotiated hourly rate applicable to the third
through eighth hour. The ninth and tenth hours shall be paid at time-and-one-half
($30.96 based on the applicable minimum); all hours in excess of ten hours shall be paid
at double-time ($41.28 based on applicable minimum). Any part of an hour shall be
deemed a full hour for the purposes of calculating compensation.
b. Singers
Each singer, whether solo, duo or group shall be compensated at the rate of $20.64 per
hour for each of the first eight hours on any day with a minimum guarantee of three (3)
hours. Overtime shall be paid based upon the minimum or individually negotiated hourly
rate applicable to the third through eighth hour. The ninth and tenth hours shall be paid
at time-and-one-half ($30.96 based on the applicable minimum); all hours in excess of
ten hours shall be paid at double-time ($41.28 based on applicable minimum). Any part
of an hour shall be deemed a full hour for the purposes of calculating compensation.
c. Weekend or Holiday Work
A Performer employed hereunder shall be paid at time-and-one-half ($30.96 based on
the applicable minimum) if such work is performed on a Saturday, or at double-time
($41.28 based on the applicable minimum) if such work is performed on a Sunday or a
holiday designated in the current Basic Agreement. The minimum guarantee shall be
three (3) hours. However, if such work is scheduled on a Saturday or Sunday to
accommodate the schedule of the Performer, such Performer shall be compensated at
straight time ($20.64, the applicable minimum.)
d. Crediting Prohibited
Whenever a Performer receives overscale, overtime or other adjustments to the basic
wage rate required by the Agreement, such overtime or adjustments shall not reduce the
Performer’s guaranteed employment or guaranteed compensation. No crediting of such
guarantees is permitted against any payment required by this Agreement.
3. Exhibition Rights
By payment of the rates listed in Section 2 above, the Producer obtains all rights, in perpetuity, to
exhibit and distribute the dubbed motion picture in any medium.
4. Basic Agreement Applicable
Other than as expressly modified herein, all provisions of the current Basic Agreement are to
remain in full force and effect and shall be binding upon the parties for the full term of this
Agreement.
5. Union Security
Section 2 of the Basic Agreement providing for Union Security is by this reference incorporated
herein and made part hereof. In order to facilitate compliance with such Union Security
provisions, the Producer agrees that before finally engaging Performers for the purpose of
dubbing Spanish language sound track hereunder, the Producer will furnish SAG-AFTRA with the
names of the Performers in prospect for such purpose so that the relevant facts may be
ascertained. The Producer further agrees to utilize the facilities of Station 12 established by
Spanish Language Modification Dubbing Agreement 1.21 2 of 6
SAMPLESAG-AFTRA in order to ascertain the eligibility status of Performers. Liquidated damages in the
amount of $250.00 for each violation of union security shall be payable by the Producer to SAG-
AFTRA, it being agreed that the actual damages suffered by SAG-AFTRA for such breach would
be incapable of ascertainment.
6. Arbitration
Any and all disputes between SAG-AFTRA and the Producer, or between the Producer and the
individual Performer, arising out of or relating to the interpretation or application of this
Agreement, or of any individual contract between the Producer and the Performer, including any
dispute as to whether the Producer became a party to this Agreement and any dispute as to
whether the Producer entered into an individual contract of employment with any Performer shall
be submitted to arbitration before a single arbitrator under the rules then prevailing of the
Voluntary Labor Arbitration Tribunal of the American Arbitration Association, it being the
agreement of the parties that the award duly made as the result of such arbitration shall be final
and binding and that judgment may be entered thereon in any court having jurisdiction. The costs
of any such arbitration except counsel and witness fees shall be borne equally by the parties. To
the extent that the Basic Agreement contains any provision with respect to arbitration different
from or contrary to anything contained in this Section 6, then any such provision is to be deemed
of no further force and effect, it being the intent of the parties that Agreement is hereby modified
accordingly.
7. Term of Agreement, Termination Procedure
a. This Agreement shall commence on _______________________, and shall remain in full
force and effect until termination by either party in the manner provided for in subsection
b. except as to any rights which may have accrued to or become invested in SAG-AFTRA
or in any Performer with respect to any motion picture during the term.
b. Either party, on thirty (30) days prior written notice to the other, may open for negotiation
the wage rates and the other terms and conditions of this Agreement, and should such
negotiation fail to produce a mutually satisfactory agreement within sixty (60) days after
the giving of such notice, then either party may, at any time thereafter on sixty (60) days
prior written notice to the other of its intent to do so, terminate this Agreement for all
purposes.
8. Pension and Health
a. The Producer is hereby made a party to and is bound by the provision of the “Screen
Actors Guild-Producers Pension Plan and Health Plan,” hereinafter referred to as the
“Pension and Health Plans.” Producer shall contribute to the said Pension and Health
Plans and to the Industry Advancement and Cooperative Fund a total amount equal to
13.15% of all gross compensation as and when paid by the Producer to all Performers for
services covered by and subject to the terms of the Agreement applicable to the Pension
and Health Plans, which terms are hereby incorporated herein by reference.
b. The Producer agrees to execute such further instruments from time to time as the
Trustees of the Pension and Health Plans may find necessary or desirable to effectuate
the purposes of the Pension and Health Plans of the Producer’s obligations with respect
to them.
Spanish Language Modification Dubbing Agreement 1.21 3 of 6
SAMPLE9. New Methods
It is understood and agreed that the wage rates and the other terms and provisions contained in
this Agreement are intended to apply only to the dubbing of Spanish language soundtrack by the
use of presently existing methods, devices and techniques. Should the use of new or different
methods, devices or techniques be introduced, then the wages and other terms and conditions
contained in the Agreement shall be subject to negotiation in so far as they apply to such new or
different use and, until a mutually satisfactory agreement is reached, Performers are not to be
required to dub sound track by any such new or different methods, devices or techniques but this
Agreement shall nevertheless continue in full force and effect with respect to such dubbing as
presently carried on.
10. Late Payment
a. Session payment shall be due by the end of the payroll week following each week during
which services are rendered.
b. In the event the Producer fails to make any payment when the same is due in
accordance with the provisions of this Agreement, the following cumulative liquidated
damage payment 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 a maximum damage payment of $75 (25 days); provided, however, that Saturdays,
Sundays and legal holidays which the Producer observes shall not be included, and
further provided that the damage shall not be invoked or payable when the Performer is
at fault for failure to complete a tendered W-4 or when the Performer, having been
furnished an engagement contract on or before the day of employment, fails to return the
signed contract promptly, or where there is a bona fide dispute as to compensation. The
Producer must pay any undisputed amount on time.
c. In the event SAG-AFTRA is compelled to enforce any payment due from the Producer
either to a Performer or SAG-AFTRA, including the penalties, herein above provided for,
through a lawsuit, then provided SAG-AFTRA is sustained in such action, the Producer
shall be liable for all the expenses incurred by SAG-AFTRA in prosecuting such a lawsuit
or in obtaining judicial confirmation of an arbitrator’s award including a reasonable
counsel fee and the fee of the arbitrator, if any, and SAG-AFTRA may obtain a judgment
for such expenses.
11. Standard Form Contract
A standard employment contract in the form of Appendix B hereto shall be used for all
engagements hereunder and shall be given to the Performer a reasonable time prior to
performance. Upon request of SAG-AFTRA, Producer will file copies thereof with SAG-AFTRA.
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SAMPLE
In witness hereof, the parties have executed this Agreement.
ACCEPTED AND AGREED:
By:______________________________________ By: _____________________________________
(Producer Signature) SAG-AFTRA
_________________________________________ Date: ___________________________________
(Producer – Print Name)
_________________________________________
(Address)
_________________________________________
_________________________________________
Date: ____________________________________
Spanish Language Modification Dubbing Agreement 1.21 5 of 6
SAMPLE
APPENDIX “B”
STANDARD EMPLOYMENT CONTRACT
SPANISH LANGUAGE DUBBING MODIFICATION AGREEMENT
Between______________________________________ and_________________________________________
Producer Performer
Date of Employment____________________ Place of Engagement ___________________________________
Motion Picture Owner (Distributor) ______________________________________________________________
Working Title__________________________________ Release Title__________________________________
1. Time Report:
Hours Worked
Date(s) Worked From To Overtime
2. Salary $_________________per hour
3. Category of Employment:
Performer or Singer: Minimum: $20.64 per hour for the first 8 hours in a day (3 hour minimum call);
th th
$30.96 per hour for the 9 and 10 hours;
th
$41.28 per hour for the 10 and all additional hours
4. This employment is subject to and the parties hereto are bound by all the terms and conditions contained in
the current SAG-AFTRA Spanish Language Dubbing Modification Agreement as the same has been or may
hereafter be extended, supplemented or amended. The Performer warrants, represents and agrees that to
the extent that the Performer may be lawfully required, the Performer is and shall be a member in good
standing of SAG-AFTRA, and will remain so for the duration of this employment.
5. All disputes and controversies, of every kind and nature, arising out of or in connection with this contract
shall be subject to arbitration as provided in the SAG-AFTRA Spanish Language Dubbing Modification
Agreement.
______________________________________________ _____________________________________________
Producer Performer’s Signature
By____________________________________________ ____________________________________________
Producer’s Signature Performer’s Social Security Number
Spanish Language Modification Dubbing Agreement 1.21 6 of 6
SAMPLE |
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