Agency Representation
General information about professional representation.
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- Any Union member who engages the services of a talent agent is required to secure a franchised agent. Choosing to be represented by any other agent may place you in violation of Union rules and subject you to potential disciplinary action.
- If you are not sure about the status of your agent, please contact the Professional Representatives Department at (323) 549-6745 in LA or (212) 863-4230 in NY or check the Franchised Agents list here.
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- If you would like to list or update your representation info, please login to your account and select the Agency tab in the My Information section
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A "franchised agent" is a person, firm or corporation that has entered into an agreement with SAG-AFTRA under which they agree to abide by certain rules and conditions when dealing with performers who work within SAG-AFTRA's jurisdiction. In most cities, SAG-AFTRA members are required to deal only with franchised agents for the purpose of securing and negotiating employment contracts under the Union's jurisdiction.
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In order to receive and maintain a franchise from SAG-AFTRA the applicant must demonstrate that the agency is a legitimate business, registered with the state or city when required, and that, among other things, they maintain a proper and safe office space, surety bonds and client trust accounts. The agent must also demonstrate a thorough knowledge of the entertainment/agency business.
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- No franchised agent may charge a rate of commission higher than 10%. In some cases, an agent must negotiate your fee above the minimum scale, or in other words, "scale plus 10%" in order to collect commission on a job. This rule may vary according to the local area in which you work, or the collective bargaining agreement you are working under. Always check with your local SAG-AFTRA office for specific rules. An agent may only receive a commission when and if you receive compensation for your employment. Agents may not charge up-front fees of any kind. They may not require you to attend a specific school or use a specific photographer as a condition of representation. If the agent does have some suggestions on these subjects, you should be supplied with a list of several schools or photographers.
- What is Commissionable?
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- Franchised agents are required to use one of the standard SAG or AFTRA Exclusive Agency Contracts or a Union approved contract when signing clients for work in the Union's jurisdiction. Be aware that an exclusive contract generally means that all work obtained while the contract is in effect is subject to commission by that agent.
- You may obtain a release from the contract under certain circumstances. All terminations must be in writing. Please copy the SAG-AFTRA Professional Representatives Department on all terminations and include the name of your new agent.
- If your agent asks you to sign a General Services Agreement (GSA), please contact the SAG-AFTRA Professional Representatives Department in LA at (323) 549-6745 or in NY at (212) 863-4230.
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Different contracts have different rules for termination. If you are unsure about your rights to terminate, we recommend you contact our department at 323.549.6745 or agency@sagaftra.org for additional assistance. That being said, examples of the full-page contracts can be found at the following link:
Termination rights are, generally, summarized as follows:
TV and Theatrical Contract
Initial Contract Termination
Contract may be terminated early for lack of employment if after the initial 120 days in the life of the contract, you have not received any bona fide TV/Theatrical offer of employment.If during that initial 120 days, you do receive a bona fide offer of employment for TV/Theatrical work, then you must wait at least 151 days from the contract start date in order to terminate. After that first 151 days has passed, you default to the following termination rights: your contract may be terminated early for lack of employment if during the immediately preceding 91 days you have had less than 10 days of TV/Theatrical work, regardless of whether it was procured directly by your agent or by you while under a written contract with your agent.
Renewal Contract Termination
Contract may be terminated early if during the immediately preceding 91 days you have had less than 10 days of TV/Theatrical work, regardless of whether it was procured directly by your agent or by you while under a written contract with your agent.Commercials Contract
Initial Contract Termination
Contract may be terminated early if during its initial 120 days, you do not receive any bona fide offer of employment in Commercials.If you did obtain any commercial work, then you must wait at least 151 days from the contract start date and then your contract may be terminated early if during the immediately preceding 91 days you’ve made less than $4000 from commercials (including residuals), regardless of whether the work was procured directly by your agent or by you while under a written contract with your agent.
After this initial period, your contract may be terminated early if during the immediately preceding 91 days you have earned less than $4000 from commercials (including residuals), regardless of whether the work was procured directly by your agent or by you while under a written contract with your agent.
Renewal Contract Termination
Contract may be terminated early if during the immediately preceding 91 days you have earned less than $4000 from commercials (including residuals), regardless of whether the work was procured directly by your agent or by you while under a written contract with your agent.If both Contracts are signed i.e. TV/TH and Commercials, the TV/TH rules for termination will apply, see above.
Once you have confirmed you're within your rights to terminate, you should notify your agency accordingly via certified mail (or any way that provides proof of receipt, such as an email) and update your information with SAG-AFTRA. The key is to receive confirmation or proof from the agency that the correspondence was read. After you've properly terminated your relationship with your agent, please login to your account and select the Agency tab in the My Information section to update your representation info.
Below is a link to a sample termination letter that you can use, or you can draft your own:
- Alternatively, contracts with franchised agencies can be terminated at any time, if the agency and performer agree to end the relationship. Such early terminations should also be memorialized in writing, to best protect your interests.
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Contact your SAG-AFTRA Local office and ask to speak to a staff person familiar with the Agency Regulations. Disputes between a SAG-AFTRA member and a franchised agent for work done in the Union’s jurisdiction can be submitted (in writing) to the Professional Representatives Department to be resolved informally. Disputes that have not been resolved informally may be submitted to arbitration for resolution. The cost of arbitration is usually less than going to court and is generally concluded in a short period of time. An arbitrator's decision is final and binding on both parties, but remember, not all conflicts must end in arbitration. Many conflicts can be resolved through consultation with your SAG-AFTRA office and through good communication with your agent.
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- Although both agents and managers function similarly at times, a simple distinction between the two can be made by observing that agents negotiate and service employment contracts, while managers are supposed to engage in career direction (i.e. advising clients on the presentation of artistic talents, introducing clients to agents and casting directors, etc..) and the overall management of the artist's career and business.
- In some states, persons who secure employment must be licensed as talent agents by the city or state in which they are doing business. There are sometimes exceptions for attorneys, and certain fields of work are granted exemptions under various state laws (Sound Recordings in California, for example).
- Always do your homework and investigate the reputation of a manager. Talk with other colleagues and check out references. A good manager should understand your concerns.
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- There are hundreds of talent agents of various types and sizes out there. Finding the one agent that is right for you is a formidable task. It involves dedication, persistence and a game plan.
- Targeting Agents
- Determine what your interests and needs are. Then, target those agencies listed as being either franchised in SAG or AFTRA’s jurisdiction on the SAG-AFTRA website. Also, ask your performer friends about their agent and see if they can put in a good word for you, or refer you to another agent.
- Get Involved
- Performers often find agents through friends and fellow performers. Get involved with activities that will put you in touch with other performers, such as workshops, membership meetings, casting showcases and special seminars.
- Agents want experience. Get involved in a play or showcase and send invitations to your targeted agents. Check the trades for casting calls, and contact casting directors directly.
- Submit Appropriately
- Tailor your resume to the specific area of representation in which you are interested (i.e. - If you are looking for a commercial agent, list your commercial credits first). Always keep your resume current and remember to include all union affiliations.
- Submit appropriate photos. Commercial agents require different types of photos from theatrical agents. If you have a reel of yourself you may want to submit it either in addition to or in lieu of a photo. An audio demo should generally not exceed three minutes.
- Always send your submission to a specific person at the agency. Indicate in your cover letter that you are seeking representation and state why you would like to be represented by them. Keep notes of the agents to whom you submitted your pictures, as well as the date of submission and any response or comments.
- Interview your Agent
- Now that you've got the interview, make the most of it. If you've done your homework you will already know his/her reputation in the industry, connections, background and possibly some clients. But it is a good idea to check these out again. Ask questions. Interview your agent. Your agent works for you and you work with your agent. The ideal relationship will be satisfying and beneficial for both parties.
- An important note: Don't call your agent just to shoot the breeze. Although you may have a great relationship, they are generally very busy people and we've been told it really gets their goat.
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Please feel free to email us your questions at agency@sagaftra.org in LA or agencyny@sagaftra.org in NY, or call your local SAG-AFTRA office.
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- It may not be. It's always in your best interest to provide the union with your current agency contact information. For example: By letting us know, in writing, who represents you, employers can continue to reach you (or your designated representative) with any potential job opportunities. If you wish to list or update your representation info, please login to your account and select the Agency tab in the My Information section.
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- SAG-AFTRA receives regular queries about the commissionability of residuals that have been ‘advance paid’. When a production is shown beyond the original use covered by the initial compensation, a signatory employer will be required to pay performers residuals in order to keep exhibiting the production.
- Under some television and new media (streaming) contracts, advance payment of residuals can be negotiated. In other words, residuals get paid UP FRONT, at the SAME TIME initial compensation is paid, rather than when ongoing exhibition occurs in the future. Because advanced residuals are paid the same time that an overscale performer is paid initial compensation, it may APPEAR as though the performer is actually making more salary than (s)he actually is. SAG-AFTRA’s agreements require that advance payment of residuals (aka crediting) must be specifically SET FORTH AND AGREED TO in a performer’s contract.
- If you would like like to know how residuals are calculated, generally, as well as a practical examination of possible advance paid residuals examples, click here.
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- Many performers have contacted SAG-AFTRA asking exactly when a franchised agent is required to turn around checks that it has received in trust for them.
- In brief, check turnaround times under the Agency Regulations can vary, depending on the type of job in question. Agents in receipt of performer monies are required to turn these checks around and issue them to covered performers on a (3) three, (5) five, or (7) seven day cycle. The three day requirement is for TV/TH checks, the five day requirement is for commercials checks and the seven day requirement is for out-of-state checks.
- Conversely, performers have a corresponding obligation to tender payment to their agents when they are directly in receipt of commissionable monies within a “reasonable” time period after receipt. 12-C Agency Regulations, for example, interpret this reasonable requirement to be (10) ten business days. If you don’t know what is commissionable or when, here are some helpful charts for you to review, based on how your agent is franchised:
- AFTRA: https://www.sagaftra.org/files/sa_documents/12CCommissionChart.pdf
- SAG: https://www.sagaftra.org/files/sa_documents/16GCommissionChart.pdf
- Should you experience any discrepancies or encounter any irregularities on any payments due to you, do not wait to contact your Union. While you may continue to discuss any outstanding payments with your agents, do not forget to notify SAG-AFTRA of these disputes, as well. We will not act unless you advise the Union that you wish to have our assistance–but we need to be made aware of any possible irregularities that may exist so that we can advise you accordingly. So, if in doubt, please call or email the Professional Representatives Department promptly to discuss the matter with us.
We can be reached at 323-549-6745 or by email at agency@sagaftra.org Be vigilant and stay on top of what is owed to you. Please contact us if you require additional assistance.
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GSA Contract Update
To all members represented by an ATA/NATR agency that have chosen to sign a General Services Agreement (or “GSA”) with their agent:
There has been some confusion among the SAG-AFTRA membership regarding the scope of application for General Services Agreements (“GSA”) that some of you have chosen to sign to memorialize your agency relationships with ATA/NATR agencies. Please note that while a GSA (a/k/a State-Approved Talent Agency Contract) may be signed in your relationship with an ATA/NATR agent for the purposes of legacy SAG-covered work (and, indeed, other areas outside of SAG-AFTRA’s jurisdiction), these contracts cannot be used to represent SAG-AFTRA members for legacy AFTRA-covered work. Accordingly, if your ATA/NATR agency is representing you for legacy AFTRA-covered work, and the parties wish to enter into a written agreement, they are required to execute standard legacy AFTRA contracts for representation. These union-negotiated contracts clarify commissionability rules as well as all other aspects of the agent-member relationship. Legacy AFTRA agency contracts can be downloaded free of charge here.
Please do not hesitate to contact the Professional Representatives Department at (323) 549-6745 in LA or (212) 863-4230 in NY if you have any questions regarding any aspect of your agency relationships. You can also reach Professional Representatives Department staff here: agency@sagaftra.org