What Are My Rights and Obligations When Engaging a Talent Agency?

Because of the complexities of agency relations, SAG-AFTRA is often asked to clarify which entity a member may hire as a talent agent. We are happy to help!
 
Pursuant to SAG-AFTRA membership rules, union members are required to be represented by agencies that are franchised, either under the SAG and/or AFTRA agency regulations. Representational relationships with non-franchised agencies do not comply with SAG-AFTRA membership rules, and members should be careful not to engage them. This precaution is necessary in order to ensure that our members’ rights are fully protected in their relationships with their agents. Franchised agencies (as well as the SAG-AFTRA members that they represent) are protected by and bound to the extensive terms and conditions of either Rule 16(g), aka the SAG Agency Regulations and/or Rule 12-C, aka the AFTRA Agency Regulations. Agencies that are operating outside of the franchises are not under SAG-AFTRA’s jurisdiction, and members who opt to engage them are often left vulnerable, subject to abuse and/or oppressive contracts, as well as in danger of being found in violation of SAG-AFTRA membership rules. Don't be fooled by what you may hear or what you have been told by others. Although an agency may be licensed by the state to operate as a talent agency, that does not make it franchised. If the agency is not also vetted and approved by your union, we advise you to proceed with caution. Please take a moment to confirm your agency's status with the union. You may easily check on that here, and this list is automatically updated if any changes should occur.
 
What Are My Rights and Obligations When and How I Pay My Agent a Commission?
 
First, let’s correct a misconception. Not all of your residuals are commissionable. Only some are, and then only in certain markets, and certainly not in perpetuity. To learn how your residuals may be commissionable, there are two online charts that members may consult. If your agent is only AFTRA-franchised (this includes any ATA/NATR agents), please consult the 12-C agency regulations commission chart, located here.
 
If your agent is only SAG-franchised, please consult the 16(g) agency regulations commission chart, located here.  
 
Please note: As a SAG-AFTRA member from Los Angeles, the SAG and AFTRA commission charts are interchangeable, so you may consult either version.   
 
With respect to nonresidual-based commission questions, please consult the lists below for easy reference:

COMMISSIONABLE

Audition Overtime
Billboards
Cancellation Fee
Clip Re-Use
Dubbing
Fitting Fee
Holding Fee
Holiday Pay
Interview Fee
Location Allowance
Location Pay
Looping/ADR
Night Premium
Overtime (Doubles & Time ½)
Regular Pay
Rehearsal
Session Fee
Stunt Adjustment
Third Call Back (4th Audition)
Travel Time
Weekend Premium
Wet Pay
Hazard Pay

NON-COMMISSIONABLE

Forced Call
Late Payment Penalty
Living Expenses
Meal Allowance
Meal Penalty
Mileage
Per Diem
Prop Allowance
Reimbursements
Relocation Allowance
Rest Period Violation
Travel Allowance
Turn-Around Pay
Wardrobe Allowance

*As a reminder to all performers and their representatives, a COVID testing stipend is not commissionable.  

And finally, please remember that both your agent and you have obligations to pay each other in a timely manner. A franchised agent is required to forward a check owed to you within a three-business-day period for TV/Theatrical, a five-business-day period for commercials, or a seven-business-day period for checks issued from institutions that are out of state. Your corresponding obligation to pay your agent commissionable monies is within 10 business days of receipt of a commissionable check.
 
We hope this helps clear up any immediate confusion that members may have had about agency relationships and your overall rights and obligations when it comes to paying your agent what is owed. Please remember, when in doubt, call and ask us. If you don’t know which commission chart applies to your particular situation or your geographic area –— or how to effectively read the chart –— contact us. The Professional Representatives Department is here to help. You can call us at (323) 549-6745 during normal business hours, or you can email us at agency@sagaftra.org at any time, and we will get back to you as quickly as possible. Thank you, and good luck with your agency relationships!