04/10/2024
I received this BS agent agreement today from a talent whom I have on the required talent agency agreements by SAG as will be evidenced below by SAG as well thus making this agreement by any SAG franchised agent “null and void” regardless of your union status to protect you thus why they require it for all 555 franchised agents nationwide.
So even though I am not a lawyer I did study business law at the University of Texas and being a SAG franchised agent and one of only 3 WGA signatories as well in the State of Florida I deal directly with the Production companies and they personally nationwide will all tell you that all of what this agency is trying to get you to agree to is not allowed in the industry by them nor SAG nor the payroll companies nor in some of their BS requirements against the law and IRS tax requirements.
So let’s break it down one by one and it has been proven in court as well.
First Read the agreement and hopefully they try and sue me for slander because they will be the 6th one whom as failed thus far trying to do so because 100% they know that they are white collar criminals at best description.
See attached agency agreement and I have numbered them 1-12 and will address each one individually as to why they are invalid.
Also copied are what the valid agreements should look like and verification from SAG in the following post.
#1. “Talent may not discuss payment with other talent or vendors”.
First off you are hired by the “vendor”, thus you are a contractor employed by said “vendor” therefore have every right to know how much they are paying you and when you will be paid as well just as if self submitted. As for discussing with other actors not cool because they might have a different pay due to their role.
Plus the agent doesn’t want you to know so they can pay you whatever they want instead of what you are rightfully and legally entitled to receive and have a tax obligation on.
Plus you should demand that your agent cc You on every invoice pertaining to your personal bookings.
#2, Payment “will be within 7 days within receipt”
The State rules and regulations department verbatim says “any and all money collected by a talent agent must be turned over to the talent within 5 days of receipt”, which #3 explain why they also hold pay longer than allowed.
#3. They falsely claim that “some clients take 90 days to pay the agency”.
We live in a 30 day world and production companies are no different, I in over 7 years as a agent have never one single time been paid past 45 days and that only happened twice the norm is 15-30 with some doing direct deposits the day you wrap. So always ask to get paid directly and your agent their agents fee separately to avoid them using your money to pay their bills for 90 days or longer.
#4. Commission structure is paid 90% by the production companies so that you don’t have to pay it if submitted by a agent and the breakdowns even say so, if you submit yourself there is no agent fee.
Thus every single production company and payroll company will verify as well so will SAG. “Double dipping” or charging additional commission is not allowed.
Plus you will have a tax obligation on the amount that you should have received and thus they are in violation of the IRS as well.
#5. “If you are paid directly or on set or directly through the payroll company for a NON-UNION job, talent is responsible for paying 20% commission of gross”
Answer WRONG only if the production company did not send this agent their agents fee separately which most are starting to do so because of the “double dipping”.
Only when they don’t pay our agency fee do you pay us and on SAG the check comes to you directly unless you give a power of Attorney because all SAG checks are made out and sent to you directly and the agents can’t double dip on the 10% either.
#6 “If talent is paid on a union gig you are responsible for paying the 10%”
Answer; yes you are only if submitted by
said agency and if so the 10% will be added in and again they can’t ask for an additional 10% “commission”.
#7. “If payroll company pays talent directly, in care of agency”, they will then deposit it in their account, take their commission and pay you the amount due to you”
WRONG, first off ALWAYS request a copy of the checks sent to your agent from the payroll company if sent to your agent and if they did send it made out to you and the 20% or 10% agents fee separately they legally CANNOT forge your name and deposit your check made in care of them without a legal power of attorney given to them on your part which must be witnessed and notarized in order to do so otherwise they are breaking 2 laws forgery and bank fraud deposit.
#8 They reference a “service fee” meaning they intend on “double dipping thus taking 50% of what you make which is not allowed by the production companies, SAG, payroll companies no one, plus again it is called a “agency fee” regardless of union status or project because if submitted by a self submissions there is no agent commission and again you are legally obliged to pay taxes on said amount.
#9. They are admitting that they are illegally “double dipping” because on projects which are only about 10% or less “that are all inclusive” then you indeed owe the 10% or 20% agency fee because the production companies didn’t pay it on your behalf. Only in these cases do you pay the “agency fee”.
#10. “Talent shall not communicate with clients directly work or payment”
ANSWER; Again you are their contracted employee not our “client”, you are the production company “client” thus like any other profession you have every right to do so, legally and professionally.
As for no show when booked you always communicate with the production company if self submitted or with your agent if something unexpected happens which causes you to not make it, ASAP.
As for “if payment is 90 days late you will be cc’d” First off NEVER is it 90 days and you should ALWAYS be cc’d on all invoices pertaining to your bookings and call times, wardrobe, pay, all conversations pertaining to YOU!
#11. Pertaining to taxes is a no brainer however if you receive a W-2 you don’t also receive a 1099 because the IRS doesn’t allow it, you rightfully owe taxes on the amount that you should have received not an additional 1099 on money that your agent stole from you.
Has been proven against agents and they lost 3 times thus far.
#12. “To terminate agreements either party has 90 days notice with certified notice”
ANSWER;
You don’t have to notify them of anything because the agreement if not a required SAG agreement is “null and void” regardless of your union status as required by all 555 Franchised SAG agents nationwide so basically you can tell them LEGALLY even if they contend a contract dispute where they can stick it, because ALL of us franchised agents are fully aware of the rules to protect you from rogue agents like this one.
Again name one other industry were you the TALENT who we work for, not the other way around, would allow this to happen.
No difference stealing with a pistol or a pen so NEVER EVER sign these BS talent agreements.
Have a great evening!
