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In accordance with a rule adopted by the National Board of AFTRA, members may only deal through AFTRA Franchised Agents. Only these agents and no others are authorized to negotiate or procure employment for AFTRA members in AFTRA's fields. AFTRA Agents are required to use the Standard AFTRA Exclusive Agency contracts when signing you for services within AFTRA's fields. A copy must be filed with AFTRA within 30 days of execution or it may be held to be invalid. The Exclusive Agency Contract may be limited to a certain geographic area (e.g. N.Y. only, L.A. only) by noting this on front of the contract. You may also limit the contract to commercials, voice-overs, theatrical, etc. The contract automatically covers all areas unless stated otherwise. No agents may charge a higher rate of commission than 10%. In order to receive commission on scale payments Agents must negotiate your fee, including overtime and rehearsal, above minimum scale or minimum scale plus 10%. Remember: When you sign an Exclusive Agency Contract, the agent is entitled to commission on your earnings in that area regardless of whether those earnings are the result of any work by the agent or anyone else. AFTRA Franchised Agents may not request fees for registration, headsheets, portfolios, as a condition to procure employment. Nor may they instruct clients to use a specific photographer, that choice is yours. All payments for your services should be made directly to you unless you have given written authorization to AFTRA for payments to be sent to your agent. Such authorization will remain in effect until rescinded by you in writing. Please read all check authorizations and contracts carefully before signing or initialing. When you have signed an exclusive representation agreement with an Agent you may be released from it or terminate it under specific conditions set forth in the AFTRA Regulations Governing Agents. You may be released if; the artist fails to be employed and receive, or be entitled to receive, compensation for 15 days of employment during the 91-days preceding the giving of notice of termination (compensation includes all money earned through any branch of the entertainment industry, it is not limited to AFTRA's jurisdiction). or; if the responsible agents listed in paragraph 8 or 9 of your contract have left the agency and are no longer able to service you (at least half of the agents listed must remain with the agency). All terminations must be in writing. The original should be sent to your agent and copies sent to the AFTRA Local Office. Please include Social Security Number, address, the name of the agency, reason for termination and any new agent you may have. Please call the AFTRA Local Office (206) 282-2506 if you are considering terminating a contract or if you have any question about your agent. Top of Page
AFTRA members may only deal through AFTRA Franchised Agents for work within AFTRA's jurisdiction. No Agent may charge a higher rate of commission than 10%. In order to receive commission on scale payments Agents must negotiate a fee, including overtime, and rehearsal, above minimum scale plus 10%. application and issuance of an agency franchise The authority to issue a franchise rest solely with the National Office (except for Los Angeles). When a franchise application is requested, the Local Office sends out an application package and meets with the agent. Once the Local Executive is confident that all the required information has been provided (see instruction sheet), the application is sent to the National Office. It is common practice to issue a temporary franchise (6 months to 1 year) to new agencies. Once the National Office grants the franchise, a certificate will be sent to the agent and a copy to the Local Office. The new Agency will then be entered into the computer system - it is essential to keep National up-to-date on any changes in the address, phone number, fax number, ownership structure or name changes. contracts between aftra members and franchised agents AFTRA Franchised Agents must use the AFTRA Exclusive Agency Contract "Exhibit "C" when entering into an exclusive contract with a member. Any deviation from this contract, whether as to form or content, must be approved by the National Office, it will be approved only if the condition of that contract are more favorable to the artist. All Agency contracts must be filed with the National Office and the Local Office. Approximately 50 call a day are received by the National office requesting contact information for a particular member, thus making it imperative that the most up-to-date information be on file for each member. Single Performance Contracts may be used when an agent wishes to secure his/her right to commission on a particular job without having an "Exclusive" relationship with the performer. interpretation of rule 12-b Please read the Regulations Governing Agents. Most situations are addressed by these regulations, but not all. Any questions arising over these regulations should be directed to the Local Office who will obtain an interpretation from the National Agency Department and set local policy. Top of Page
1. No agent or agents may collect in the aggregate more than a total of 10% commission from you. 2. No commission whatever may be paid that reduces your compensation below minimum AFTRA scale. 3. Commission is payable separately on each engagement; fees for separate engagements may not be lumped together. 4. Agents must insist that your total fee, including all overtime rehearsal, is above minimum scale or minimum scale plus 10% in order to receive any commission. The same applies to residual fees. If you have any doubt as to what the minimum fees are, check with your Local AFTRA office. 5. AFTRA Agents are required to use the Standard AFTRA Exclusive Agency Contract when signing you for services within AFTRA's fields. A copy must be filed with AFTRA and a copy given to you. If your contract is not filed with AFTRA within a specific time it may be held invalid. 6. When you have signed an exclusive representation agreement with an AFTRA Agent, you may be released from it or terminate it under conditions set forth in the Regulations. 7. In accordance with a Rule adopted by the National Board of AFTRA, members may not sign any representation agreements with agents unless such agent is franchised with AFTRA. Any member signing agency contracts with a non-franchised agent may be subject to disciplinary action. Remember non-franchised agents are not authorized to negotiate for or procure employment for you in AFTRA's fields. 8. If you do not wish one agent to represent you in all of AFTRA's fields, consult your Local AFTRA office as to how your AFTRA contract may be limited to enable you to be represented by other agents. 9. You are urged not to sign personal management contracts until you contact your Local AFTRA office. AFTRA may not be able to help you if you sign a managerial contract or a contract with an agent not franchised by AFTRA. AFTRA Agents must use the standard AFTRA contract provided under Rule 12-B. For your own protection, any other contract must by submitted to AFTRA. 10. All payments for your services should be made directly to you, unless you have given written authorization to your employer with a copy to AFTRA authorizing payment, on your behalf, to your agent or some other person. Such authorization may be rescinded by you at any time upon written request to your employer with a copy to AFTRA. 11. Agents franchised by AFTRA are not allowed to request advance fees for registration, headsheets, portfolios or as a condition to procure employment in AFTRA's fields. If you are requested to pay an advance fee, notify your AFTRA Local or National office. Top of Page |
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