AMPTP = The Alliance of Motion Picture and Television Producers (AMPTP) member companies include the major motion picture studios, the principal broadcast television networks, certain cable television networks, streaming companies, and other new media, film and television production companies.
Stage Plays or Live Performances = Please see the Agreement Between AEA and SAG-AFTRA for more information.
Commercial = Advertises or promotes a product or service in the project.
Corporate-Educational & Non-Broadcast = Project instructs, trains, informs, educates, sells, promotes, amuses or entertains on behalf of a corporation, organization or non-profit.
Music Video = An audiovisual product containing an underlying audio track produced under the SAG-AFTRA Sound Recordings Code and a visual element traditionally produced for exhibition on cable television or made available for digital distribution via streaming and/or download.
Based on your responses to these screening questions, it does not appear that your project qualifies for the Micro-Budget Project Agreement. Please return to the Production Center on SAGAFTRA.org where you can get more info on other SAG-AFTRA agreements that will better fit your project.
This Agreement applies only for the project entitled "Project Title*" ("Project") being produced by "Producer Name*" ("Producer").
To qualify for this Agreement a project:
Producer must inform Performers and Background Actors that the Project is subject to this Agreement.
Producer must obtain a “Micro-Budget Project Agreement Acknowledgement” from each Performer/Background Actor.
Unless otherwise stated herein, any disputes under this Agreement must be submitted to arbitration pursuant to the terms contained in Exhibit A.
1. DEFINITIONS“Performer” and “Background Actor” have the meaning ascribed to them in the applicable SAG-AFTRA Agreement.“SAG-AFTRA Agreement” refers to any agreement SAG-AFTRA offers relating to coverage of projects produced within its areas of jurisdiction.
TYPES OF CONTENT THAT CAN BE PRODUCED PURSUANT TO THIS AGREEMENT IF QUALIFIED:This Agreement is only available for projects that would otherwise be covered under one of the following SAG-AFTRAAgreements:
2. IF AN UNQUALIFIED PROJECT IS PRODUCED UNDER THIS AGREEMENT OR THE PROJECT IS RELEASED IN OTHER MARKETS:If the Project is signed to this Agreement as a result of Producer’s misrepresentation or omission or if Producer distributes/exhibits or authorizes distribution/exhibition of the Project in any market or media not set forth above in Permitted Uses without separately bargaining with SAG-AFTRA, SAG-AFTRA, in its sole discretion, may reclassify the Project to the appropriate SAG-AFTRA Agreement.
Producer agrees that if SAG-AFTRA reclassifies the project, all terms and conditions of the SAG-AFTRA Agreement (“Replacement SAG-AFTRA Agreement”) that should have applied to the Project will apply in the same manner as if the Project had been correctly signed under that agreement. In determining the applicable Replacement SAG-AFTRA Agreement, SAG-AFTRA will consider factors including, but not limited to, Producer’s representations herein, the Project’s actual budget, Project length, the initial and/or primary market(s) of release and any other applicable information. The Project will be reclassified to the SAG-AFTRA Agreement most closely applicable.
Producer further agrees that if the Replacement SAG-AFTRA Agreement provides for minimum compensation, Producer will pay the Performers and Background Actors all amounts, including pension and health fund contributions that would have been due under the Replacement SAG-AFTRA Agreement less any amounts already paid. Producer agrees to promptly make payment of all such compensation required under the Replacement SAG-AFTRA Agreement and to abide by any provisions related to Residuals and reuse, along with any other appropriate terms and conditions. If the Project is still in production, the corresponding terms and conditions of employment will be applicable to the Project.
Producer will have no right to use, and must immediately cease using, the Performers’ and Background Actors’ performances (notwithstanding any contrary language in this or any other SAG-AFTRA Agreement or in any Performer’s or Background Actors’ individual employment contract to the contrary) until Producer has made the required payment.
SAG-AFTRA, or any performer who worked on the Project, may seek injunctive relief in arbitration or in any court of competent jurisdiction to enforce this provision.
3. REQUIRED PERFORMER ACKNOWLEDGEMENT; AGREEMENT INCORPORATED:Producer must inform all Performers and Background Actors employed on the Project that the Project is subject to this Agreement.
Producer must provide to each Performer and Background Actor and obtain signature on the attached “Micro-Budget Project Acknowledgement” (“Acknowledgement”) prior to commencement of work. The terms and conditions of this Agreement and the Acknowledgement are deemed incorporated in each Performer’s or Background Actor’s employment contract, whether oral or written, and may not be waived.
Producer does not have to return the forms to SAG-AFTRA unless requested to do so. If Producer fails to provide proper notification and to obtain the Performers’ and Background Actors’ acknowledgment, Producer agrees to indemnify SAG-AFTRA for any costs or damages it incurs arising as a result of Producer’s failure.
4. PROHIBITIONS – NUDITY; SIMULATED SEX; HAZARDOUS/DANGEROUS CONDITIONS OR STUNTS; DIGITAL REPRODUCTIONSProjects produced pursuant to this Agreement may not contain nudity, simulated sex, or hazardous/dangerous conditions or stunts, as those terms are defined and/or understood through custom and practice in the entertainment industry and under the 2020 SAG-AFTRA Codified Basic Agreement and the SAG-AFTRA Television Agreement (each “Prohibited Content”).
Producer may not use any digital scanning techniques to create digital reproductions of any Performer or Background Actor in connection with the Project. Producer may not use any digital reproduction of any individual, living or deceased, as a character or in place of Performers or Background Actors in the Project without the union’s consent. The foregoing restriction includes any voice reproductions.
5. NO WAIVER OF APPLICABLE LAWS:Nothing herein waives or limits Producer’s obligations to comply with any laws or regulations otherwise applicable to the production. This may include, but is not limited to, laws related to workers compensation, minimum wages, and the employment of minors.
Nothing in this Agreement supersedes or limits any right or remedy a Performer might have at law or otherwise relating to their work on the Project, including relating to any unauthorized use of his or her name, likeness, image, voice, performance or any other personal attribute.
For purposes of clarity, any Performer or Background Actor shall have the right to pursue disputes under their individual employment contract or for Producer’s violation of any legal right (which may include rights of publicity, state or federal employment law, or other applicable law) in court or through an applicable government agency.
6. COVID-19 SAFETYProducer agrees that it is aware of and will take all reasonable efforts to meet industry-applicable health and safety standards relating to COVID-19, consistent with local, state and federal regulations, orders, guidance, or other requirements (including, but not limited to, social distancing, essential business closures, and shelter in place orders). In particular, Producer acknowledges its obligation to review and comply with the following documents (available at www.sagaftra.org/backtowork): COVID-19 Return to Work Agreement; The Safe Way Forward - Production Safety Guidelines; and The Industry-Wide Labor-Management Safety Committee Task Force White Paper.
7. DISPUTE RESOLUTION:All disputes and controversies between SAG-AFTRA and Producer related to this Agreement will be submitted to arbitration pursuant to the procedures set forth in Exhibit A attached herein. This provision does not limit SAG-AFTRA’s or a performer’s ability to seek injunctive relief to halt exploitation of the Project in the event the Project is reclassified pursuant to Section 3.
8. THE AGREEMENT IS ONLY FOR THE SPECIFIC PROJECT:Producer understands that this Agreement is only for the Project listed above. Qualification for this Agreement is solely in SAG-AFTRA’s discretion and does not guarantee Producer will qualify on any other projects, even if related to the Project.
9. MISCELLANEOUS:This Agreement may be signed in counterparts, each of which will be deemed an original and all of which together will make one agreement. Any signature transmitted electronically, including any typed signature, is valid and binding to the same extent as an original signature.
If any portion of this Agreement is held to be unenforceable or illegal by a court of law, such portion will be severed and the remainder of the agreement will still be enforceable. Producer and SAG-AFTRA will negotiate a substitute provision with substantially the same effect to the extent SAG-AFTRA requires such a substitute.
This Agreement is valid for one (1) year from the date Producer executes it. Any provision, which by its terms or nature is intended to survive termination of this Agreement, will survive any termination of this Agreement such as Residuals, reuse and other such provisions of this Agreement.
Producer understands and agrees that the Project may not be released commercially or in any market or media other than those listed above without separately bargaining the terms and conditions with SAG-AFTRA prior to such release. Producer understands and agrees that Performers have authorized use of their names, images, likenesses, voices, and performances in the limited markets listed above and any further and additional release may trigger additional payments to Performers and may subject Producer to liability for unauthorized use of the names, likenesses, and performances.
By signing below, Producer represents and warrants the Project meets the above qualifications for this Agreement and agree to the Micro-Budget Project Agreement terms and conditions contained herein. If the below individual is signing on behalf of a company, the individual certifies that it is empowered and authorized to make these representations on the company’s behalf.
1. Grievance and ArbitrationThe following procedures apply to disputes arising under the Micro-Budget Project Agreement:
A. Time Limits:Claim proceedings are initiated by sending written notice setting forth the particulars of the claim to the other Party within 12 months following the date on which the party initiating the proceedings knew or reasonably should have known of the facts upon which the claim is based.
Clicking Submit will finalize your Micro-Budget Project Agreement and you will receive a copy of the completed agreement in your email. That email will also contain the acknowledgment form that you are required to have each of your principal performers and background actors sign.