By now you have a general understanding of some of the terms that your Feature Actor’s Agreement (FAA) will include. Surely, you’ve been presented with a wealth of information on this topic, but how much do you remember? Before we continue our discussion on this topic, let’s pause and take a moment to review. It’s quiz time!
Is the statement True or False?
- Your FAA is a legal document (contract.)
- You can always change your FAA once you have started filming, if it is not working for you.
- All FAAs are the same—if you’ve seen one, you’ve seen them all.
- Your FAA says what your job is, how you will perform it, and how you will be compensated.
- It’s not necessary to understand everything in your FAA, so why waste the time?
- SAG-AFTRA has already set the minimums for your FAA, so you can just sign it and go.
- A Condition Precedent is a term in your FAA that must be satisfied before the deal takes effect.
- Previous fees compensated for your roles are not important when you begin negotiation—the film’s budget sets the starting point for negotiations.
- You can negotiate for more compensation if your role is risky, dangerous, or involves nudity.
- If you are required to work longer than you contracted for, you are not entitled to additional fees under your FAA—what you agree to in the beginning is set.
- It is reasonable to be flexible during the negotiation process, especially if you are a newer actor, if you have the opportunity to work with a famous director or actor.
- You should hire an experienced lawyer, like The Hollywood Lawyer, before you begin negotiating your FAA.
(ANSWERS with EXPLANATIONS)
- TRUE: Your FAA is a legal document also known as a contract. (Part 1)
- FALSE: Parties to a contract are bound by its terms. These terms cannot be changed unless are parties agree or if there is a valid reason such as a mistake. (Part 1)
- FALSE: Every contract is different, just as every role and actor is different. While each FAA will have the basic parts that we are discussing, a valid FAA may contain more (or even less) than what we are presenting in these posts. (Part 1)
- TRUE: Terms such as what your role is, how you will perform it, and how much you will be compensated are essential terms to every FAA. (Part 1)
- FALSE: Under no circumstances should you agree to or sign anything that you do not fully understand. As we mentioned earlier, it is not always easy to change a contract after it has been signed or the filming has begun. (Part 2)
- FALSE: While SAG-AFTRA has set minimums for its members, these terms can vary depending on the role. Also, keep in mind a minimum is just that—a starting point. (Part 2)
- TRUE: Your FAA will not take effect unless the conditions precedent have been met by the parties. A condition precedent literally means a condition before the contract. (Part 2)
- FALSE: While the film’s budget is a major factor in the negotiating process, your previous work and fees should always be considered as part of the process. This is called the Actor’s Quote. (Part 2)
- TRUE: SAG-AFTRA supports fee increases for risky, dangerous, or special roles. (Part 3)
- FALSE: While “free days” or “free weeks” may be negotiated into your FAA, if you work longer than the number of weeks or days negotiated for, you are entitled to overaged fees. (Part 3)
- TRUE: The negotiating process is a live process. It is reasonable for an actor to be more flexible in his or her fees when presented with a fringe benefit such as the opportunity to work with a renowned director or actor. (Part 3)
- TRUE: The Hollywood Lawyer is here for you during every step of the process. The negotiating process is a complex one suited for competent legal representation. (Parts 1-3)
To read the full posts by week follow these links:
Join us next week for the continuation of our discussion on Feature Actor’s Agreements.
Source: Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV, and New Media by Dina Appleton, Esq. and Daniel Yankelevits, Esq., Copyright 2010.
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