- Tip: Whenever signing a contract with an exclusivity provision, read it carefully. In some cases, what you're being asked to give up might not be worth the amount they're willing to pay, so think hard before signing or ask if they're willing to change that part of the contract.
- Related: Learn how to book acting work and grow your career here.
What's Included in Standard Actor Contracts?
In this section, I'll break down the standard parts of an actor contract, along with some tips to look out for in each:
- Description of Work: This is where your main role and responsibilities will be found, along with any other expectations and requirements related to the work you'll be doing as an actor. Make sure what's written here doesn't alarm you and doesn't ask for anything out of the ordinary. You'll likely be required to attend rehearsals and costume fittings, show up to set on time, memorize your lines, etc., but if anything seems different or out of the ordinary (unexpected nudity, picking up and delivering food to crew members, etc.), tread carefully.
- Term of Employment: Make sure the dates and hours you're expected to work seem normal. You should have a general idea of the shooting dates, along with knowing how many hours they expect you to be on set each day. In some cases (if you've booked a recurring television role, for instance), the timeline might be a bit more vague, saying you need to be available with a certain amount of notice for the next 3 years if the show is picked up, etc. Just remember that vagueness is a bad sign in contracts, so the more specifics the contract has, the better off you'll be.
- Payment: Whether you're being paid a flat fee, a fee per hour, or even a percentage of earnings, make sure the payment details are clear. You might be asked to invoice the production company, in which case you can send them a simple, standard PDF invoice (plenty of free invoice templates can be found online). Be sure to pay attention to the payment timeline – how soon after the shoot finishes (or before the shoot starts) will you receive payment?
- Expenses/Food/Wardrobe/Lodging: Pay attention to how you'll be reimbursed for the expenses you incur. Will the production company pay you back for travel costs (gas/tolls), food, and accommodations (hotels, etc.)? Will they provide wardrobe? Or will you be required to provide all of that? Will you be reimbursed and if so, how (check/cash/card/etc.) and when?
- Merchandising: In general, you should speak to an entertainment lawyer whenever you see something in your contract about merchandising because it means you're probably involved in a major project with a big budget. Will you be required to make appearances in talk shows, premiers, and other events that go beyond just the production itself? Will the production company be able to use your face on books, posters, t-shirts, etc.? For major productions, merchandising can be a good bargaining chip for actors looking to get extra compensation for the production to use them in advertisements relating to the project.
- Exclusivity: Many productions will want to have you exclusively during the production dates. The contract will state that you are not allowed to work on other films, commercials TV shows, or even internet projects – either during the days, weeks, or months the production is shooting and potentially even for a length of time afterward. An exclusivity section is fairly common, but pay extra attention if it also blocks you from working in other productions outside the expected shoot dates – there have been some actors who have been blocked from acting in any other production for an entire year after the initial production ended, simply because they didn't read their contract and signed a year-long exclusivity agreement!
- Note: Exclusivity provisions are are fairly common for commercials. For instance, if you perform in a PepsiCo commercial, the exclusivity provision might say you're not allowed to work in any CocaCola related projects for the next two years to avoid conflicts of interest.
- Related: How to Get a SAG Card
Acting Contract Frequently Asked QuestionsIn this section, I'll explain answers to some of the most commonly asked questions about actor contracts:
- When should I sign my contract? In general, always sign before any work begins. If you wait to sign until after you've done work, it's possible you might not get paid for your time, and if anything goes wrong during that non-signed-contract time, you won't be protected.
- What happens if a problem arises where an answer is not clearly outlined in my contract? In general, since you're the one being paid (the employee), you have more protections than the payer does. So the law is usually on your side, meaning if you feel you've been harmed, you should seek legal counsel right away because chances are high you'll be able to get recourse.
- What is fair compensation for me as an actor? In general, for speaking roles you should almost always be paid at least $25/hr. That said, there is no technical minimum for non-union productions besides national or statewide minimum wage. In some cases, you might work for free in exchange for a copy of the footage so you can build your reel, but be sure this is spelled out clearly in your contract because many actors never wind up getting their footage back! You might also consider asking for a Most Favored Nations status, where you are guaranteed to be paid the same minimum as other actors on set who worked similarly to you.
- What happens if I breach my contract? Oftentimes you'll need to pay a hefty fine. Breach of contract is very serious issue and beyond just the fine, you could also get sued and even be badmouthed around the industry, leading you to find it more difficult to book acting work in the future. This industry is smaller than you think and people talk!
- When should I pay for a lawyer to review my contract? If you have an agent, they should be able to review your contracts for you, but if you don't have one, most actors will review contracts for small projects on their own and get a lawyer involved for bigger productions or longer-term agreements (especially for non-union projects) that pay over $10,000. You should ALWAYS have a lawyer review a contract before you sign with an agent or manager. Even if the agency has a legal department, keep in mind that their lawyer is looking out for THEM, not you.
- How much do typical entertainment lawyers cost? Most lawyers charge somewhere between $200-400/hr, and it could cost up to $1,500 to have a lawyer fully review and advise you on a major contract. It's generally worth it for any productions where you'll get paid over $10,000 because it's significantly cheaper to hire a lawyer to review the contract up front than to have them fight for you after a breach or problem arises down the line.
- How do I hire a lawyer? If you don't have any family or friend lawyers who can help you out, try searching Google and Yelp for highly-rated attorneys. You can also ask people you know if they know any lawyers. You don't necessarily need an entertainment attorney to review a contract, but if you can find one it's usually better since they have more experience with the terminology and can better anticipate potential things that could go wrong. The more experienced the attorney is, the less time they'll bill for, since they already know almost everything and don't need to spend time researching. Once you find a few lawyers, call them to see if you get a good feeling about working with them. As long as your personalities mesh well and they have some good reviews online, they'd probably be a safe bet – especially for simple work like contract review.
- If I get a lawyer, do I still need to read the actor contract myself? Absolutely! There are plenty of things you might be concerned with that your lawyer won't think you care about. Example: they might assume you already read the contract and were totally fine with being paid $8/hr and not being allowed to use the footage in your reel afterwards.
- What's the process for negotiating actor contracts? It's simple! No production company expects you to sign an agreement outright without asking questions or requesting modifications. Simply read through the contract and send the production company an email mentioning anything you'd like changed or modified. They will email or call you to go through everything and explain what can or cannot be changed and why, and at that point you can make your final decision on whether you want to sign.
- Should I sign an acting contract on the spot? Never do this. Always ask to take the contract home so you have time to read it through in full and understand it. If you are pressured to sign on the spot, that's a major red flag and you should avoid working with that production company. Be sure to sleep on it because you'll catch things you might have missed after a good-night's rest.
Some Final Tips to Keep in MindHopefully your brain isn't hurting from all this information! Learning this info once will save you a lifetime of potential headaches in the future, so I applaud your willingness to stick with it.
Here are a few final tips to keep in mind as you prepare to sign your acting contract:
- Review the contract on your computer screen AND in printed form. Read it through in full – once on the computer and once in printed form. It's likely certain things will jump out at you that you missed from one version to the next. Be sure to read every line with a highlighter, and feel free to take breaks if you need – getting through it from end to end is important.
- Look up words you don't understand. The first time you read an actor contract is the most difficult because you need to keep stopping to look every word up. But after you've done it once or twice, got becomes WAY easier since you'll know what everything means. So spend the time now to look up anything you don't know, and you'll never have to spend that time again!
- Be sure everything the production company said you'd get is in writing. Some projects get acquired by other companies midway through, and if something isn't in writing, it likely won't happen. This includes the accommodations you'll receive and even the way you'll be credited.
- Make sure the time commitment is clear. How long are you to be "exclusive" to them? How long will they own the rights to your image & likeness? How long will the production last? There should be clear dates or clear explanations of "if this then that," etc.
- Avoid signing contracts with vagueness. If something says, "to be negotiated in good faith," or "to be determined later," that's a bad sign – make sure all of this is spelled out in advance, otherwise it's essentially as though there is no provision at all for it.
- Don't be afraid to ask for what you want. As stated earlier, production companies expect you to negotiate. They won't back out of having you play the role just because you ask for some changes to your contract. You can even negotiate the rate you're to be paid – all you need to do is send them an email with the requested changes and include a line such as, "If any of these requests are not possible, please let me know and I can speak to my lawyer to see what I can do to make this work for both of us!"
- Ask for more than you'd be happy with. The first draft of any actor contract you'll get will almost always favor the production company more than it favors you, so when you ask for more, it's WAY easier for the production company to simply say "No, but we can do this instead," then for them to completely cut you off and sign with another actor. So ask for more than what you'll be happy with and they'll come back to you with something in the middle, so you get exactly what you want!
- Watch out for short contracts. Any contract under two pages long is a big red flag – it's probably missing important information and likely means the production company you're working with is not legitimate or experienced.
- You still need to read your contract even if you're a union member. Some companies add "riders" (additions) to the end of their contracts that modify the standard union contract, so be sure to check your contract for such additions.
- Always ask for a copy after signing. Be sure to get a copy of the agreement right after it's been signed so you can reference it at any point in the future should something go wrong.
3 Numbers All Actors Should KnowKnowing how actor contracts work is important, but it's just one small part of growing your acting career.
If your goal is to act full-time, you should know these 3 numbers:
- 40-60 Submissions – This is how often full-time, working actors submit themselves (whether they have an agent or not) each month.
- 10-20 Auditions – This is how many times full-time working actors audition (or at least record and submit self-tapes) each month.
- 3-5 Bookings – This is how often full-time working actors book real, paid acting jobs each and every month.
But those are actual, real numbers from busy, working actors who didn't just get lucky.
Those busy, working actors started at the beginning – for them, the biggest question swirling in their minds at the time was:
How do I get taken seriously by casting directors when I don't have good credits or footage? And how do I get credits/footage without being taken seriously by casting directors?
It's the classic actor's catch 22.
When we're struggling to get our careers off the ground, our minds can slip into "desperation mode" and start looking for quick-fix solutions. We'll ask ourselves questions like:
- "Should I take another acting class?"
- "Do I need better headshots or should I pay to shoot a reel?"
- "What's the fastest way to get an agent?"
Think about it this way: Would you bake a cake by randomly sliding a pile of flour, eggs, and chocolate into the oven? Of course not! How you combine the ingredients, the temperature you cook it at, and for how long are all just as important.
Similarly, the long-term, well thought-out strategy you follow as you grow your acting career matters. A LOT.
That's why "strategic thinking" is one of the greatest gifts you can give yourself as an actor.
So today I'd like to give you a gift: 3 tools specifically designed to help you start thinking and operating strategically.
These tools have helped over 14,000 actors so far, many of whom have gone on to:
- Book Broadway roles
- Land network television and Netflix shows
- Sign with agents and managers
- And much more – faster than you'd expect (you can see some success stories here).
