To: All SAG-AFTRA Florida members who are currently represented by, or previously been affiliated with, DK Model & Talent Agency
From: Xochitl Cerda, Senior Manager, SAG-AFTRA Agency Relations
Date: March 21, 2013
Re: Surrender of DK Model & Talent Agency
Please note that SAG-AFTRA has deemed DK Model & Talent Agency’s Franchise surrendered effective March 20, 2013.
The effect of the surrender is as follows:
No member of SAG-AFTRA may hereafter engage, use or deal through this agency.
All contracts in force between this agency and the members of SAG-AFTRA are ipso facto and without further notice terminated
except that the agency may retain and collect any commissions earned under said contracts prior to the surrender of franchise.
Members shall not be under any obligation to pay commissions to the agent on any moneys earned by members after the termination of the agency contracts, even though such moneys are earned by members on employment contracts in existence at the date of termination of the agency contracts.
As a precaution, SAG-AFTRA has decided to reach out to its members to ensure that the agency has fully complied with both Florida State Law and SAG Agency Regulations, Rule 16(g), requirements.
SAG-AFTRA hereby advises you to review your own records. If you have failed to receive talent payments sent to DK for SAG covered work on your behalf, please notify SAG-AFTRA’s National Agency Relations Department by April 20, 2013. The union will assist you in any way it can to rectify the situation. If, however, you fail to discover any irregularities in your agency’s payment obligations to you, SAG-AFTRA reminds you of your continuing duty to promptly pay your agent its rightful commission (see above). If you are confused about these obligations, please do not hesitate to contact SAG-AFTRA.
SAG-AFTRA would also like to remind you of your right to revoke any check authorizations currently on file for this agency, if you wish to do so. You may do this by advising your employers, the SAG-AFTRA Residuals Department, and any applicable payroll services of said revocation in writing. Again, revocation of any pre-existing check authorizations does not negate your continuing obligation to promptly pay your agent commissions when they are owed.
By copy of this letter we are putting DK Model & Talent Agency on notice that all talent payment checks now in its possession, or which may hereafter be received by it in connection with SAG-AFTRA represented performers, are held in trust for the benefit of the performer on whose behalf the check is issued, in accordance with SAG Agency Regulations, Rule 16(g), and all applicable Florida State Law.
Please do not hesitate to contact the National SAG-AFTRA Agency Relations Department at (323) 549-6745 if you have any outstanding questions.