This contract is tailored for regional advertisers to easily hire SAG-AFTRA performers at competitive rates with flexible terms.
Things you should know about this contract:
- Predictable Rates – One rate covers session and use fees (See rates on final page).
- Multiple Platforms - Rates include broadcast and local cable, internet, new media and theatrical/industrial.
- Signatory Options – One Production Only or even further reductions for Full Term Signatories.
- Less Paperwork – Just a phone call and signature away from production.
- Regional Coverage: Commercials made in the Maryland, North Carolina, Virginia, Washington D.C., and
- West Virginia can play in the bordering states for no extra cost (see below). Up to two states can be added for a supplemental fee.
The following rates, terms, and conditions shall apply only to commercials produced within Maryland, North Carolina, Virginia, Washington D.C.* and West Virginia. Such commercials are expressly limited to use within the particular state where the production occurs, plus any of its bordering states (except California, metropolitan New York City, and metropolitan Chicago, where use under this code is never permitted.)
*For commercials produced within Washington D.C., Producer may designate either Maryland or Virginia as place of production for purposes of determining bordering states for use.
2. APPLICABLE TERMS AND CONDITIONS
It is understood and agreed that all terms and conditions of the 2019 SAG-AFTRA Commercials Contract and the 2019 SAG-AFTRA Audio Commercials Contract (collectively, the “Commercials Contracts”) shall apply, except as expressly modified herein.
Notwithstanding any contrary provisions in the Commercials Contracts, the terms and conditions of the Commercials Contracts shall apply to commercials produced outside of the Jurisdiction of the 2019 Washington-Mid Atlantic Regional Commercials Code, herein referred to as “Washington-Mid Atlantic Code”.
In no event shall a Producer be permitted to make use of a commercial outside of the Jurisdiction of the Washington-Mid Atlantic Code. If the Producer breaches this agreement and does make use of a commercial outside of the Washington-Mid Atlantic Code’s Jurisdiction, the Producer as a remedy shall immediately upgrade and pay all performers on the commercial retroactively in accordance with the full rates, terms, and conditions of the Commercials Contracts, without regard to those terms expressly modified herein. Nevertheless, under no circumstance shall such a breach and upgrade authorize the Producer to produce any other commercials outside of the Jurisdiction of the Washington-Mid Atlantic Code.
3. EFFECTIVE DATE
The Washington-Mid Atlantic Code shall be effective for a period commencing with the date of execution by Producer of a letter of adherence and countersigned by SAG-AFTRA and shall apply to all commercials made during its term, whenever exhibited, but not to commercials made prior to its Effective Date. The rate, terms, and conditions of the Washington-Mid Atlantic Code shall not be retroactive to any date prior to the date the letter of adherence is signed and countersigned by the parties.
4. TERM OF AGREEMENT
The expiration date of the Washington-Mid Atlantic Code will coincide with the dates of expiration of the 2019 SAG-AFTRA Commercials Contract and the 2019 SAG-AFTRA Audio Commercials Contract at midnight, March 31, 2022, but shall continue in effect thereafter until terminated by either party upon 60 days’ written notice to the other party.
5. PAYMENT & USE
Session Fees: All minimum session fees shall be computed and paid at 80% of the minimum session specified in the Commercials Contracts for commercials produced by a Producer who executed a letter of adherence to the Washington-Mid Atlantic Code on a One Production Only basis and 70% of the Commercials Contracts for commercials produced by a Producer who executed a letter of adherence for the full term of the Washington-Mid Atlantic Code. Payment of the minimum session fee below for local commercials produced under the Washington-Mid Atlantic Code reflects a 13-week use period. Payment for additional term of use options are noted on the rate sheet. Hand Models, General Extras and Stand-Ins receive the below-listed session rate, which shall cover any and all use of the commercial under the Washington-Mid Atlantic Code. See examples of minimum session fees for key performer categories below.
|One Production Only||Full Term|
|EXTRAS (Allows Unlimited Use)|
P&H/H&R Contribution: 19% (18.5% for JPC Authorizers)
Rates are rounded to the nearest dollar. For rates covering additional categories, see the attached applicable Rate Sheet.
Payment of the minimum session fee includes all local broadcast, internet, new media, theatrical/industrial and local cable use within the Jurisdiction of the Washington-Mid Atlantic Code. Extended or unlimited editing rights may be obtained through direct bargaining with the performer or the performer’s agent. Local internet and new media use are restricted as per Section 6 below.
Use Payment Options: Producer may acquire the right to use the commercial for periods of 13 weeks, 1 year or 21 months from the date of employment based on the flat rates set forth in the applicable Rate Sheet.
No exclusivity rights may be acquired by Producer with respect to principal performers who perform under the Washington-Mid Atlantic Code. Holding fees are not required.
6. INTERNET & NEW MEDIA
The advertiser involved in the commercial must not have more than limited web sales or catalog sales outside of the Jurisdiction of the Washington-Mid Atlantic Code. Any exceptions may be granted by the Union and must be granted in writing.
7. EXPANDED TERRITORY OF USE
With notification to the Local, Producer may expand the geographical use of the commercial by including up to two states beyond what is described in Section 1; Jurisdiction. In no case shall this expanded territory include California or the metropolitan areas of New York City and Chicago. For each additional state, Producer shall pay an additional 25% of the session fee for the same term.
If 21 months have expired since the date of employment, Producer must negotiate with the Performer if they wish to extend use.
9. OVERTIME/TRAVEL TIME
Any overtime or travel time payments will be based on the term of the initial session, however, in no case will the payment be based on more than the 13-week rate. Overtime is paid at time and a half for the 9th and 10th hour and double-time thereafter.
10. MULTIPLE DAYS WORKED
If a Performer is being engaged at a rate greater than the 13-week rate and there is a second and subsequent day(s) of shooting on the same commercial, the 13-week session rate shall be paid for each of the second and subsequent days.
11. PUBLIC SERVICE ANNOUNCEMENTS
Producer may utilize the 13-week rate for regional PSAs where no media time is purchased and with a use period of no longer than one year.
No premium payment will be due for work on Saturdays and Sundays. Double time will be due for work on contractually mandated holidays.
13. COVERAGE OF EXTRAS
Producer need only cover up to ten extra performers, in applicable zones, under the terms of the Washington-Mid Atlantic Code.
14. PENSION AND HEALTH/HEALTH AND RETIREMENT CONTRIBUTIONS
With respect to commercials produced under the Washington-Mid Atlantic Code, Producer shall make all appropriate pension and health/health and retirement contributions in accordance with Section 47 of the 2019 SAG-AFTRA Commercials Contract and Section 65 of the 2019 SAGAFTRA Audio Commercials Contract. However, instead of making contributions to the Screen Actors Guild-Producers Pension Plan and the Screen Actors Guild-Producers Health Plan under Section 47 of the 2019 SAG-AFTRA Commercials Contract, required contributions will be made to the SAG-AFTRA Health Plan and the SAG-Producers Pension Plan. Similarly, instead of making contributions to the AFTRA Health and Retirement Funds under Section 66 of the 2019 SAG-AFTRA Audio Commercials Contract, required contributions will be made to the SAGAFTRA Health Plan and the AFTRA Retirement Fund.
All performers will be notified at the time of audition and engagement that they are being employed under the terms and conditions of the Washington-Mid Atlantic Code.