Producers Guide Ultra Low Budget 9 34 0

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Producer’s Guide to Working with SAG-AFTRA on

an Ultra Low Budget Theatrical Motion Picture

SAG-AFTRA Signatory Producers have access to the world’s most talented and
professional performers for their projects, but becoming signatory does require
completing a s mall amount of paperwork. We understand that dealing with
paperwork isn’t as much fun as shooting your project, so to ease this burden
we’ve created this simple guide to completing the signatory process.

Documents
The Signatory Package Zip Files that are posted on the Production Center at
sagaftra.org are provided so that producers may review and c onsider them
before beginning the signatory process. T hey are for demonstration purposes
only---documents with signature lines are watermarked “SAMPLE” and cannot be
executed.

For your reference, the Signatory Package Zip Files are divided into 2 folders:
Signatory Documents and Production Documents. You will use the
Signatory Documents to sign with the Guild, and the Production Documents
to manage the production and post-production phases of your project.

Once you have decided to begin the signatory process, start by following the
steps outlined in the Pre-Production section below.

Pre-Production
These are the steps you must take at least 3 weeks prior to your first day of
travel, rehearsal, or principal photography, whichever comes first.

1. Unless you have already done s o, start by filling out the Preliminary
Information Sheet Low Budget Modified Low Budget Ultra Low
Budget 4.22 (attached at the end of this Guide). E mail it to
[email protected]. A SAG-AFTRA Business
Representative will contact you within a few days to explain the steps
to becoming a SAG-AFTRA Signatory Producer. He/she will also send
you a pac ket of information and documents. The documents in that
packet are not samples and can be fully executed.

Producers Guide Ultra Low Budget 9.34 1 of 8


2. At this point you should send us the following documents from your
packet:

 Information Sheet Theatrical 4.24

 Adherence Letter Theatrical 2011 2.1


(Return two signed originals)

 Ultra Low Budget Agreement 1.9


(Return two signed originals)

 Adherence Letter Pension And Health Plans 2.3


(Return two signed originals)

3. We also need to know who is employing the actors. If your company is


a:
 Corporation – We will need your Articles of Incorporation and
completed Corporate Resolution 3.11.

 Limited Liability Company (LLC) – We will need your Articles


of Organization, LLC Operating Agreement, and completed
Limited Liability Company Resolution 3.19.

 Partnership or Joint Venture – We will need your Fictitious


Business Name Statement (if applicable) and Partnership
Agreement (if applicable).

Note: It’s very important that the information you provide in this step is
consistent with the information submitted in Step 2 a bove. For
example: if you’ve submitted your company’s official name as Film,
L.L.C. in Step 2, submitting it as Film LLC (without the punctuation) in
Step 3 could cause problems with your paperwork.

4. Also send the following required production documents:

 A completed Pre-Production Cast List 5.1

 A copy of the shooting script

 A completed Day Out Of Days Form 6.15

 Line Item Budget; this budget must be detailed and c omplete,


including all above-the-line and below-the-line costs.

Producers Guide Ultra Low Budget 9.34 2 of 8


5. Once we’ve received and r eviewed all of the applicable documents
listed above, your SAG-AFTRA Business Representative will contact
you and l et you know the amount of the security deposit, which you
must deliver to the Guild as follows:

 Security Deposit (in the form of a c ashier’s check or wire


transfer) and related Security Deposit Letter 3.5 and W-9
Form-Request For Taxpayer ID Number & Certification 9.24.

Important Notice Regarding Signatory Documents

Who may sign? S ignatory documents must be ex ecuted by an aut horized


person or persons.

• Corporations – Any person who is authorized by the President or


Secretary of the Corporation on the Corporate Resolution. The Corporate
Resolution may be s igned only by the President or Secretary of the
Corporation.

• Limited Liability Corporations – The Manager or Managing Member as


indicated by the Articles of Organization, the Operating Agreement and
authorized by the Limited Liability Company Resolution.

• Limited Partnerships – The General Partner as identified in the


Partnership Agreement.

• Sole Proprietorships – The Individual Owner.

• D/B/A (“Doing Business As”) – The Individual.

Production
During production, complete and submit the following to your SAG-AFTRA
Business Representative:

1. Delivery of each week’s payroll checks to SAG-AFTRA: Itemized


checks made payable to each performer must be d elivered to your
Business Rep no later than the Thursday following each payroll week.

2. Delivery of each week’s total SAG-Producers Pension and Health


contributions check to the Guild: In addition to the payroll checks,
you must deliver a c heck made payable to the SAG-Producers
Pension and Health Plans in the amount of the total SAG-Producers
Pension and Health contributions for the previous week’s payroll,

Producers Guide Ultra Low Budget 9.34 3 of 8


accompanied by a c ompleted Pension and Health Report of
Contributions Theatrical 6.6.

3. A completed Performer Contract Ultra Low Budget 6.32 for each


performer employed, plus the completed W-4 Form and I-9 Form for
each contract. The current W-4 and I-9 Forms may be accessed at
http://www.irs.gov/businesses/small/article/0,,id=99194,00.html.

4. Production Time Report Exhibit G 6.14 (submitted on a w eekly


basis).

Post-Production
After production, complete and submit the following items to your SAG-AFTRA
Business Representative:

1. Final Cast List Information Sheet 7.1

2. Detailed Line Item Final Cost Report

If you have any questions, please contact your SAG-AFTRA Business


Representative.

TIPS FOR SUCCESS ON ULTRA


LOW BUDGET PRODUCTIONS

Signatory Process

Complete the signatory process as far in advance of using performers as


possible.

Record Keeping

Always keep copies of all documents that you provide to the SAG-AFTRA for
your records and retain them for the future.

Minors

If you intend to use minors in your production you are required to comply with the
SAG-AFTRA minors provisions in General Provisions, Section 50 of the Basic

Producers Guide Ultra Low Budget 9.34 4 of 8


Agreement and if the State that the minor resides in or the state that you are
filming has stricter requirements you must also comply with those. C alifornia
Labor Laws are very specific – you will need to apply for a work permit in
advance of production and the minors you employ also need to obtain work
permits. California Law requires a state certified studio teacher/welfare worker to
be present at all times when a minor is on set, even on days when school is not
in session.

A parent or guardian must be present at all times.

Insurance

Purchase Workers Compensation Insurance and Public Liability and Public


Disability Insurance in advance of production. I f you intend to use a pay roll
company, check to see if your payroll company will provide Worker’s
Compensation Insurance.

Payroll

If you intend to use a payroll company (strongly recommended) contact the


company well in advance. They will advise you on the documents they need and
time frame for receiving them to make sure that all payments are issued on time.
Performers are employees and payroll taxes and withholding are required both
by law and by the Ultra Low Budget Agreement. Information on pay roll
companies and other resources is available on t he SAGIndie website at
www.sagindie.org.

Employment Contract Requirements

All professional performers must be g iven an em ployment contract, W-4 Form


and I-9 Form no later than the first day on the set. A performer has the right to
review the contract and bring it back completed, but have them immediately
complete the W-4 and I-9 Forms in all instances so that payment will not be
delayed. The performer, agent (if applicable), SAG-AFTRA and your company
will require a copy of the executed contract. The current W-4 and I-9 Forms may
be accessed at http://www.irs.gov/businesses/small/article/0,,id=99194,00.html.

Production Time Reports

A production time report must be completed for each day and s igned by the
professional performers present on that day. S AG-AFTRA will need a c opy of
each day’s time report. (This form is included in the original signatory packet.)

Producers Guide Ultra Low Budget 9.34 5 of 8


Nudity

Nudity – There are very specific rules regarding nudity or sex acts – please read
Section 4, page 105, of the Basic Agreement for rules regarding interviews and
work. “The appearance of a pr ofessional performer in a nu de scene or the
doubling of a professional performer in such a scene shall be conditioned upon
the professional performer’s express, written consent.”

Stunts

Stunts – If you have stunts in your production, you should be aware that the stunt
coordinator rate is not reduced under the Ultra Low Budget Agreement. T here
are specific rules regarding stunts and safety on the set. If you have questions
regarding this, please call the SAG-AFTRA Stunt & Safety Department at (323)
549-6855.

Rehearsal

Rehearsal time is work time and requires the performer to be paid a day’s pay –
rehearsal is defined as “The reading of lines, acting, singing or dancing, in
preparation for the performer’s performance, in the presence and under the
supervision of a representative of Producer… R ehearsals shall be c ounted as
work time…” I f the director decides to bring everyone together to discuss the
script, the locations etc. that’s a production conference and no compensation is
due but if he/she decides to have a per former act out a p art of a scene, read
lines etc. that’s a rehearsal. A read-through of the script by the performers is a
rehearsal.

Meal Periods

Meal periods are due every six hours. The minimum is 30 minutes and the
maximum is one hour in length. The penalty is $25 for each half-hour or part of
an hour (for instance if the meal period is 35 minutes late, the penalty will be $50
for each performer affected).

Overtime

Overtime accrues after 8 hours of work (not counting meal periods) at time and a
half up to and including the 12th hour. If the performer works over 12 hours,
overtime is due at double time based on either an hourly rate at the Modified Low
Budget rate of $268 per day or the performer’s day rate, whichever is higher. In
some instances travel time is work and w ould be included in the 12 hours –
check with your Business Representative for a determination. For a definition of
an overnight location for a performer – see Section 10 of the Ultra Low-Budget
Agreement.

Producers Guide Ultra Low Budget 9.34 6 of 8


Rest Periods

Performers are due a 12-hour rest period once they are dismissed from the set.
If it’s an overnight location then the 12 hours begin when the performer arrives
back at the hotel (set to set for locations within the studio zone, hotel to hotel for
overnight locations).

Time of Payment

Performers are due payment by Thursday of the following payroll week. A


payroll week starts on a Sunday and ends on a Saturday. A ny days that the
performer works in the payroll week are due by Thursday of the following week.
Checks with a breakdown of the salary, overtime, penalties (meal penalty or rest
period penalty if applicable) and withholding must be delivered to the attention of
the Business Representative at SAG-AFTRA no later than noon on the Thursday
following each week of work – together with the production time reports and
employment contracts for any performers starting work within the same period.
Late payment charges are $10 per business day for each performer for each day
late! I f the company is not using a payroll company to issue the performers’
checks, then a s eparate check, payable to the SAG-Producers Pension and
Health Plans for the total amount of contributions due on the salary amounts,
accompanied by a completed Weekly Report of Contributions form, must also be
delivered with the performers’ checks. A payroll company will usually make the
payment directly to the SAG-Producers Pension and H ealth Plans office – we
suggest you ask them to make the payment on a weekly basis and not wait until
the end of the month.

Return of Security Deposit

In order to return your security deposit, your Business Representative needs:

• A completed Final Cast List Information Sheet 7.1 A PDF Form is


available in the Production folder in your SAG-AFTRA Signatory Zip File
and at sagaftra.org and included in the original signatory packet.

• A final cost report – similar to the budget detail that you provided before
but detailing actual costs.

• Production time reports (Production Time Report Exhibit G 6.14) and/or


performer contracts that have not already been provided to SAG-AFTRA.
PDF Forms are available in the Production folder in your SAG-AFTRA
Signatory Zip File and at sagaftra.org and included in the original signatory
packet.

Producers Guide Ultra Low Budget 9.34 7 of 8


• Any outstanding documents that the Business Representative requested
and has not received.

How long does it take?

The SAG-Producers Pension and Health Plans office will be sent a copy of the
Final Cast List Information Sheet 7.1 and asked to report whether the
contributions have been r eceived. Y ou will be not ified if any discrepancies are
found.

Provided there are no claims outstanding and al l documents are received, the
deposit will be r eturned within 3 w eeks. P lease follow up w ith the Business
Representative to make sure the Final Cast List Information Sheet 7.1 is
received shortly after sending it in and ag ain approximately 10 bus iness days
after the Final Cast List Information Sheet 7.1 is received to see if there are
any outstanding issues that may delay the return of the deposit.

We hope you find this checklist useful and suggest that you distribute it to all
appropriate production staff after adding the name and telephone number of the
Business Representative(s) assigned to your production.

We encourage you to call if you have questions and wish you success.

Producers Guide Ultra Low Budget 9.34 8 of 8


SCREEN ACTORS GUILD-AMERICAN FEDERATION
OF TELEVISION AND RADIO ARTISTS
PRELIMINARY THEATRICAL INFORMATION SHEET
ULTRA LOW-BUDGET AGREEMENT, MODIFIED LOW-
BUDGET AGREEMENT OR LOW-BUDGET AGREEMENT
(Motion Pictures made for initial Theatrical release only)

Please complete the yellow highlighted areas completely – PRINT CLEARLY


(it is important that you do not leave any areas blank).

Important: Return this form at least 3 weeks before the start of principal photography
along with a copy of your Driver’s License if signing as an individual,
or a copy of your corporate formation documents if signing as a Company.

Agreements: ULB MLB LB

Is your project: Live Action Animated

Film Title:

Production Information:
Contact Person: Position in production:
Home: Work: Cell: FAX: E-mail address:

Producer (if different than above):


Name:
Home: Work: Cell: FAX: E-mail address:

Signatory Information:
Are you signing as (check one only): Individual: Business or Corporation:

Business Type (if applicable): Corporation: LLC: Business: DBA: Other:

Name of Individual or Business:

Street: (Alternate or Mailing Address - optional)


Suite: Name
City: Address:
State & Zip City:
Attn: State & Zip:

About the Film:

Briefly describe the storyline:

Principal Photography Start Date: Travel Date: Number of shooting days:


Principal Photography Completion Date: Rehearsal Date:
Medium (film, digital, video): Projected edited length (mins):
Who owns the Film? Do you have a distribution agreement?
Who wrote the screenplay? Is there a security interest on the film?
Who is the Casting Director? Casting Director Phone Number:
Casting Director Address:

Preliminary Information Sheet Low Budget Modified Low Budget Ultra Low Budget 4.22 1 of 4
Where are you shooting
(city/state, etc.)?
If more than one location, list dates for each location:

Total number of speaking roles: SAG-AFTRA: Non-SAGAFTRA:

Total budget: $
Film Financed by:
Payroll House: Contact: Phone:

Additional information:

Please place a check mark if you intend to include any of the following in your production:

Minors: Animals: Singers: Stunts: Nudity:

Films produced under the SAG-AFTRA Low-Budget Agreements must be filmed entirely within the United
States and its territories.

PLEASE RETURN this document along with your Driver’s License (or corporate formation paperwork if
signing as a business) at least 3 weeks before the start of principal photography or before producer
intends to travel performers (whichever is earlier).

Further information on all the SAG-AFTRA Low-Budget Agreements is available at www.SAGAFTRA.org.


If you live in the vicinity of Los Angeles or New York and have any questions on these agreements, we
recommend that you attend the “Low Budget Contract Workshops for Film”. For a workshop reservation
call the SAGIndie Outreach Program at (323) 549-6064 or book online at www.SAGIndie.org. If you live
in an area covered by one of the SAG-AFTRA Local offices listed below, please call the telephone number
provided.

Notice Regarding Minors


Please note that if you are employing minors (those under 18 years of age) you are required by state law
to make sure that they have obtained minor work permits. For more information, please visit the Division
of Labor Standards Enforcement website at http://www.dir.ca.gov/dlse/dlse-cl.htm or contact the Los
Angeles district office at 213-620-6330 or the appropriate state agency outside of California. If you are
employing minors during the school year, you will be required to provide a teacher on set. Minors are only
allowed to be on set a limited amount of hours. Go to http://www.thestudioteachers.com/look-up-labor-
law/ for information.

Preliminary Information Sheet Low Budget Modified Low Budget Ultra Low Budget 4.22 2 of 4
LEGAL REQUIREMENTS

It is the obligation of the SAG-AFTRA signatory to comply with all legal requirements for
employment of performers including, but not limited to, those pertaining to Workers Compensation.

PLEASE RETURN by fax to the appropriate number listed below at least 3 weeks before travel of SAG-
AFTRA member or start of principal photography. A Business Representative will contact you as soon
as practicable (normally no later than one week) to follow-up on your request, explain the process and
forward the appropriate paperwork. If you have not been contacted by the Theatrical Department, please
call (323) 549-6828 or email [email protected] to check that your preliminary information sheet
has been received.

For Films shooting in:

Alaska Kansas Nevada Omaha* Utah


Arizona Los Angeles New Mexico Oregon Washington
Colorado vicinity North Dakota* San Diego Wyoming
Hawaii Montana Texas Seattle
Idaho Nebraska Oklahoma South Dakota*

Fax to Los Angeles office – Theatrical Contracts – (323) 549-6886. Telephone (323) 549-6828.
Email to Los Angeles office – Theatrical Contracts – [email protected]
* For Ultra Low Budget productions only in these areas please fax to the Chicago office – (312) 573-0318.

For Films shooting in:

Alabama Kentucky Missouri* Rhode Island


Arkansas Louisiana New Hampshire South Carolina
Connecticut Maine New York Tennessee
Delaware Maryland North Carolina Vermont
Florida Massachusetts New Jersey, Ohio* Virginia
Georgia Michigan Pennsylvania Washington D.C.
Illinois* Minnesota* Philadelphia West Virginia
Iowa* Mississippi Puerto Rico Wisconsin*

Fax to New York office – Theatrical Contracts – (212) 944-6774. Telephone (212) 827-1553.
* For Ultra Low Budget productions only in these areas please fax to the Chicago office – (312) 573-0318.
Telephone (312) 573-8081.

For Films shooting in the San Francisco and Northern California areas:
Fax to San Francisco office – (415) 391-1108. Telephone (415) 391-7510

Although the signatory process will be handled by the Los Angeles or New York SAG-AFTRA office, if you
are shooting in an area with a Local SAG-AFTRA office, please feel free to contact them ahead of time.

Local SAG-AFTRA offices can be reached toll-free at (800) 724-0767. Local numbers are below:

Preliminary Information Sheet Low Budget Modified Low Budget Ultra Low Budget 4.22 3 of 4
LOCAL LOCAL
Arizona-Utah New England
Contact: Fatna Sallak-Williams Tel: (617) 262-8001
Tel: (323) 549-6828 Fax: (617) 262-3006
Fax: (323) 549-6886
[email protected]
Atlanta New Mexico
Tel: (404) 239-0131 Contact: Marisa Leal
Fax: (404) 239-0137 Tel: (323) 549-6828
Fax: (323) 549-6886
[email protected]
Chicago New Orleans
Tel: (312) 573-8081 Contact: Doriza Sojo
Fax: (312) 573-0318 / (800) 599-1675 Tel: (305) 663-7081
Fax: (305) 670-1813 / (800) 844-5439
Colorado New York
Contact: Marisa Leal Tel: (212) 827-1553
Tel: (323) 549-6039 Fax: (212) 944-6774
Fax: (323) 549-6886
[email protected]
Dallas-Fort Worth Ohio-Pittsburgh
Tel: (214) 363-8300 Tel: (412) 281-6767
Fax: (214) 363-5386 Fax: (412) 281-2444
Hawaii Philadelphia
Tel: (808)596-0388 Tel: (215) 732-0507
Fax: (808)593-2636 / (800) 305-8146 Fax: (215) 732-0086
Houston-Austin Portland
Contact: Trish Avery Contact: Chris Comte
Tel: (214) 363-8300 Tel: (206) 282-2506
Fax: (214)363-5386 Fax: (206) 282-7073
Los Angeles San Diego
Theatrical Contracts Department Contact: Fatna Sallak-Williams
Tel: (323) 549-6828 Tel: (323) 549-6054
Fax: (323) 549-6886 Fax: (323) 549-6886
[email protected] [email protected]
Miami San Francisco – Northern California
Tel: (305) 670-7677 Tel: (415) 391-7510
Fax: (305) 670-1813 / (800) 844-5439 Fax: (415) 391-1108
Michigan Seattle
Contact: Kathy Byrne Tel: (206) 282-2506
Tel: (312)573-8081 Fax: (206) 282-7073
Fax: (312) 573-0318 / (800) 599-1675
Missouri Valley Twin Cities
Tel: (314) 231-8410 Contact: Kathy Byrne
Fax: (314) 231-8412 Tel: (312) 573-8081
Fax: (312) 573-0318 / (800) 599-1675
Nashville Washington - Mid Atlantic
Tel: (615) 327-2944 Tel: (301) 657-2560
Fax: (615) 329-2803 Fax: (301) 656-3615
Nevada
Contact: Fatna Sallak-Williams
Tel: (323) 549-6054
Fax: (323) 549-6886
[email protected]

Preliminary Information Sheet Low Budget Modified Low Budget Ultra Low Budget 4.22 4 of 4

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