In what state is your agency located? PREREQUISITES TO ...

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TO: All Franchise Applicants Please be sure that the answers to the questions in the applications and additional information requested below are accurate and complete. False or misleading statements may result in a delay or a denial of your franchise applications. Please read the applications for both the 16(g) and 12-C Agency Regulations very carefully and answer all questions completely and truthfully. In what state is your agency located? PREREQUISITES TO RECEIVING FRANCHISES FROM SAG-AFTRA: 1. Please provide a copy of your current state employment agency license, $10,000 state bond for New Jersey, and a $10,000 bond listing SAG-AFTRA as the oblige (see enclosed bond (Post office boxes, virtual, or home offices do not satisfy the “office” requirement under the Agency Regulations, Section IV of 16(g) and Section VIII of 12-C). 2. Please attach a resume for each owner, in chronological order, for at least the last (5) five years of employment. (Please note that SAG-AFTRA requires a minimum of (1) one year of applicable experience in the entertainment industry before franchising an agency). 3. All agencies are required to complete the Agency Update Form initially and periodically as changes take place at the agency (see enclosed form). 4. Please include (3) three letters of recommendation from recognized industry professionals (i.e. persons/entities doing business in the entertainment industry within SAG-AFTRA’s jurisdiction such as recognized casting directors (members of the CSA) or casting directors who have worked on Union signatory projects within the last (5) five years, SAG-AFTRA affiliated managers, or current SAG-AFTRA members in good standing). All letters must be on company letterhead, signed, and include a SAG-AFTRA ID for current members in good standing. 5. Please provide a letter from your financial institution, on its letterhead and with contact information for the banker, providing proof of your agency’s “business operating account” and your agency’s “client trust account” or a second non-interest bearing account, which

Transcript of In what state is your agency located? PREREQUISITES TO ...

Page 1: In what state is your agency located? PREREQUISITES TO ...

TO: All Franchise Applicants

Please be sure that the answers to the questions in the applications and additional information

requested below are accurate and complete. False or misleading statements may result in a delay or

a denial of your franchise applications.

Please read the applications for both the 16(g) and 12-C Agency Regulations very carefully and

answer all questions completely and truthfully.

In what state is your agency located?

PREREQUISITES TO RECEIVING FRANCHISES FROM SAG-AFTRA:

1. Please provide a copy of your current state employment agency license, $10,000 state bond

for New Jersey, and a $10,000 bond listing SAG-AFTRA as the oblige (see enclosed bond

(Post office boxes, virtual, or home offices do not satisfy the “office” requirement under the

Agency Regulations, Section IV of 16(g) and Section VIII of 12-C).

2. Please attach a resume for each owner, in chronological order, for at least the last (5) five

years of employment. (Please note that SAG-AFTRA requires a minimum of (1) one year of

applicable experience in the entertainment industry before franchising an agency).

3. All agencies are required to complete the Agency Update Form initially and periodically as

changes take place at the agency (see enclosed form).

4. Please include (3) three letters of recommendation from recognized industry professionals (i.e.

persons/entities doing business in the entertainment industry within SAG-AFTRA’s jurisdiction

such as recognized casting directors (members of the CSA) or casting directors who have

worked on Union signatory projects within the last (5) five years, SAG-AFTRA affiliated

managers, or current SAG-AFTRA members in good standing). All letters must be on company

letterhead, signed, and include a SAG-AFTRA ID for current members in good standing.

5. Please provide a letter from your financial institution, on its letterhead and with contact

information for the banker, providing proof of your agency’s “business operating account”

and your agency’s “client trust account” or a second non-interest bearing account, which

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includes the name and number for both accounts (see enclosed template and attached

voided checks).1

6. SAG-AFTRA will conduct a timely office inspection prior to finalizing any franchise application.

The Union reserves the right to reject any office space, which, in its determination, may

endanger the health, safety, or welfare of any of its current or future members.

7. All agency employees who actively engaged in procuring, negotiating, or otherwise advising

performers for their work within the Union’s jurisdiction are required to execute Sub-Agent

Applications under both 16(g) and 12-C (see enclosed form). Such employees are known as

sub-agents and they must provide their name, social security number, and resume for at least

the last (5) five years of employment as part of the application.

8. NOTE: SAG-AFTRA franchised agents may not benefit, directly or indirectly, from the

operation of a “school”, broadly defined. If the applicant is connected in any way with a

modeling school, or school of any type, please explain in detail.

To view the Agency Regulations, please reference the below links:

12-C Agency Regulations:

https://www.sagaftra.org/files/AFTRA_Regulations_Governing_Agents_Under_Rule12C.pdf

12-C Sideletters:

https://www.sagaftra.org/files/Rule_12C_Sideletters_6and7.pdf

16(g) Agency Regulations:

https://www.sagaftra.org/files/sag_rule_16_g.pdf

Please note that hard-copy versions of the Agency Regulations may be requested by

contacting the Professional Representatives Department.

1 NOTE: Your attention is called to Section X (M) of 12-C which states: “…The moneys belonging to the artist shall not be comingled with moneys

belonging to the agent but shall be segregated and kept in a separate account which may be known as a “client account” or “trust account” or a

non-interest bearing account. Each agent may have one or more of such client’s or trust accounts and may keep all moneys of all artists in one

or more of such client’s or trust accounts.”

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PARTIES WHO MUST EXECUTE APPLICATIONS

If the applicant is a corporation, the officers, directors, and stockholders of the corporation

listed as such at the time the application is filed shall be deemed, at the option of the SAG-

AFTRA to be the officers, directors and stockholders of said corporation until SAG-AFTRA is

notified in writing of any substitutions, additions, or changes in said officers, directors and

stockholders and for the purposes hereof at the option of SAG-AFTRA, only those officers,

directors, and stockholders listed with SAG-AFTRA as aforesaid shall be deemed to be the

officers, directors, and stockholders of the corporation.

The application for an agent’s franchise shall be executed by the applicant and by each and

every person, firm, or corporation having an interest in applicant, directly or indirectly;

provided, however that any stockholder not active in the business of applicant who holds

less than five percent (5%) participation interest in the business, shall not be required to

execute an application, providing the stockholder or partners holding or owning at least

seventy-five percent (75%) of the total stock or participating interest in the application sign

the application. The due execution of the application by each person executing it shall be

acknowledged before a Notary Public or an equivalent officer. An owner of the agent who

executes a franchise application need not be franchised as a sub-agent.

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OFFICE INSPECTION

During the application process, a representative of SAG-AFTRA will visit your office to inspect its

facilities.

Our guidelines include (but are not limited to):

1. An agency must be located in a commercial office building or space.

2. The office space must be used only for business purposes and not for residential purposes.

3. There must be two rooms (reception area and office) or a built-in room divider.

4. The agency name must appear on the building directory.

5. There must be separate restroom facilities near the office.

6. An agent may not share an office telephone with another business without written approval

from SAG-AFTRA.

7. SAG-AFTRA will not approve any office space, which, in its determination, may endanger the

health, safety, or welfare of its current or future members.

Please submit your completed franchised packet by mail to:

SAG-AFTRA

Attn: Professional Representatives

5757 Wilshire Blvd, 7th Fl.

Los Angeles, CA 90036

Or by email to:

[email protected]

If you have any questions, please do not hesitate to contact us at 323.549.6745.

Thank you and we look forward to receiving your completed applications!

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Revised 11.07.16

AGENCY UPDATE FORM

AGENCY INFO To update your address, please attach a copy of your license and surety bond reflecting the new address.

Name of Agency _________________________________________________________________________________________

SAG 16(g) IDN: _____________ 12-C AFTRA IDN: _____________

Phone _________________________ Fax _________________________

Address ________________________________________________________________________________________________

CLIENT TRUST ACCOUNT INFORMATION

Bank Name __________________________________________________ Account # _________________________________

Address ________________________________________________________________________________________________

BUSINESS OPERATING ACCOUNT INFORMATION

Bank Name __________________________________________________ Account # _________________________________

Address ________________________________________________________________________________________________

TALENT AGENCY LICENSE & SURETY BOND INFORMATION: PLEASE SEND PHOTOCOPY OF CURRENT LICENSE (OR BUSINESS OPERATING PERMIT IN AREAS WHERE APPLICABLE) AND SURETY BOND (OR CERTIFICATE OF DEPOSIT WHERE APPLICABLE).

OWNERSHIP BREAKDOWN*

Name ______________________________ SS# ________________ % of Ownership ____________

Email ______________________________

Name ______________________________ SS# ________________ % of Ownership ____________

Email ______________________________

SUB-AGENTS* A resume and application are required for all new sub-agents.

Name ______________________________ SS# ________________ Authorized Signer? __________

Email ______________________________

Name ______________________________ SS# ________________ Authorized Signer? __________

Email ______________________________

Name ______________________________ SS# ________________ Authorized Signer? __________

Email ______________________________

*Please attach a separate sheet for additional owners and/or sub-agents.

Please Print Name ________________________________________

Signature of Owner ________________________________________ Date ____________________

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[email protected] • SAGAFTRA.org • 323.549-6735 / 323.549.6745 SCREEN ACTORS GUILD - AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS

5757 Wilshire Blvd., 7th Floor, Los Angeles, CA 90036-3600 Associated Actors & Artistes of America / AFL-CIO

Date:

To Whom It May Concern:

We have been advised by an applicant for a SAG-AFTRA talent agency franchise, <agent name placeholder extra space> , that their agency, <agency name place holder holder extra space>, maintains accounts with your bank.

In order for us to proceed with the paperwork for <agency name place holder holder extra spa, it must demonstrate that it holds both a business operating account and a non-interest bearing trust/escrow account with a recognized banking institution. Accordingly, we require written confirmation from you that <agency name place holder holder extra space>, holds the following accounts with your institution:

CLIENT TRUST/NON-INTEREST BEARING ACCT #

OPERATIONS ACCT #

If this information is accuate, please confirm by checking the appropriate boxes below and signing this document for our records.

We thank you in advance for your anticipated cooperation, and your attention to this matter.

Yours truly,

Xochitl Cerda Director Professional Representatives Department

This information is accurate:

This information is inaccurate:

Print Name: _____________________________________________________

Signature: _______________________________________________________

Title: ___________________________________________________________

Contact Information: ______________________________________________

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SURETY BOND FORM

KNOW ALL PERSONS BY THESE PRESENTS, that we ___________________________________________ a/an (Name of agency)

_________________________ with business locations at _________________________________________________________ (Individual, Partnership, etc) ________________________________, as principal (the “Principal”) and ____________________________________________ (City, State & Zip)

________________________, as surety (the “Surety”), are held and bound onto Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”), in the penal sum of $_____________________ to the payment whereof we bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents.

WHEREAS, SAG-AFTRA has agreed to issue to the Principal a franchise to engage in business as a SAG-AFTRA franchised talent agency, upon receipt by SAG-AFTRA of satisfactory evidence of a surety bond.

It is a condition of this bond that the Principal is to comply with SAG-AFTRA’s Regulations Governing Agents under Rule 16(g) and/or Rule 12C, respectively (“Agency Regulations”) and all of the laws and regulations governing the acts of talent agencies in the State of ____________________ and a further condition of this obligation is that the Principal and Surety to this bond shall be subject to suit and or arbitration by action thereon by any person who shall sustain actionable inquires or loss or damage, including reasonable costs and attorney’s fees, by the conduct on the part of the Principal, and it shall be for the purpose of indemnifying any persons injured or damaged or who may suffer loss due to any wrongful act of the Principal, his agents or employees and their respective heirs, executors, administrators and assigns.

Regardless of the number of years this bond remains in full force or the number of premiums paid, and regardless of the number or amount of claims or claimants, in no event shall the aggregate liability of the surety bond exceed the penal sum of the bond.

The bond shall be deemed continuous in form and shall remain in full force and effect throughout the term that the talent agent maintains a SAG-AFTRA franchise unless terminated or cancelled in the manner herein provided. SAG-AFTRA reserves the right to periodically request proof of bond continuation including, but not limited to, proof of premium payments, any issued continuation certificates, or any other documentation deemed necessary by the Union. Any modification in the obligations of the Principal under the Agency Regulations may be made without the consent or knowledge of the Surety and without in any way releasing the Surety from liability under this bond.

The Surety may, at any time, cancel this bond by giving thirty (30) days written notice by registered mail to SAG-AFTRA. The Surety, however, shall remain liable for any defaults under this bond committed prior to the expiration of such thirty (30) day period, together with the interest due thereon.

If any of the provisions of this bond are held to be illegal or unenforceable by a court of competent jurisdiction, all other provisions shall remain effective.

The effective date of this bond is: _____________________________.

Signed, sealed and dated this ________ day of __________, 20______.

Witness: __________________________________ Principal: ___________________________________

BY: __________________________________ BY: ___________________________________ (Witness to Principal Signature) (Signature must agree with owner signature on application)

Surety: ______________________________________ (Surety Company)

BY: _____________________________________ BY: ______________________________________ (Agent of Surety Company) (Attorney in Fact)

INFORMATION NEEDED FROM THE INSURING AGENCY (please type):

NAME OF SURETY: ___________________________________________ ADDRESS: ___________________________________________

Telephone Number: ___________________________ Bond Number assigned: _________________________________

Please mail this completed form to: SAG-AFTRA PROFESSIONAL REPRESENTATIVES DEPARTMENT

*1900 Broadway, 5th Floor, New York, NY 10023 *5757 Wilshire Blvd. 7th Floor, Los Angeles, CA 90036

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1

APPLICATION FOR SCREEN ACTORS GUILD, INC. 2

TALENT AGENT’S FRANCHISE 3 4

The undersigned, and each of them, hereby apply to the Screen Actors Guild, Inc. 5 hereinafter sometimes called the “SAG”, for an Agent’s Franchise, for and on behalf of 6

7 ___________________________________________________________________________ as Applicant. 8 For convenience the undersigned and applicant may be hereinafter collectively referred to as “Applicant.” 9

10 1. Applicant proposes to conduct the agency business at the following offices, having the following11

12 address or addresses:____________________________________________________________________ 13

14 ---------------------------------------------------------------------------------------------------------------------------------------------- 15

16

----------------------------------------------------------------------------------------------------------------------------- ------------------ 17 18

Office phone number:________________________________ Fax number__________________________ 19 20

Home address:__________________________________________________________________________ 21 22

Home phone number:____________________________________________________________________ 23 Applicant agrees to notify SAG promptly of any changes in office address(es) or phone number(s) or the 24 establishment of new office(s). 25

2. Applicant’s State of Local License number is_______________________________________________26 3. Has applicant had an agency license revoked, suspended, or denied?_______27 4. What other franchises are held by Applicant?: AFTRA_____; AGVA_____; Equity_____; AFM_____28 5. Has any franchise been revoked, suspended or denied by AFTRA, AGVA, Equity or AFM____________?29 6. Applicant has read Rule 16(g) of SAG, which is herein referred to as the “Regulations”. The said Regula-30

tions are incorporated herein by this reference as though set forth in this application, and Applicant agrees to 31 be bound thereby and conform thereto. Applicant has examined the form of Agent’s Franchise which SAG pro- 32 poses to issue and is familiar therewith and agrees that the Agent’s Franchise in such form is the one which 33 SAG may issue pursuant to this application. 34

7. Applicant is submitting herewith evidence of maintenance of a Surety Bond in the amount of $10,00035 or in the absence thereof, has provided other security acceptable to SAG, guaranteeing the financial obligations 36 of the agent to actors under Rule 16(g) as a condition of issuance and continuance of franchise as provided 37 by Section III of Rule 16(g) 38

8. Applicant agrees that all statements, agreements and representations made in this application are made39 for the express benefit of SAG and of its members, both present and future. Applicant further agrees that this 40 application and the franchise issued pursuant hereto, if one be issued, shall constitute a contract between 41 Applicant and SAG. 42

9. All statements attached are a part hereof. Applicant has attached hereto a statement setting forth a sum- 43 mary of the business experience of each of the undersigned. 44

10. Applicant states that no person, firm, or corporation who is engaged in the production or distribution45 of motion pictures has an interest in Applicant’s business, either directly or indirectly, whether as an owner 46 or otherwise. Applicant further states that no person, firm or corporation who is engaged in the production or 47 distribution of motion pictures has any right to share in the profits of Applicant’s business, directly or in- 48 directly, or holds any indebtedness from Applicant to such person. Applicant is not engaged in the production 49 or distribution of motion pictures. If the foregoing statements, or any of them, are not correct, the incorrect 50

(a P.O. Box address does not satisfy the office requirement under Section IV of the Agency Regulations)

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2

statement or statements should be stricken out and a detailed statement attached to this application setting forth 1 the facts which caused Applicant to strike out the incorrect statement or statements. However, to the extent 2 permitted by Sections V and XVI of the Regulations. Applicant need not strike out, and there shall be no 3 misrepresentation. 4 11. Applicant has never been convicted of a crime involving embezzlement, theft, fraud, forgery or dishonest 5 conduct. If the foregoing is incorrect, applicant shall strike it out and attach to this application a statement giv- 6 ing all of the details with reference to any such conviction. 7 12. Each person, firm or corporation, and all of them, agree to be bound jointly and severally hereunder. 8 Each person who is now or may be hereafter be an owner of Applicant shall be jointly and severally liable on 9 all contracts between Applicant and any member of SAG where any obligation under any such contract was 10 incurred to the member while such person was an owner of Applicant. 11 13. Each person executing this application, where such application is made on behalf of a partnership 12 or corporation, states that he has no existing contracts to act as agent with members of SAG, or, if such person 13 has any such contracts, then such person states that he now holds, or is applying as an individual for an agent’s 14 franchise from SAG. 15 14. Applicant recognizes that in this complicated industry waivers may be necessary from time to time 16 with reference to the Regulations, and Applicant agrees that SAG may grant such waivers without affecting the 17 Applicant’s obligations hereunder. 18 15. Applicant agrees to conform to the Regulations and does hereby consent to the modification of all 19 existing contracts with reference to the motion picture industry between Applicant and present or future members 20 of SAG in the manner and to the extent set forth in the Regulations. 21 16. This application shall be of no effect unless SAG issues a franchise pursuant hereto. 22 17. Notice to the party in whose name the franchise is issued shall be notice to all parties who join herein. 23 18. Applicant attaches hereto a statement setting forth a full description of the legal and factual organiza- 24 tion of Applicant. Named in said statement are the owners of interest in Applicant and the percentage interest 25 of each, and the nature of such ownership, whether stock, partnership, profit sharing, or otherwise. If Applicant 26 is a corporation, such statement also contains the names of the officers and directors and stockholders of Appli- 27 cant. Such statement also contains the names of all employees who are actively engaged in the conduct of the 28 agency business as franchised sub-agents, or who are applying for franchises as sub-agents. 29 Applicant agrees that SAG will be notified by Applicant of any change in the identity of the persons who 30 are owners, officers, directors, partners or managers of Applicant, in writing, within (10) days after any such 31 change occurs and Applicant has knowledge thereof. 32 19. No person may succeed to ownership in Applicant who has been denied an agent’s or sub-agent’s 33 franchise by SAG or whose agent’s or sub-agent’s franchise has been revoked or suspended. No person may suc- 34 ceed to ownership in Applicant without filing a new application and securing consent of SAG. Refusal to give 35 such consent may be arbitrated, and may not be withheld if the proposed new owner is a franchised agent 36 or the owner of a franchised agent. If SAG claims that a person who is not qualified has become an owner 37 (as for instance where the transfer is involuntary by operation of law and the new owner is not qualified or 38 refuses to file a new application and secure consent of SAG) then SAG may submit the matter to arbitration, 39 and the arbitration tribunal may order the said new owner to comply with the Regulations, if compliance is 40 possible, or to divest himself of such ownership within the time and upon the terms and conditions specified 41 in the award. Failure to comply with such award shall cancel such ownership interest in such agent. The arbitra- 42 tion tribunal may reserve continuing jurisdiction. 43 20. Applicant hereby represents that all statements and information attached to the application for agency 44 franchise heretofore filed by Applicant under Rule 16(g) required by paragraphs 7, 9 and 18 of said application, 45 as supplemented by written notice to SAG as required by Rule 16(g), are true and correct as of the date of the 46 filing of this application, except as otherwise specifically noted in the statement attached to this application. 47 All said statements and information heretofore filed with SAG are, by this reference, made a part of this applica- 48 tion as though herein set forth at length, except as otherwise specifically noted in the above referred to state- 49 ment attached to this application. 50

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YOUR PARTICULAR ATTENTION IS CALLED TO ARTICLE VII OF THE BASIC CONTRACT WHICH PROVIDES 1 THAT ANY MODIFICATION OR AMENDMENT TO THE BASIC CONTRACT AND RULE 16(g) MADE PURSUANT 2 TO AGREEMENT BETWEEN SCREEN ACTORS GUILD, INC. AND AGENTS’ ORGANIZATIONS SHALL BE BINDING 3 ON ALL FRANCHISED AGENTS EXCEPT THOSE WHO GIVE NOTICE OF THEIR REFUSAL TO CONSENT 4 THERETO; PROVIDED, HOWEVER, THAT ANY AGREEMENT BETWEEN SCREEN ACTORS GUILD, INC. AND 5 AGENTS’ ORGANIZATIONS FOR AN EXTENTSION OF THE FIXED TERM OF RULE 16(g) AS SET FORTH IN ARTICLE 6 XI OF THE BASIC CONTRACT SHALL BIND ALL FRANCHISED AGENTS. 7

(Note to Applicant: If the information and statements heretofore filed with SAG required by Paragraphs 8 7,9 and 18 of Applicant’s application for agency franchise under Rule 16(g) are in all respects true and correct 9 as of the date of the filing of this application, Applicant need not attach the information required by Paragraphs 10 7,9 and 18 of this application. If any changes have occurred with respect to said information or it is not other- 11 wise correct as of the present date, Applicant should attach hereto a statement setting forth the correct information.) 12

13 I declare under penalty of perjury that the above is true and correct. 14 . 15 Executed on this_______________day of ___________, 20_________, ___________________________________ 16

(City) 17 __________________________________, _________________________________ 18

(Country) (State) 19 20 21 22 23

_____________________________________________ _________________________________ 24 Applicant Social Security Number 25

_____________________________________________ _________________________________ 26 Applicant Social Security Number 27

_____________________________________________ _________________________________ 28 Applicant Social Security Number 29

_____________________________________________ _________________________________ 30 Applicant Social Security Number 31

_____________________________________________ _________________________________ 32 Applicant Social Security Number 33

34

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39

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4950

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Exhibit “A-2”

SAG-AFTRA

APPLICATION FOR AGENT’S FRANCHISE

UNDER RULE 12-C

FOR AGENTS WHO HAVE NEVER BEEN FRANCHISED BY AFTRA

The undersigned, and each of them, hereby apply to the AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, hereinafter

called “AFTRA” for an Agent’s franchise, for and on behalf of:

(Name of agency)

As Applicant.

For convenience the undersigned and Applicant may be hereinafter collectively referred to as “Applicant”.

1. Applicant proposes to conduct the agency business at the following offices, having the following address or addresses.

___________________________________________________________

___________________________________________________________

___________________________________________________________

Phone Number

Offices not listed herein shall not be deemed offices of applicant until notice in writing to AFTRA of the opening of new offices.

Applicant agrees promptly to notify AFTRA in writing of any change of address or phone number.

2. Applicant has read the AFTRA Regulations Governing Agents, as modified by the Memorandum of Agreement for Rule 12-C

hereinafter referred to as the “Regulations”. The said Regulations are incorporated herein by this reference as though set forth in

this application, and Applicant agrees to be bound thereby and conform thereto. Applicant has examined the form of Agent’s

franchise that AFTRA proposes to issue and is familiar therewith and agrees that the Agent’s franchise in such form is the one, which

AFTRA may issue pursuant to this application.

3. Applicant agrees that all statements, agreements and representations made in this application are made for the express benefit of

AFTRA and it’s members, both present and future. Applicant further agrees that this application and the franchise issued pursuant

hereto, if one is issued, and the provisions of AFTRA’s Rule 12-C, shall constitute a contract between Applicant and AFTRA.

4. All statements attached are a part hereof. Applicant has attached hereto a copy of their state license, where applicable, evidence of

an office bank account and client trust account, a written statement detailing the ownership structure of the agency (with the home

address and telephone number of each owner), two letters of recommendation from persons employed in the entertainment

industry for each owner and a statement setting forth a summary of the experience of each of the undersigned in business and in

the entertainment industry, as well as such other facts upon which the undersigned relies in showing his/her qualifications for an

agent’s franchise.

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5. Applicant shall attach hereto a statement giving the names of all members of AFTRA with whom Applicant has agency contracts,

giving the date of execution and term of each contract, including extended terms, if any. Applicant shall attach hereto true and

correct copies of all agency contracts between Applicant and any member.

6. If any person with whom Applicant has contracts for the splitting of commissions received from members of AFTRA in the fields

within the scope of these Regulations, is a person who is engaged in any of the activities prohibited under Appendix A of the

Regulations, Applicant agrees to furnish AFTRA with a copy of the contract between Applicant and any such person, which copy is

attached hereto.

7. Applicant states that:

a. No person, firm or corporation engaged in any of the activities described in Appendix A of the Regulations, or affiliate thereof,

has any interest in Applicant’s business, either directly or indirectly, whether as an owner or otherwise.

b. No person, firm or corporation who is engaged in the said activities, or affiliate thereof, has any right to share in the profits of

Applicant’s business, directly or indirectly, or hold any indebtedness from Applicant to such person, firm or corporation or

affiliate thereof.

c. Applicant and Applicant’s affiliates are not engaged in any of activities described in Appendix A.

If any of the foregoing statements are not correct, the incorrect statement or statements should be stricken out and a detailed

statement attached to this application setting forth the facts, which caused Applicant to strike out the incorrect statement or

statements.

8. Applicant has never been convicted of a crime, involving embezzlement, theft, fraud, forgery or dishonest conduct. If the foregoing

is incorrect, Applicant shall strike it out and attach to this application a statement giving all of the details with reference to any such

conviction.

9. Each person, firm or corporation, and all of them, agree to be individually bound jointly and severally hereunder. Each person who is

now or may hereafter be an owner of Applicant (as that term is used in subdivision J of Section VIII of Rule 12-C) shall be jointly

and severally liable on all contracts between Applicant and any member of AFTRA, where any obligation under any such contract

was incurred to such member while such person was an owner of Applicant.

10. Each person executing this application where such application is made on behalf of a partnership or corporation, and each sub-

agent who has filled an application as provided in Exhibit “D” of the Regulations, states that s/he has no existing contract to act as

Agent with artists, or, if such person has any such contracts, then such person states that s/he now holds, or is applying as an

individual, for an Agent’s franchise from AFTRA.

11. Applicant recognizes that in industries as complicated as those within AFTRA’s jurisdiction, waivers may be necessary from time to

time with reference to the Regulations and this application, and Applicant agrees that AFTRA may grant such waivers, if permitted

by the Regulations, without affecting the Applicant’s obligations hereunder.

12. Applicant agrees to conform to the Regulations and does hereby consent to the modification of all existing contracts with reference

to industries within the scope of these Regulations between Applicant and present or future members of AFTRA in the manner and

to extent set forth in the Regulations.

13. This application shall be of no effect unless AFTRA issues a franchise pursuant hereto. Any initial franchise granted to a new agent

shall be a temporary one-year franchise. At the end of such one-year period, the agent will be granted a franchise unless the

AFTRA National Office notifies the agent in writing prior to the conclusion of the initial one-year period that the franchise is being

denied or that the temporary franchise is being extended.

14. Notice to the party in whose name the franchise is issued shall be notice to all parties who join herein.

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15. Applicant attaches hereto a statement setting forth the names of all its subagents (required to sign Exhibit “D” of the Regulations)

who are actively engaged in the agency within the scope of these Regulations. No active member of AFTRA will be issued a

franchise with AFTRA as an agent or sub-agent without first placing their membership with AFTRA on Honorary Withdrawal status.

No franchised agent or sub-agent shall accept employment as an artist in the jurisdiction of AFTRA.

16. Applicant agrees that all his/her present subagents within the scope of these Regulations, in the nature of negotiations, procuring

employment, advising artists, or the like, have endorsed the acceptance by filing and executing Exhibit “D” of the Regulations and

which are attached hereto. Applicant further agrees that at the time applicant employs new sub-agents, Applicant will promptly file

with AFTRA a duplicate original of such application executed by such new sub-agent(s).

17. Applicant attaches hereto a statement setting forth a full description of the legal and factual organization Applicant. Named in said

statement are the owners of interests in Applicant and the percentage of interest of each, and the nature of such ownership,

whether stock, partnership, or otherwise. Applicant agrees to notify AFTRA promptly upon the occurrence of any change. AFTRA

may request any applicant or any franchise agent to submit from time to time a complete description of the legal and factual

organization of such applicant or franchised agent, listing all persons owning an interest therein, the interest owned by each, and all

partners, officers and directors, and the applicant or agent shall promptly comply with such request.

18. Applicant agrees that AFTRA will be notified by applicant of any change in the identity of the persons who are owners, officer,

directors, or partners or managers of Applicant, in writing, within twenty (20) days after any such change occurs and Applicant has

knowledge thereof (or sooner if required under Appendix A).

19. Applicant has never applied for or held a franchise from AFRA or AFTRA under Rule 12,12-A or 12-B, nor been disciplined under

Rules 12,12-A or 12-B. The Applicant’s franchise, if any, from the following organizations has never been suspended or revoked:

Actors Equity Association, Screen Actors Guild, Inc., American Guild of Variety Artists, American Guild of Musical Artists, Inc. If any of

the foregoing sentences are incorrect, Applicant shall strike out the incorrect sentence and attach to this application a statement

giving the details as to such stricken sentence. The Applicant shall furnish AFTRA with further details, if it requests the same.

20. Applicant specifically consents to Sections XXIX of Rule 12-C, including the designation of ATA.

21. Agent agrees specifically that agent has read and accepts the Duty to AFTRA as outlined in Exhibit I attached to the regulations.

22. Applicant is not interested in any package show as that term is defined in Section VI Rule 12-C. If the preceding sentence is

incorrect, the Applicant shall strike it out and attach to this application a statement listing any package show in which Applicant is

interested as of the date of this application. AFTRA shall be furnished, if it requests the same, with the name of any package show

in which Applicant may become interested after the filing of this application.

Please check current applicable union affiliation:

____________ Legacy SAG __________ ACTORS EQUITY ____________ AFM

Dated at _____________________ this ____________ day of ____________, 20 __________.

(City/Location)

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I declare under penalty of perjury that the above is true and correct.

OWNERS/APPLICANT

(As defined in Section X-J of Regulations)

Signature of Applicant Social Security Number

Signature of Applicant Social Security Number

Signature of Applicant Social Security Number

Signature of Applicant Social Security Number

A corporation must submit a copy of their Certificate of Incorporation (or proof of filing for a Certificate of Incorporation). Please affix

the Certificate of Incorporation to the back of this application.

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SUPPLEMENTAL APPLICATION

To All Applicants Applying for SAG-AFTRA Franchises:

All applicants for franchise agree that their initial franchises shall be temporary and conditional for a period of no less than twelve (12) months, subject to a review for permanency thereafter.

All applicants for franchise are required to accept the following terms and conditions in order for SAG-AFTRA to complete the application process:

1. No contract for representation in any area where SAG-AFTRA has exercised jurisdiction may specify a higher rate of commission than ten percent (10%). Said limitation of commission may not be avoided or evaded by any device or arrangement for the payment to the agent of additional compensation for other services including, but not limited to: publicity, photography, business management, personal management, coaching, schools/courses, workshops/seminars, casting, talent directories/websites, resumes, on or off-camera audition materials, demo reels, or similar materials in which the agent has a direct (or indirect) interest. Non-conforming agency contracts which have not been approved by SAG-AFTRA shall be considered null and void, and a violation of SAG-AFTRA franchise terms.

2. Under no circumstances will you require, recommend, suggest or name any third party businesses (e.g., photographers, websites, classes, workshops, etc.) for use by current or prospective clients. The acceptance of “kickbacks" or referral fees on photography, printing and/or any other services from any third party business is expressly prohibited. You agree that you will not advise, recommend, require or make it mandatory that your current or prospective clients attend specific acting schools, workshops/ seminars, or in any way make attending such endeavors a precondition for representation.

3. Casting on any basis is prohibited.

4. The agent shall ascertain whether an employer with whom he or she negotiates on behalf of a member is signatory to the applicable Union collective bargaining agreement. Telephone verification from SAG-AFTRA will satisfy the foregoing requirement.

5. All books and papers relating to the financial records of the agency shall be made available for inspection to SAG-AFTRA upon reasonable request to do so.

6. You have an obligation to maintain a current talent agency license (or applicable business operating permit) at all times and to maintain a permanent office in a

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2

commercially-zoned office space, which is separate and apart from any residential establishment. All talent agency offices are subject to inspection and approval by SAG-AFTRA prior to franchise.

7. Applicant will furnish SAG-AFTRA with verification by its financial institution of at least two necessary bank accounts: (1) a non-interest bearing trust/escrow account and (2) a standard business operating account. It is the applicant’s responsibility to ensure SAG-AFTRA’s requirements in this regard are satisfied by their financial/banking institution.

8. Applicant understands that as part of the franchise approval process, SAG-AFTRA reserves the right to conduct standard background checks on any and all owner-applicants and/or their employees/independent contractors to ensure they have not been previously convicted of crimes including, but not limited to, embezzlement, theft, fraud, forgery or dishonest conduct. Applicants agree to voluntarily disclose all such convictions to SAG-AFTRA as part of the initial application process; failure to do so may affect applicant’s ultimate approval.

9. Applicant understands that it must conduct itself at all times with due regard to public conventions and morals, and must refrain from any behavior that contravenes SAG-AFTRA’s high fiduciary standards. Accordingly, Applicant (inclusive of its employees, officers, directors, independent contractors, associated parties and affiliates) shall not: (i) commit any act or do anything which might reasonably be considered to be immoral, deceptive, scandalous or obscene which may shock or insult public morals or decency (ii) be charged or convicted of any acts which may be considered immoral, deceptive, scandalous or obscene. Applicant shall immediately notify SAG-AFTRA of any such incidences as part of its application process and acknowledges that SAG-AFTRA may exercise its discretion when determining whether Applicant’s conduct disqualifies it from affiliation as a franchised agency.

10. The entirety of the SAG-AFTRA Agency Regulations are incorporated herein, by reference.

By your acceptance of the above, you concurrently undertake that said document becomes a part of the franchise application and a condition of the franchise when and if issued by SAG-AFTRA. This supplemental application covers SAG, AFTRA, and SAG-AFTRA-covered employment opportunities. Any violation of the above-referenced provisions may lead to the deemed surrender of the agency’s franchise.

Kindly indicate your acceptance by signing and returning this Supplemental Application with your franchise application.

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The above letter and enclosures have been received and contents acknowledged and agreed to this day of ____________________.

By: _____________________________________________________________

Name of Agency: _______________________________________________________________

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Type of Representation

SAG-AFTRA periodically publishes a list of its currently franchised agents.

Along with the name, address and telephone number of the agency, we indicate the type(s) of representation offered by

your agency. (Example: if an actor is looking for representation solely for commercials, (s)he will only contact agencies

that work in this area.

For this purpose, please check the categories below which apply to your agency, for Rule 16(g) covered work only:

ADULTS YOUNG PERFORMERS

TELEVISION & THEATRICAL

COMMERCIALS

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SAG-AFTRA periodically publishes a list of currently franchised agents. Along with the name, address, and telephone number of the agency, we indicate the type of representation offered by the agency.

Please select the categories below which apply to your agency for 12-C covered work only:

This agency provides representation in the following areas:

All____ Corporate Educational____ Non-Broadcast/ Industrials____

On Camera Only____ Daytime Drama____ Promotional Announcements____

Voice Over Only____ Documentaries____ Radio Commercials____

Billboards_____ Hosting____ Radio Programs____

Broadcast/ News____ Infomercials____ Sound Recordings ____

CD-ROM/ Interactive____ Interstitials____ TV Programs____

Commercials____ New Media____

This agency represents the following talent; which includes those who have self-identified as the following:

All____ Dancers____ Performers with Disabilities____

Actors____ Foreign/ International____ Puppeteers____

Animation____ Latino/ Hispanic____ Seniors____

Asian/ Pacific Islander/ South Asian____

LGBT____ Spanish Language____

Black/ African American____ Middle Eastern/ North African____ Stunt Performers____

Broadcasters____ Models____

Children____ Musical Artists____

Comedians____ Native American____

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Dear Agent, Please find enclosed applications for Sub-Agents Franchises under Rule 12-C and Rule 16(g). Please complete these forms and send them back to the SAG-AFTRA Professional Representatives Department at one the following addresses:

SAG-AFTRA Professional Representatives Dept. 5757 Wilshire Blvd, 7th Floor Los Angeles, CA 90036 P:(323) 549-6745 F:(323) 549-6746 [email protected]

Include a resume, listing business experience for the last five years, and a Social Security number. (Please call our office to verify if there is already a resume on file). If you have any questions, please contact our offices at the numbers above. Thank you. SAG-AFTRA Professional Representatives Department

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APPLICATION FOR SCREEN ACTORS GUILD, INC. 1

SUB-AGENTS FRANCHISE 2 3

The undersigned hereby applies for a franchise to act as a sub-agent for the agent named below, as hereafter 4 set forth: 5 For convenience the undersigned may be hereinafter referred to as “Applicant”, and the Screen Actors Guild, 6 Inc. may be referred to as “SAG”. 7 Applicant states and represents that the following are true and correct: 8

1. Applicant proposes to act as a sub-agent for________________________________________________ 9 an agent holding as Agent’s Franchise from SAG, or an applicant therefor. 10

2. Applicant has read Rule 16(g) of SAG, which may hereinafter be referred to as the “Regulations”. The 11 said Regulations are incorporated herein by this reference as though set forth in this application, and Applicant 12 agrees to be bound thereby and conform thereto. Applicant has examined the form of Sub-Agent’s Franchise 13 which SAG proposes to issue and is familiar therewith and agrees that the Sub-Agent’s Franchise in such form 14 is the one which SAG may issue pursuant to this application. 15

3. Applicant agrees that all statements, agreements and representations made in this application are made 16 for the express benefit of SAG and of its members, both present and future. Applicant further agrees that this 17 application and the franchise issued pursuant hereto, if one be issued, shall constitute a contract between Applicant 18 and SAG. 19

4. Applicant attaches hereto a statement as a part hereof summarizing his previous business experience. 20 5. Applicant is not engaged in the production or distribution of motion pictures except as permitted by 21

Sections V and XVI of the Regulations. 22 6. Applicant has never been convicted of a crime involving embezzlement, theft, fraud, forgery or dishonest 23

conduct. If the foregoing is incorrect, Applicant shall strike it out and attach to this application a statement, 24 as part hereof, giving all of the details with reference to any such conviction. 25

7. Has Applicant ever had an agency license revoked, suspended, or denied? ________________ 26 8. Has any franchise been revoked, suspended or denied by AFTRA, AGVA, Equity, of AFM? ____________ 27

28 29 I declare under penalty of perjury that the above is true and correct. 30 31 Executed on this __________ day of ______________, 20________, __________________________________ 32 (City) 33 ______________________________________________, ___________________________________________ 34 (County) (State) 35 36 37 _____________________________________________________ ____________________________________ 38 Print Applicant Name Social Security Number 39 40 41 The undersigned franchised Talent Agent or applicant for a Talent Agent’s franchise joins in the foregoing 42 application as of the above date and certifies that the applicant for a sub-agent’s franchise is a bona fide employee 43 of the undersigned. 44 45

46

47

______________________________________ ______________________________________ 48

Applicant Signature Owner Signature 49

50

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EXHIBIT “D”

Application for a Sub-Agent Franchise under Rule 12C

The undersigned hereby applies for an AFTRA Sub-Agent Franchise to act as a sub-agent for the agent named below, as

hereinafter set forth:

For convenience the undersigned may be hereinafter referred to as “Applicant”, and the American Federation of Television and

Radio Artists may be referred to as “AFTRA”.

Applicant states and represents that the following are true and correct:

1. Applicant proposes to act as a sub-agent for ___________________________, an agent holding an Agent’s Franchise from AFTRA, or

an applicant therefor.

2. Applicant has read the AFTRA Regulations Governing Agents, as modified by the Memorandum of Agreement for Rule 12-C,

which may hereinafter be referred to as the “Regulations”. The said Regulations are incorporated herein by this reference as

though set forth in this application, and Applicant agrees to be bound thereby and conform thereto. Applicant has examined

the form of the sub-agents franchise, which AFTRA proposes to issue, and is familiar therewith and agrees that the sub-

agent’s franchise in such form is the one which AFTRA may issue pursuant to this application.

3. Applicant agrees that all statements, agreements and representation made in this application are made for the express benefit

of AFTRA and of its members, both present and future. Applicant further agrees that this application and the franchise issued

pursuant hereto, if one be issued, shall constitute a contract Applicant and AFTRA.

4. Applicant attaches hereto a statement as part hereof summarizing his/her previous business experience.

5. Applicant is not engaged in the production or distribution of motion pictures except as permitted by Sections V and XVI of

the Regulations.

6. Applicant has never been convicted of a crime involving embezzlement, theft, fraud, forgery or dishonest conduct. If the

foregoing is incorrect, Applicant shall strike it out and attach to this application a statement, as part hereof, giving all of the

details with reference to any conviction.

7. Has Applicant ever had an agency license revoked, suspended or denied? _____________

8. Has any franchise been revoked, suspended or denied by SAG, AGVA, Equity or AFM? ____

I declare under penalty of perjury that the above is true and correct.

Executed on this _________ day of ____________ 20 ______________.

________________________ _________________________________________

(city) (State)

_____________________________________________

Applicant (Print Name) Applicant Social Security Number

____________________________________________

Applicant Signature Agent’s email address (for confirmation)

The undersigned franchised talent agent or applicant for a talent agent’s franchise joins in the foregoing application as of the

above date and certifies that the applicant for a sub-agent’s franchise is a bona fide employee of the undersigned.

______________________________________

TALENT AGENCY OWNER SIGNATURE DATED