Legal Question in Business Law in California

I've been have two quick questions regarding this SAG contract.

1. The contract reads:

The producer will pay to the Performer, and the Performer agrees to accept weekly (and pro rata for each additional day beyond guarantee) the following salary rate: $2,285.00 + 10% per studio week"

I'VE BEEN ADVISED (not by an attorney) TO CHANGE "STUDIO WEEK" TO "PER EPISODE". This seems odd to me - can you pro rate an episode?

2. Producer guarantees that it will furnish Performer not less than 1 (min. 4 episodes at $2285 + 10% per episode for a total of $9140 + 10%) weeks' employment. He will be paid a weekly fee per episode he APPEARS on.

I'VE BEEN ADVISED (not by an attorney) TO CHANGE "PER EPISODE" TO "WORKS ON".

Thank you!


Asked on 5/06/14, 7:47 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As to #1, a "studio week" is a reasonably clear time period.....whether it's four days or seven I don't know, but presumably those in the business do. However, an "episode" is not a clear time period, and could be less than a week to much longer than a week in duration. I suppose the real question is what method of payment calculation better fits the Performer's needs and demands.

As to #2, the way the question is presented makes no sense......I think the suggested change is to the words "appears on" rather than "per episode."

I suggest that all the parties sit down together and go over all the words and phrases one by one, making sure that the parties understand the contract and, perhaps more important, that the contract language will be understandable (and mean the same thing) when perhaps some day it will be read by a judge.

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Answered on 5/06/14, 12:17 pm


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