Performer Agreements: What Every Indie Filmmaker Needs to Know

Why Every Production Needs a Performer Agreement

You've cast your lead actor, scouted your locations, and you're ready to shoot. But before cameras roll, there's one critical document that many indie filmmakers skip — the Performer Agreement.

This isn't just bureaucratic paperwork. It's the legal foundation that protects both you and your talent, ensures you own the footage, and gives you the rights to distribute your film.

What a Performer Agreement Actually Does

A well-drafted Performer Agreement covers several essential areas:

Engagement and Services

The agreement clearly defines what you're hiring the performer to do. This includes the specific role they'll play, the nature of their services, and the expected scope of work.

Compensation

Whether you're paying a flat fee, a daily rate, or deferring payment, the agreement makes it explicit. For low-budget productions, you can include provisions for deferred compensation tied to distribution revenue.

Work Period

The agreement specifies the shoot dates, the production schedule, and what happens if the schedule changes.

Results and Proceeds

This is arguably the most important clause. The agreement establishes that everything the performer creates during the production — their performance, any improvised dialogue, physical portrayals — becomes your property as the producer.

Credit

The agreement specifies how the performer will be credited on screen, in promotional materials, and in distribution agreements.

Union vs. Non-Union: What's the Difference?

If your production is SAG-AFTRA signatory, your performer agreement must comply with the applicable SAG-AFTRA agreement (Theatrical, Low Budget, Modified Low Budget, etc.).

Non-union productions have more flexibility in structuring deals, but you still need a written agreement. Verbal agreements are nearly impossible to enforce and will haunt you at the distribution stage.

Common Mistakes to Avoid

1. No signed agreement before shooting

This is the number one mistake. Once footage is in the can, your leverage to get a signed agreement is essentially zero.

2. Missing the "Results and Proceeds" assignment

Without an explicit assignment of rights, the performer may have claims to the footage they appear in. Always include a clear work-for-hire or assignment clause.

3. Forgetting about digital exploitation

Your agreement should cover streaming, downloads, VOD, and emerging technologies. A vague "all media" clause may not be enough — be specific.

4. No provisions for likeness and publicity

If you want to use the performer's name and image in marketing materials, trailers, and press, your agreement needs explicit publicity rights language.

Getting Started

SetCounsel's Performer Agreement templates are available in both union and non-union versions, covering day players, weekly players, and principal cast. Our guided wizard walks you through the key decisions so you end up with an agreement that fits your production.

Bottom line: A performer agreement isn't optional. It's the document that ensures the film you spent months making is actually yours to sell.