You cast the perfect actor. The performance is powerful. The footage is beautiful. But do you actually own it?
If you didn’t use a proper Performer Agreement, the answer might be no.
Whether you’re working with SAG actors or friends doing you a favor, your project isn’t legally protected until the performer signs a contract that locks in their rights, releases, and obligations.
This isn’t just about credit or pay.
It’s about owning their performance – so you can finish your film, submit to festivals, and sell it without legal issues.
What Is a Performer Agreement in Film?
A Performer Agreement (also called an actor agreement or talent contract) is a contract between a filmmaker or production company and a performer. It covers the actor’s role, rights, and responsibilities – and your legal ability to use their work.
A proper performer agreement includes:
- Grant of rights – so you legally own their performance.
- Compensation terms – including deferred or backend pay.
- Credit & promotion – how they’ll be listed and credited.
- ADR & pickups – obligations to return for future recording.
- Nudity & intimacy – clearly defined protections.
- Union status – SAG or non-union clarity.
- Chain of title language – required for distributors and E&O.
According to SAG-AFTRA and the U.S. Copyright Office, performer contracts and proper work-for-hire language are essential to ensure legal rights transfer.
Why a Talent Release Form Isn’t Enough
Talent release forms are usually one-page documents – useful for documentaries, extras, or b-roll. But if your actor is:
- Performing scripted lines
- Central to the film’s story
- Getting paid or deferred compensation
- Appearing in a film you plan to sell or distribute
…then a release form isn’t enough. You need a real Performer Agreement that’s festival- and distributor-ready.
Performer Agreement vs. SAG Contract vs. Talent Release
| TYPE | USE CASE | COVERS |
| Talent Release | Documentary, background, b-roll | Basic Permission to use image |
| SAG-AFTRA Performer Agreement | Union Shoots | Full union protections, pay scale, usage |
| Thoolie’s Performer Agreement | Indie, non-union, low-budget, mid-budget, Theatrical, Short, Studio-Grade | Ownership, credit, pickup rights, deferred comp, E&O-ready |
Learn More about when you’re required to use a SAG agreement through SAGindie’s FAQ guide.
Why Distributors (and E&O Insurance) Demand This
Let’s say your actor signs nothing. You finish the film. Years later, they ask to be removed… or demand compensation. Now what?
You can’t sell or license the film until it’s resolved – and you may owe damages.
That’s why E&O insurers and platforms like Netflix, Hulu, Amazon, and even some film festivals require signed performer agreements before they’ll touch your film.
According to IFTA guidelines, clean chain of title starts with ownership over all performer contributions – and is non-negotiable for sales agents and international buyers.
Why Thoolie’s Performer Agreement is Different
Unlike generic templates, Thoolie’s Performer Agreement is:
- Built by entertainment lawyers
- Designed for non-union and ultra-low-budget productions
- Includes optional SAG clause triggers
- Covers loan-out companies
- Includes nudity, ADR, and COVID language
- Chain-of-title ready for festivals and distributors
Whether your actor is your best friend or your lead talent… you need this in writing.
🎬 Download Thoolie’s Performer Agreement Template →
📚 Related Resources
- Work-for-Hire Agreement →
- Film LLC Operating Agreement →
- Self-Distribution Checklist →
- Freelancer vs. Employee in Filmmaking →
Want More Like This?
Visit the Creator Vault for a lawyer-built resources including clause banks and other indie filmmaker tools.
Because if you’re serious about finishing your film – you need to lock down your rights.
FAQ
Yes. Even if they’re unpaid, you still need to secure rights to their performance in writing.
Not as a replacement for SAG contracts, but it includes optional SAG trigger clauses and is perfect for non-union and hybrid shoots.
You may not own the rights to their performance, which can block distribution, insurance, or future licensing.
