Hiring actors on an indie film is one of the most legally sensitive parts of production — and it’s the area where most first-time filmmakers make mistakes. This Non-Union Performer Agreement is designed to protect your production from credit disputes, usage claims, compensation misunderstandings, and post-production headaches that can derail a festival run or distribution delivery.
Unlike generic online templates, this agreement is tailored for independent producers working outside SAG-AFTRA, including micro-budget features, shorts, new-media projects, and social-first digital productions. It covers the entire performer relationship: compensation, exclusivity, scheduling, usage rights, publicity, credit, name and likeness, festival usage, promotional materials, and optional approval or consultation rights.
Because performers often contribute both copyrightable work (their performance) and publicity-sensitive elements (their likeness, voice, persona), this contract includes a comprehensive grant of rights — giving you clear permission to use the performance in all media, worldwide, forever. That’s the language distributors, insurers, and sales agents expect during chain-of-title review.
What Filmmakers Get Wrong About Performer Agreements
After reviewing hundreds of indie deals, these are the issues that consistently break projects:
1. Confusing “non-union” with “no paperwork needed”
Even non-union actors must sign a written agreement transferring the rights in their performance. Without it, the performer owns aspects of the work.
2. Forgetting to secure name and likeness rights
Festival programmers, sales agents, and streamers all require explicit publicity rights.
3. Not covering festival and promotional usage
Many performers don’t expect their face appearing in BTS footage, marketing, or social media unless it’s spelled out.
4. Not defining exclusivity or scheduling obligations
Even on micro-budget films, conflicts arise when actors take overlapping jobs.
5. Using templates that skip warranties & indemnities
Distributors will reject your delivery if these clauses are missing.
6. Not addressing loan-out companies
If your performer works through a loan-out, the contract must be signed by both the individual and the company — otherwise the grant of rights is incomplete.
Why This Agreement Solves Those Problems
This template adapts to your project and includes:
- A complete worldwide grant of rights
- Name/likeness permissions
- Optional nudity/intimacy language
- Festival and promotional usage rights
- Compensation options (flat fee, deferred, backend)
- Proper loan-out company signature language
- Schedule, exclusivity, and call-time terms
- Warranties, indemnities, and confidentiality
- Clear credit obligations
It gives you a clean chain of title and a professional, legally compatible contract for distributors, insurers, and festival submissions.
Want to Learn More?
👉 Don’t Just Get a Release Form – Protect Your Film with a Real Performer Agreement
FAQ
A Non-Union Performer Agreement is a contract between an independent producer and an actor working outside SAG-AFTRA or other unions. It defines the performer’s services, compensation, credit, and rights.
Yes. Stock agreements only cover union performers. Any additional non-union talent should still be contracted to ensure clear rights and obligations.
Yes. It secures usage rights and confirms that the producer owns the performance for all media, while the performer retains no independent distribution rights.
Absolutely. The agreement includes flexible compensation terms like deferments, credit-only, or backend pay to match micro-budget production realities.
