As negotiations for a new Writers Guild contract reach their final stages, the Talent Agents Association has sent its member agencies a 22-page summary of the “force majeure” provisions in the WGA, SAG-AFTRA and DGA contracts. Force majeure, according to the ATA, “is a provision in a contract that governs the obligations of the parties when an extraordinary event directly prevents one or both parties from performing.”
Each of the guilds deals with force majeure differently, but generally they set the terms under which companies can suspend or terminate contracts, contractual or otherwise.
For example, at the beginning of the 2007-2008 WGA strike, Universal Media Studios cited the force majeure provisions of the Screen Actors Guild contract when informing patrons about several of their shows, including The office And 30 stonesthat they were suspended for five weeks on half pay.
However, Sony Pictures TV told regulars on two of its shows: Rules of engagement And Until death – that they took an unpaid hiatus while they were supposed to remain exclusive to the studio. SAG and AFTRA both objected, arguing that they had breached their contracts.
Meanwhile, the force majeure provision in DGA’s contract states that “no suspension or termination of the director’s services shall be permitted or effected by the employer in terms of any such force majeure clause or provision, unless the entire cast and cinematographer of the Photographers also be suspended or terminated, as the case may be.”
As you can see from the ATA summary of the various guild force majeure regulations (read here), it’s complicated.
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It should be noted that the ATA summary contains a disclaimer. “ATA has produced a summary of the terms, followed by the full contract language. Disclaimer: The summary is not intended as contractual language. The content provided is for informational purposes and is not offered as error-free. The Association of Talent Agents makes no representations or warranties of any kind. ATA encourages you to contact the appropriate guild representatives to assess your specific circumstances.
The WGA’s current contract with the Alliance of Motion Picture and Television Producers expires Monday night at midnight PT. DGA will begin contract talks with the AMPTP on May 10, followed by SAG-AFTRA on June 7.
RELATED: WGA’s epic two-year battle with major talent agencies set stage for showdown with studios over new deal
The WGA had a major feud with the ATA four years ago when the guild let its 43-year franchise expire and when the big three agencies sued over packaging fees and ownership of manufacturing and distribution units.
Source: Deadline
Bernice Bonaparte is an author and entertainment journalist who writes for The Fashion Vibes. With a passion for pop culture and a talent for staying up-to-date on the latest entertainment news, Bernice has become a trusted source for information on the entertainment industry.
