Common use of Agent Compensation Clause in Contracts

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financing, distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 million. The Guild will consult with the Writer and consent will not be unreasonably denied. This Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide feature film financing, distribution, and sales services predates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financing, distribution, or sales services; and e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financing, distribution, or sales services and has secured financing, distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financing, distribution, and sales services. 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer, provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. Guild shall have the right to audit such statements on an annual basis, with the right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financing, distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generally, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financing, distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline; c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 20 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 20 million. The Guild will consult with the Writer and consent will not be unreasonably denied. This Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide feature film financing, distribution, and sales services predates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financing, distribution, or sales services; and e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financing, distribution, or sales services and has secured financing, distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financing, distribution, and sales services. 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer, provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. Guild shall have the right to audit such statements on an annual basis, with the right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financing, distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generally, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financingfinancing , distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline; c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 20 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 20 million. The Guild will consult with the Writer and consent will not be unreasonably denied. This T his Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide p rovide feature film financing, distribution, and sales services predates p redates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financingfinancing , distribution, or sales services; andand Formatted: Normal e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financingfinancing , distribution, or sales services and has secured financingfinancing , distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financingfinancing , distribution, and sales services.. Formatted: Normal 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer., provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. . Writer and Guild shall have the reasonable right to audit such statements on an annual basisstatements, with the Guild’s right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financingfinancing , distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generally, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financing, distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline; c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 million. The Guild will consult with the Writer and consent will not be unreasonably denied. This Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide feature film financing, distribution, and sales services predates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financing, distribution, or sales services; and e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financing, distribution, or sales services and has secured financing, distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financing, distribution, and sales services. 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer, provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. Guild shall have the right to audit such statements on an annual basis, with the right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financing, distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generally, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financing, distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline; c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 2030 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 2030 million. The Guild will consult with the Writer and consent will not be unreasonably denied. This Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide feature film financing, distribution, and sales services predates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financing, distribution, or sales services; and e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financing, distribution, or sales services and has secured financing, distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financing, distribution, and sales services. 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer, provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. Guild shall have the right to audit such statements on an annual basis, with the right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financing, distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generallygenerally or, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.

Agent Compensation. 1. Agent’s commission shall be limited to ten percent (10%) of Writer’s gross compensation, including Writer’s profit participation, provided, however, that Agent shall not be entitled to receive commission on residuals or any other minimum payments to Writers for reuse of a Motion Picture under any applicable CBA (including, but not by way of limitation, supplementary or additional minimum compensation of any kind pursuant to Articles 14.G., 15., 16., 64. of the applicable WGA Theatrical and Television Basic Agreement). 2. Agent shall not circumvent limits on commissions under this Agreement by charging fees for other services, except that Agent shall be permitted to receive compensation for feature film financing, distribution, and sales services, subject to the following limitations: a. In the event Writer retains Agent to perform these services, Agent shall fully disclose the relevant fees in writing prior to incurring them, and Writer may choose whether to proceed with Agent’s performance of services; b. In the event Agent is retained to perform such services by a party other than the Writer, Agent shall fully disclose the relevant fees, in writing to the Writer. Such disclosure shall be made at the earliest possible time. In the event that Agent’s agreement to provide such services predates Writer’s involvement in the project, disclosure shall be made before Writer enters into any contractual commitment for the project; Deadline; c. The services described in this subsection C.2 shall be permitted on films with intended budgets greater than $30 million only with the consent of the Guild; for clarity, Guild’s consent is not required for films with intended budgets of less than $30 million. The Guild will consult with the Writer and consent will not be unreasonably denieddenied or delayed. This Subsection 3.C.2.c. shall not apply where Agent’s agreement to provide feature film financing, distribution, and sales services predates Writer’s involvement in the project; d. In no event shall an offer of employment or purchase of material made to a Writer be contingent on any other party agreeing to retain Agent for feature film financing, distribution, or sales services; and e. On Guild’s request, but no more frequently than on a semi-annual basis, Agent shall provide the Guild with a list of films involving covered Writers on which Agent is performing financing, distribution, or sales services and has secured financing, distribution, or sales. The list shall include the name of the Writer, the intended budget of the film, and the amount of fees received by Agent for performing such film financing, distribution, and sales services. 3. Agent shall provide promptly and no less frequently than quarterly to Writer and to the Guild an itemized statement showing in standardized electronic format (a) all compensation received by or on behalf of Writer; and (b) all commissions (including package fees) received by Agent related to its representation of Writer, provided compensation has been received by or on behalf of Writer or commissions have been received by Agent related to its representation of Writer during the reporting period. a. Guild shall have the right to audit such statements on an annual basis, with the right to audit being subject to the confidentiality requirements in subsection 3.E.2. below. The Guild’s annual audit of such statements shall be limited to 25% of Agent’s Writer clients, which sample shall be determined by the Guild. Where an Agent has provided feature film financing, distribution, and sales services, as described in subsection 2 above, Agent shall provide documentation of the related fees when Writer or Guild audits the Agent’s commissions received by Agent related to its representation of Writer. b. The right to audit shall be limited to the items specified in this subsection 3 and shall not include the Agency’s finances generally, the compensation and commissions of non-Writer clients, or packaging agreements entered into prior to the Effective Date of the Agreement.