Common use of Individual Disputes Between Performer and Producer Clause in Contracts

Individual Disputes Between Performer and Producer. Only the following disputes are arbitrable: a. As to a performer receiving compensation up to and including $50,000 per week or per episode, any dispute arising under this Agreement relating to the performer and any dispute arising under the performer’s individual employment contract concerning the payment of compensation at scale or overscale; b. As to all performers not included in (i), above, and except as provided in subsection (iii), only disputes arising under the applicable terms of this Agreement. Except as provided in subsection (iii) any other disputes arising under the performer’s individual employment contract, including claims for compensation, are not arbitrable; c. When the Producer claims to have terminated or seeks termination of the performer’s employment contract: (i) if the total amount of money claimed by the performer does not exceed $250,000, the entire dispute shall be arbitrable; (ii) if the total amount of money claimed by the performer exceeds $250,000, the dispute is not arbitrable. d. When the performer claims to have terminated or seeks termination of their employment contract, the dispute is not arbitrable. e. As to subsection (i) or (ii), if the amount in controversy on a per performer, per project, per dispute basis is more than $250,000, the dispute is not arbitrable. f. Any performer whose dispute involves an amount in controversy which exceeds the monetary limits set forth herein may waive his/her claim to the amounts exceeding the limitations to make the claim subject to arbitration. If the performer does waive the excess amount, arbitration shall be the exclusive remedy for the claim and the performer waives the right to commence court proceedings. No performer shall be permitted to split a claim in order to come within the foregoing arbitration limits

Appears in 7 contracts

Samples: Sag Aftra 2024 Tiered Budget Independent Interactive Media Agreement, Sag Aftra 2024 Tiered Budget Independent Interactive Media Agreement, Sag Aftra 2024 Tiered Budget Independent Interactive Media Agreement

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Individual Disputes Between Performer and Producer. Only the following disputes are arbitrable: a. As to a performer Performer receiving compensation up to and including $50,000 per week or per episode, any dispute arising under this Agreement relating to the performer Performer and any dispute arising under the performerPerformer’s individual employment contract concerning the payment of compensation at scale or overscale; b. As to all performers Performers not included in (i)subsection a, above, and except as provided in subsection (iii)c, only disputes arising under the applicable terms of this Agreement. Except as provided in subsection (iii) c any other disputes arising under the performerPerformer’s individual employment contract, including claims for compensation, are not arbitrable; c. When the Producer claims to have terminated or seeks termination of the performerPerformer’s employment contract: (i) if the total amount of money claimed by the performer Performer does not exceed $250,000, the entire dispute shall be arbitrable; (ii) if the total amount of money claimed by the performer Performer exceeds $250,000, the dispute is not arbitrable. d. When the performer Performer claims to have terminated or seeks termination of their employment contract, the dispute is not arbitrable. e. As to subsection (i) a or (ii)b, if the amount in controversy on a per performerPerformer, per project, per dispute basis is more than $250,000, the dispute is not arbitrable. f. Any performer Performer whose dispute involves an amount in controversy which exceeds the monetary limits set forth herein may waive his/her claim to the amounts exceeding the limitations to make the claim subject to arbitration. If the performer Performer does waive the excess amount, arbitration shall be the exclusive remedy for the claim and the performer waives the right to commence court proceedings. No performer Performer shall be permitted to split a claim in order to come within the foregoing arbitration limits

Appears in 1 contract

Samples: Digital Voice Replica Development Agreement

Individual Disputes Between Performer and Producer. Only the following disputes are arbitrable: a. As to a performer receiving compensation up to and including $50,000 per week or per episode, any dispute arising under this Agreement relating to the performer and any dispute arising under the performer’s individual employment contract concerning the payment of compensation at scale or overscale;; SAMPLE b. As to all performers not included in (i), above, and except as provided in subsection (iii), only disputes arising under the applicable terms of this Agreement. Except as provided in subsection (iii) any other disputes arising under the performer’s individual employment contract, including claims for compensation, are not arbitrable; c. When the Producer claims to have terminated or seeks termination of the performer’s employment contract: (i) if the total amount of money claimed by the performer does not exceed $250,000, the entire dispute shall be arbitrable; (ii) if the total amount of money claimed by the performer exceeds $250,000, the dispute is not arbitrable. d. When the performer claims to have terminated or seeks termination of their employment contract, the dispute is not arbitrable. e. As to subsection (i) or (ii), if the amount in controversy on a per performer, per project, per dispute basis is more than $250,000, the dispute is not arbitrable. f. Any performer whose dispute involves an amount in controversy which exceeds the monetary limits set forth herein may waive his/her claim to the amounts exceeding the limitations to make the claim subject to arbitration. If the performer does waive the excess amount, arbitration shall be the exclusive remedy for the claim and the performer waives the right to commence court proceedings. No performer shall be permitted to split a claim in order to come within the foregoing arbitration limitslimits With the exception of disputes subject to the expedited procedures described in section 2 of this Exhibit A, the following grievance and arbitration procedures shall apply to arbitrable disputes:

Appears in 1 contract

Samples: Independent Podcast Agreement

Individual Disputes Between Performer and Producer. Only the following disputes are arbitrable: a. As to a performer receiving compensation up to and including $50,000 per week or per episode, any dispute arising under this Agreement relating to the performer and any dispute arising under the performer’s individual employment contract concerning the payment of compensation at scale or overscale;; SAMPLE b. As to all performers not included in (i), above, and except as provided in subsection (iiiii), only disputes arising under the applicable terms of this Agreement. Except as provided in subsection (iii) any other disputes arising under the performer’s individual employment contract, including claims for compensation, are not arbitrable; c. When the Producer claims to have terminated or seeks termination of the performer’s employment contract: (i) if the total amount of money claimed by the performer does not exceed $250,000, the entire dispute shall be arbitrable; (ii) if the total amount of money claimed by the performer exceeds $250,000, the dispute is not arbitrable. d. When the performer claims to have terminated or seeks termination of their employment contract, the dispute is not arbitrable. e. As to subsection (i) or (ii), if the amount in controversy on a per performer, per project, per dispute basis is more than $250,000, the dispute is not arbitrable. f. Any performer whose dispute involves an amount in controversy which exceeds the monetary limits set forth herein may waive his/her claim to the amounts exceeding the limitations to make the claim subject to arbitration. If the performer does waive the excess amount, arbitration shall be the exclusive remedy for the claim and the performer waives the right to commence court proceedings. No performer shall be permitted to split a claim in order to come within the foregoing arbitration limitslimits With the exception of disputes subject to the expedited procedures described in section 2 of this Exhibit A, the following grievance and arbitration procedures shall apply to arbitrable disputes:

Appears in 1 contract

Samples: Independent Podcast Agreement

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Individual Disputes Between Performer and Producer. Only the following disputes are arbitrable: a. As to a performer receiving compensation up to and including $50,000 per week or per episode, any dispute arising under this Agreement relating to the performer and any dispute arising under the performer’s individual employment contract concerning the payment of compensation at scale or overscale; b. As to all performers not included in (i), above, and except as provided in subsection (iii), only disputes arising under the applicable terms of this Agreement. Except as provided in subsection (iii) any other disputes arising under the performer’s individual employment contract, including claims for compensation, are not arbitrable; c. When the Producer claims to have terminated or seeks termination of the performer’s employment contract: (i) if the total amount of money claimed by the performer does not exceed $250,000, the entire dispute shall be arbitrable; (ii) if the total amount of money claimed by the performer exceeds $250,000, the dispute is not arbitrable. d. When the performer claims to have terminated or seeks termination of their employment contract, the dispute is not arbitrable. e. As to subsection (i) or (ii), if the amount in controversy on a per performer, per project, per dispute basis is more than $250,000, the dispute is not arbitrable. f. Any performer whose dispute involves an amount in controversy which exceeds the monetary limits set forth herein may waive his/her claim to the amounts exceeding the limitations to make the claim subject to arbitration. If the performer does waive the excess amount, arbitration shall be the exclusive remedy for the claim and the performer waives the right to commence court proceedings. No performer shall be permitted to split a claim in order to come within the foregoing arbitration limitslimits With the exception of disputes subject to the expedited procedures described in section 2 of this Exhibit A, the following grievance and arbitration procedures shall apply to arbitrable disputes:

Appears in 1 contract

Samples: Independent Podcast Agreement

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