Common use of Terms Incorporated Clause in Contracts

Terms Incorporated. Except as expressly provided in this Agreement, the minimum terms and conditions of this Agreement shall be deemed incorporated into all individual contracts of employment. Every contract (whether written or oral) between Employer and any Performer shall be deemed to contain the following: “Notwithstanding any provision in this contract to the contrary, it is specifically understood and agreed by all parties hereto that they are bound by all the terms and provisions of the 2024 SAG-AFTRA Independent Interactive Media Agreement (the “SAG-AFTRA Agreement”) including the provisions governing the SAG-AFTRA Health and Retirement Funds. In the event of any inconsistency between this contract and the Agreement or the valid rules and regulations enacted by SAG-AFTRA, the Agreement and the rules and regulations of SAG-AFTRA shall prevail; but nothing in this provision shall affect any terms, compensation or conditions in this contract which are more favorable to Performers than those in this Agreement. If the term of this contract extends beyond expiration of the Agreement, this contract shall be deemed modified to conform to any successor Agreement. Nothing in this contract shall prevent the Performer from engaging in any strike or obeying any of the lawful rules and regulations of SAG-AFTRA without penalty by way of damage or otherwise, subject to mutual cancellation or termination of this contract without penalty on either side. All disputes and controversies of every kind and nature arising out of or in connection with this contract shall be determined by arbitration in accordance with the SAG-AFTRA Agreement.”