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Force Majeure
Emergency Suspension or Termination
Contracts for Series Regulars on Television Programs
The following contract rules apply during a strike to performers under series contracts (“series regulars”) who work on dramatic programs produced under the WB/UPN Supplement to Exhibit A of the AFTRA Network Code (AFTRA’s Prime Time Terms).
A contract's "force majeure" provision allows one party to terminate a contract in certain extreme circumstances, such as during a strike. AFTRA's collective bargaining agreements with employers contain force majeure provisions, which govern the circumstances under which an employer may legitimately suspend or terminate contracts for performers on AFTRA television programs. The information provided herein is intended to provide general guidance and information to AFTRA members and their representatives. Nothing in this statement is intended to waive or prejudice any position that AFTRA may take or arguments that AFTRA may make in enforcing its collective bargaining agreements against an employer.
In the event that you are notified that an engagement is being suspended or canceled because of the WGA strike, please contact AFTRA immediately, so that we can determine whether the force majeure provision has been properly applied.
POSTPONED PROGRAMS
If a program has been postponed, the producer shall not be required to pay a performer for such postponement provided:
▪ the performer has been given notice of the postponement at least 48 hours prior to the time of the performer’s scheduled call;
▪ the performer is notified within 14 business days from the date of the notice of the postponement of the date to which the performance is to be rescheduled.
In the event that the postponed call conflicts with the performer’s bona fide prior professional commitment, the original call shall be considered a cancelled individual engagement for which the performer shall be paid in accordance with the provisions of the AFTRA Network Television Code. However, in the event that the performer declines to perform on the rescheduled date for reasons other than a bona fide prior professional engagement, the produce shall be relieved of the obligation to pay the performer for the postponed recording.
The performer must notify the producer of their decision not to perform on the rescheduled date or of their bona fide prior professional engagement at the time the performer is notified of the rescheduled performance date.
If a program is postponed more than once, payment must be made to the performer in accordance with the AFTRA Network Code.
CANCELLED PROGRAMS
If the production of a program covered under this Code is interrupted by a strike, any performer on the program (other than a star performer) who is bound to Producer by an exclusive term agreement may accept other work during such strike; provided, however, that such performer shall be and remain subject to immediate recall by the Producer.
In any event, all performers so affected should refer to their personal service agreement in the event more specific language may have been bargained.
AFTRA has not granted any waivers of the foregoing rules.
Should you have any further questions, please call:
David Besbris, L.A. Director of Television Department at 323.634.8116,
David Salvador, N.Y. Asst. Executive Director/Entertainment at 212.863.4302
Joan H. Weise, Asst. National Executive Director at 323.634.8239
