Members
Are you frustrated by company business affairs reps that take too long to draft a long form contract? Do you find terms included in the company's draft of a contract that you didn't negotiate, expect or want? Is your compensation being held up because you are quibbling over contract language? Do the company's standard terms and conditions contain seemingly hidden provisions that impinge upon the writer's rights, such as reserved or separated rights?
Have we got a contract for you!
The WGAW has created a standard writing services contract, now available via download (below)—which can be tailored to reflect the negotiated terms of any writing services contract you negotiate. We encourage you to use it in place of deal memos or those quickly jotted notes you write to confirm the terms just negotiated.
The standard writing services contract is available in two versions—one for directly employed writers and the other for writers employed through loan-outs.
Using this contract can and will make your life easier both at the time the deal is negotiated and in those unfortunate instances when a dispute arises at a later time. We believe this contract can help get writers paid sooner, reduce disputes over contract language and eliminate the inclusion of unexpected and unwelcome provisions that too often are discovered after a contract is signed. Currently, the Guild's standard form contract is for employment on theatrical motion pictures, but other forms will be available in the future.
This contract is not intended to constitute legal advice, but is offered by the Guild as an aid to ensure the timely delivery of contracts and, therefore, timely payment to the writer. The WGA Basic Agreement requires companies to deliver contracts within specific time frames following agreement on major deal points and/or commencement of services (generally within two to three weeks.) In the event the company fails to deliver a contract within the MBA time limits after negotiation of the major deal points, this form contract may be used to confirm the deal with the company, in the same manner as a deal memo is used.
The contract is intended to facilitate the negotiating process between a writer or his/her representative and a company employing that writer. Companies, writers and their representatives may use these forms to memorialize employment agreements before the submission of a "long-form" agreement.
Please note: The WGAW can provide business advice and suggestions, but it cannot provide legal counsel during negotiations. Therefore, please consult your own attorney regarding negotiations of this agreement as well as the legal effect of these documents.
The form contains blanks to be filled in and boxes to be checked, to reflect the individual agreement as negotiated. Please ensure all relevant spaces are filled in. When subject to the MBA, the terms of the MBA supercede any provisions in the form that are less favorable. This form also contains provisions not required in the MBA, but which the WGAW recognizes as either "standard" or important to negotiate in an individual writer's contract. Please contact the WGAW Contracts Department if you have questions.