Acting Contract Red Flags: What to Check Before You Sign

The email says “Congratulations!” and then, two lines down, “Please sign and return the attached by end of day.” You open the PDF. It’s eleven pages. Somewhere on page four is a sentence about “all media now known or hereafter devised,” and you have no idea whether that’s normal or a problem.

It’s tempting to just sign. Nobody wants to be the difficult new cast member. But a contract is the one part of the job that keeps working long after the shoot wraps, and the clauses that hurt are usually the ones you skimmed.

The short version: before you sign, find out who you’re signing with and under which union agreement, what rights you’re giving and for how long, exactly how and when you’re paid, what you can’t do while you’re tied up, and whether any clause covers a digital copy of you. Look for blanks and undefined words. Then ask your questions in writing, calmly, before the ink is dry. That’s when changes are easiest.

One thing up front: this is general information to help you read a contract, not legal advice. Your union and an entertainment lawyer can tell you what a clause means for your deal. Where this guide says to check what a clause means for you, that’s who to ask.

Know who you’re signing with, and under which contract

The first red flag isn’t a clause. It’s not knowing which union agreement, if any, the job is under. Entertainment lawyer Michael J. DeBlis III lists this among the top ten mistakes actors make when signing: the contract should state plainly whether it’s a SAG agreement, and on an indie film you should call the union to confirm the producer is actually a signatory.

This matters most if you’re already a member. Actors’ Equity says on its contracts and codes page that it is a violation of Equity rules to work without signing the appropriate Equity contract or code. If you’re unsure whether a job needs one, Equity tells members to contact their nearest Equity office. It also asks members to file a copy of their contract with Equity no later than first rehearsal.

On screen, SAG-AFTRA’s indie arm is blunt about timing. Its SAGindie FAQ answers the member who’s been cast in a non-union film and wants a waiver with “You can’t,” and tells them to ask the producer to sign one of the union’s low budget agreements. A film also can’t be signed to a union agreement after shooting: “You can’t sign retroactively.”

Not in a union yet? Still check that the company’s name matches the one on the contract. Our guide on how to spot an acting scam covers the bigger warning signs, like being asked to pay to work.

Read the grant of rights: media, territory, and how long

The grant of rights says what the producer may do with your performance, name, and image. LegalMatch attorney Travis Peeler’s overview of acting contracts notes that the contract will typically ask for the right to use your name and image for the job, and may also cover other promotional or merchandising uses.

Read that paragraph for three things: which media (film, TV, online, ads), which territory (a country, or the world), and how long. The ABA Journal collected examples of entertainment contracts that reach “throughout the universe, in perpetuity,” including a TV release covering “any and all media now known or hereinafter devised.”

What “in perpetuity” means

It means forever. Paul Schmidt, whose voice-over business is VO Pro, puts it simply: in-perpetuity “essentially translates to ‘forever.’” His piece on in-perpetuity voice deals explains the cost: the client can keep using the recording with no end date and no further payment, and you lose your leverage to negotiate for more.

Perpetuity is common for a finished film, which may be sold and shown for decades; whether it’s acceptable in your deal is a question for your union or lawyer. Look harder when “forever” is paired with uses like an ad campaign, where Schmidt argues a set term is fairer, or with uses that have nothing to do with the project, like a different product’s marketing. For campaign work, Schmidt suggests offering a term that matches the campaign’s life, “maybe two or three years,” with an option to renew at an extra fee.

Check exactly how, how much, and when you’re paid

It’s easy to check the number and skip the rest. Peeler’s overview says the contract should make clear whether you’re paid a flat rate, hourly, per performance, or a percentage of proceeds.

Then read around the number:

• When: does the contract name a payment date, or just say “upon completion”? A vague payment date is something to ask about now.
• How: payroll company, check, or transfer, and whether you’re an employee or paid as a contractor.
• What’s included: is the fee for a set number of days, and what happens if the shoot runs over, or if you’re called back for reshoots or dubbing?
• Deferred pay: “paid from profits” or “deferred” money depends on the project earning it. Know which part of your fee is real money on a real date.

DeBlis also explains pay-or-play language: even if the producer drops you, you still get paid your contract rate. For working out the number itself, see our guide on negotiating pay on non-union jobs.

Find out what you can’t do, and for how long

An exclusivity clause limits other work you can take. Peeler notes it may restrict your right to other employment, and DeBlis warns that these provisions can reach across ads, shows, films, and online projects. In commercial work it can be about competitors: a brand may not want its face or voice selling a rival product.

The red flag is exclusivity that’s vague or open-ended: no product category, no territory, no end date. Ask for all three in writing. DeBlis’s advice is to raise it early, because “exclusivity provisions are usually negotiable if done at the outset.”

Length of commitment is the other half. DeBlis lists not understanding “how long the agreement may tie you up” as its own mistake, pointing to TV test option agreements that can hold an actor for years. Look for option periods, holds, and renewal language, and work out the latest date you could still be bound. Our guide to the test deal covers how TV options work.

Get credit and copies in writing

Peeler notes that most acting contracts specify whether the actor receives credit. If yours says nothing, ask.

• Credit: will you be credited, where (opening titles, end crawl, online listing), and how your name will appear.
• Copies: DeBlis lists free copies of the project among the perks actors can negotiate. A promise of “you’ll get your footage” in a friendly email is not the same as a line in the contract.
• Reel use: ask whether you may use clips in your reel and on your website, and when (some productions ask you to wait for release).

Read any digital replica or AI clause on its own

Newer contracts may cover scanning you or making a digital replica. Treat that as its own decision, separate from the role.

The union form shows what careful consent looks like. The SAG-AFTRA Commercials Contract Digital Replica Rider has separate sections for consent to create a replica, consent to use an existing one, and the permitted uses, with a table for “a reasonably specific description” of each intended use. It also says that, subject to the terms of the Commercials Contract, the performer may refuse consent by modifying and initialing changes, or by declining to sign.

Law firm Davis+Gilbert notes that the 2025 Commercials Contract calls for clear and conspicuous consent. Outside the unions, California, Illinois, and New York have laws requiring informed consent when a replica stands in for work a performer would do in person. In a non-union deal, the red flag is broad AI language with no description of use, and whether your state’s law applies is a question for a lawyer. Ask what they’ll make, what for, and whether it ends with the project.

Watch for blanks, “TBD,” and words nobody defined

Spotlight’s guide to understanding contracts makes a point that’s easy to miss: if a term isn’t defined, “that can be a problem.” A contract that says “reasonable use,” “promotional purposes,” or “additional days as needed” without saying what those mean leaves the meaning to whoever reads it later.

Scan for these before you sign:

• Blank fields: dates, fees, or role names left empty or marked “TBD.”
• Promises from the call or email that don’t appear anywhere in the document.
• References to another document (“per the production’s policies”) that you haven’t been sent.
• Termination rights that only run one way: they can end the deal for any reason, and you can’t.
• A deadline so short you can’t read it, or pressure not to show it to anyone.

If you can’t tell whether a clause is normal, that’s exactly the question for your union or a lawyer. If the offer came as a short deal memo first, our deal memo guide explains how that fits with the full contract.

How to ask for a change without losing the job

Spotlight is clear that you’re allowed to ask for things to be added or removed: “A contract is negotiable until it’s signed.” After that it can be renegotiated, but it takes much more effort. In a separate piece on what actors should consider before signing, DeBlis makes the same point from the lawyer’s side: it’s much easier to change a term before you sign than after.

Keep your request short, specific, and friendly. Name the clause, say what you’d like, and give the reason in one line. For example: “Thanks again, I’m thrilled. Before I sign, could we limit the exclusivity in section 6 to soft drinks in the US for 12 months? And could you add a line that I’ll receive a copy of my footage for my reel?”

Watch how the producer responds. Actor Wyatt Andrew Brownell, in his non-union actor’s guide to contract negotiation, writes that pressure to accept immediately, or threats to pull an offer because you asked, can tell you what kind of company you’d be working for. A reasonable producer may still say no.

When it’s worth paying a lawyer

In that second piece, DeBlis says a lawyer’s fee usually isn’t worth it for a small or background role, but recommends one for a first big studio or network contract with long-term consequences. For a small role, your union or agent is the cheaper first stop, and a trusted, more experienced actor can also help you decide.

A quick red-flag checklist

Before you sign, you should be able to answer every line:

• I know the company’s legal name, and it matches the contract.
• I know which union agreement covers this, or that it’s non-union, and I’ve checked with my union if I’m a member.
• I know which media, which territory, and for how long they can use my work, and why “in perpetuity” is there if it is.
• I know my fee, how it’s paid, and on what date.
• Any exclusivity has a category, a territory, and an end date.
• Credit, copies, and reel use are written down, not just promised.
• Any digital replica language says what will be made and how it will be used.
• Nothing important is blank, “TBD,” or undefined.

Once it’s signed, the real job begins: learning the part. If you’re getting ready for the first rehearsal, our free run lines online tool reads classic scenes aloud in Offbook’s voices and waits for your line, so you can get the rhythm of a scene before you’ve met your castmates.

Questions actors ask

What should I look for first in an acting contract?

Who you’re contracting with and under which union agreement, then the grant of rights (media, territory, term), the pay terms, and any exclusivity.

What are the red flags in an indie film contract?

Unclear union status, pay that is mostly deferred, no payment date, rights that reach far beyond the film, open-ended exclusivity, missing credit or footage terms, broad AI language, and pressure to sign before you’ve read it.

Do I need a written contract for a small job?

Spotlight’s view is that if you’re doing a paid job for any extended period, there should be a contract, not a verbal agreement. Even on a tiny project, an email that sets out the dates, fee, credit, and footage is better than a handshake.

Can I ask to change a contract before signing?

Yes. Ask in writing, name the clause, and keep it short. The producer can say no, but asking politely is a normal part of the business, and it’s far easier before you sign than after.

Can my union help with a contract question?

Unions help members with contract questions. Actors’ Equity tells members to contact their nearest office about whether a contract is required, and Spotlight notes that UK Equity offers free legal support and advice to members. For anything outside the union’s scope, ask an entertainment lawyer.