SAG-AFTRA has recently finalized both the 2021 Influencer-Produced Sponsored Content Agreement (“The Influencer Agreement”) and the 2021 Waiver for Influencer-Produced Sponsored Content (“The 2021 Influencer Waiver”).
Under the Influencer Waiver associated with the Commercials Agreement:
- The advertiser or agency must be signatory to the Commercials Agreement.
- The influencer and/or their agent must be notified that the work is being produced under the waiver, but SAG-AFTRA notice and approval are not required.
- Content cannot contain stunts, dangerous conditions, nudity or sexually explicit content.
- The waiver is currently set to expire March 31, 2022, unless otherwise extended.
Pension & Health (P&H)
Compensation can be freely bargained. The producer(s) must make P&H contributions equal to 19%, or 18.5% for JPC authorizers, of all gross compensation for covered services. For the purpose of calculating the P&H contribution amount, the standard minimum allocation of gross compensation for covered services is 20%.
Under the stand-alone Influencer Agreement, the influencer must:
- Sign the agreement as a corporation or LLC.*
- Produce the content themselves without any involvement from a third-party production operation.
- Own the final content.
- Have a direct contractual relationship with the brand.
- Only display the content on their social media feeds, YouTube channels and websites. Similarly, the advertiser may only post the content on their social media feeds, YouTube channels and websites.
*Please check with SAG-AFTRA for acceptable business entity details.
Pension & Health (P&H)
Compensation can be freely bargained. The influencer’s business entity must make P&H contributions of 19% on the influencer’s compensation for covered services, (i.e. the influencer acting as a performer rather than acting as a writer, editor, etc.) with contributions being made on a minimum of 20% of their compensation.
Maximum Period of Use (MPU)
The MPU for both the agreement and the waiver will be 1 year unless otherwise negotiated. (In the case of the waiver, this is in accordance with Section 30.D. of the Commercials Contract.) The influencer-produced content can remain on social media accounts after this period as long as it is not actively promoted or relevant to any current campaign, and the influencer has not requested its removal.
Please read the full agreement and waiver below for the complete details. They can also be found on our Forms page under Talent Forms.
SAG-AFTRA Influencer Agreement Fact Sheet
Disclaimer: The information presented in this post is provided for informational purposes only and shall not be considered legal or tax advice. Please consult with your legal or tax advisor for specific legal or tax advice.