A Non-Union Actor's Guide To Contract Negotiation
Tips I've learned in advocating for myself, even without a union or an agent.
I recently wrapped up an acting gig in Pennsylvania playing Jerry Lee Lewis in the Tony Award winning musical Million Dollar Quartet. While getting ready for a performance I was talking shop with a couple of my cast-mates, when one said something I’ve continued to mull over the past couple of weeks.
“Even the non-Equity guys in the MDQ world are basically unionized.”
For those that don’t know, “Equity” refers to Actors Equity, the union for professional stage actors and stage managers in America. Like other unions, their purpose is to help in establishing fair wages and working conditions for its members. I myself am not a member of the union yet. However, those who have performed in Million Dollar Quartet and other actor/musician shows in that vein are almost a collective bargaining unit in themselves. By doing these shows multiple times and communicating with our fellow actors about our pay and the benefits we individually negotiate with theaters, we’ve established a sort of base rate that should be expected for those cast in these productions.
Now there is no “equity-minimum” involved and no larger organization backing us. However, being in this actor/musician space has taught me how to better assess my value and better negotiate my contracts when opportunities present themselves. I’ve realized that my younger self could’ve really used some of the tips I’ve learned the past couple of years. Even if you don’t have a union, or representation, there are certain things you should consider in negotiating your contracts if you get the call every actor dreams of! Some of these essential tips are listed below.
The theater WANTS you! Don’t feel pressured.
When I received my first ever professional offer, I immediately accepted without even thinking. Looking back, my own eagerness to have a job, ANY job, blinded me to any negotiation tactic. I mean… I’d never acted professionally before, I was expendable, if I tried to negotiate anything the theater may rescind their offer, and then I’d be back to nothing…
In a profession as full of rejection as acting, it can be hard to believe that any production thinks you’re the answer to the question “who is best for this role?” But one of the greatest mindset changes I’ve been able to make in my early career is that when a company makes you the offer, it’s because they actively WANT you. The creative team has concluded YOU are the best fit in their show, which means YOU have the leverage to negotiate and fully consider what the company has to offer.
Companies RARELY rescind an offer over a negotiation. If you feel pressured to accept an offer immediately, or a company threatens to rescind an offer over negotiations alone, they may not be the kind of organization you’d want to work with anyways as it can be an indication of how they treat their actors once you’re under contract. In these contract negotiations, the worst thing any company worth their salt should be saying is “no.”
Expect their lowest offer first
Theatre is an industry. And like any other industry in market commerce, theatrical companies are looking to make as much money as possible in any given production. Even if the company wants to offer you a role, they’re likely going to give you the lowest offer possible in terms of payment initially, simply to save a few extra bucks if you accept. But in this free market, you as an actor have the ability to test the market. What this lowest offer gives you, as the negotiating actor, is the range of pay you can shoot for. Let me give you a real life example from a real contract I’ve negotiated.
-Theater A is offering (amongst other benefits) $400 a week in payment for the duration of the contract.
-I, the actor, want to know the higher end of what the theater will be willing to pay. Given my previous experience with the demands of the role offered I believe I should be paid closer to $500 a week. However, I initially ask for $600 a week to see how the theater responds.
-Theater A offers a counter of $500, matching the rate I set for myself. I get the pay I desire, the theater gets their actor. All involved win.
Most companies will be willing to raise your pay if you’re willing to ask. And if they can’t, again, the worst they should say is “no, this is the most we can offer,” putting the ball back in your court.
Ask about benefits (housing, travel, etc.)
Some basic benefits you should expect in your contract, especially if you’re traveling outside your city of residence for a production, is housing near the venue and the theater covering costs of travel (plane tickets, gas reimbursement, etc.). However, each contract is unique, so there are some questions you may need to ask in terms of details.
For example, as someone who values being able to cook meals at home, actor housing having a kitchen is ESSENTIAL. Be willing to ask for and about specifics, the theatre should answer your questions to the best of their abilities.
Also, some contracts require show specific benefits. Back to Actor/Musician world, many actors who play their own instruments in the show will request for a rental/insurance fee in addition to their base salary so they can pay for repairs/a new instrument should it be damaged during the run. I recently had a friend of mine get cast as Buddy Holly in a production of Buddy! The Buddy Holly Story and he proceeded to execute a masterclass in negotiating benefits. His benefits included…
-Housing/Travel costs covered
-Instrument and equipment rental fees.
-One guaranteed performance off every week where his understudy went on.
Needless to say *chef's kiss.*
Get EVERYTHING in writing
No verbal agreement or handshake deal is more valuable than an agreement in writing! Have your terms written down, whether on a physical document or in an email. Thoroughly read your official contract to make sure all your agreed to conditions are met. Occasionally in writing legal agreements a wrong number may slip through the cracks or a benefit may be missed. But theaters will happily fix these mistakes as long as you point them out before signing. When you alone have to vouch for yourself, it’s best to cross your T’s and dot your I’s.
Know your worth!
In conclusion, most of these things I write about are a way to say know you worth! You must always know the value you bring to a production, artistically and financially. And in the world of competitive commerce, you have every right to get every dollar and every benefit you can.
The acting field is a difficult one to make a living in. When you get the opportunity to be in a show, know you’re more than just an expendable actor. You’re a a valuable asset to a production, and a person who needs to put food on the table, a roof over your head, and even on occasion some financial security for the future. Don’t be afraid, friend! Be brave, and be ready when your opportunity arises!