Frequently Referenced Stunt Language & Summaries
Stunt Related Definitions & Stunt Articles
DEFINITIONS:
The Producer agrees that, on all Productions which qualify as Canadian content and on which a non-Canadian Stunt Coordinator is engaged, (subject to Article A6 (Qualification of Performers)) the Producer shall also engage a Canadian Stunt Coordinator as an Associate Stunt Coordinator whose terms and conditions of engagement shall be no less than those specified herein for the category of Stunt Coordinator.
means a Stunt Performer who is engaged to play a Role, which may include up to ten (10) words, and who performs stunt work.
Under the direction of the Producer or its designee, the Stunt Coordinator is responsible for the casting and supervision of Stunt Performers, the coordination of stunts and/or action sequences, and the coordination of Performer action as required. The Stunt Coordinator employed under this Agreement must be a Member of the Union.
means a Performer specially trained and knowledgeable in the performance of stunt work, as the term is generally understood in the industry, relating to a performance which would be considered dangerous if not performed by a Performer with such special training.
means the undertaking of any action by a Performer (other than a Stunt Performer engaged to perform a stunt or stunts) which could be considered dangerous and beyond the Performer’s general experience or the placing of the Performer in a position which would normally be considered hazardous.
means a Background Performer engaged to perform, either alone or as a member of a team or group, special silent businesses with a level of physical proficiency or other physical skills superior to that of the average person, provided that such level of proficiency or other physical skills shall be deemed to exclude stunt work as provided for in Articles A25 and A26. Examples of such special silent businesses are:
(a) water-skiing, diving, skin or scuba diving;
(b) driving a marine vessel or a commercial motor vehicle, or any motor vehicle requiring a chauffeur’s license;
(c) any sport such as, but not limited to, baseball, football, skiing, hockey, soccer, volleyball and horseback riding;
(d) discharging of firearms.
STUNT REHEARSALS
The 4 clauses below constitute all the language in the BCMPA (2021-2024) regarding Stunt Rehearsals (Underscoring & bolding has been added for emphasis of key words & phrases)
Performers may be called for Rehearsals which involve the reading of lines with blocking and other staging movements. Subject to the agreement of the Performers concerned, there may be temporary preservation of Rehearsal performance. Use of such preserved performance is prohibited. Further, the recording shall be destroyed when it has served its assessment function. (See also A2306 Rehearsal.)
Performers shall be compensated for time spent in Rehearsal at the Performer’s contracted hourly rate with a minimum two (2) hour call. [See also A345 (Rehearsal).]
When a Stunt Performer attends a meeting called by the Producer to discuss the feasibility and/or engineering of a stunt, he or she shall be paid a consultation fee at the Performer’s contracted hourly rate for a minimum four (4) hour call. The foregoing fee will not be payable on days when such Stunt Performer is engaged to perform such stunt.
Upon the actual engagement of a Stunt Performer to perform a stunt, the minimum fee shall be the Principal Actor rate plus any additional amount (stunt adjustment) which may be negotiated between the Stunt Performer and the Producer or Stunt Coordinator in relation to the difficulties, danger and other pertinent details regarding the stunt to be performed. This stunt adjustment is not excluded from Net Fees and is therefore residual attracting.
ARTICLE A25 – RISK PERFORMANCE
means the undertaking of any action by a Performer (other than a Stunt Performer engaged to perform a stunt or stunts) which could be considered dangerous and beyond the Performer’s general experience or the placing of the Performer in a position which would normally be considered hazardous.
Performers shall not be required to undertake Risk Performances. Whenever possible, Producers shall engage qualified Stunt Performers to undertake such work.
(a) Where it is not possible to engage a qualified Stunt Performer and other Performers are called upon to undertake a Risk or dangerous Performance they may:
(i) negotiate an additional fee which shall not be less than the fee for a Stunt Performer; or
(ii) refuse to perform the Risk or dangerous Performance but such Performers shall be paid fully for the engagement.
(b) Notwithstanding any agreement to proceed, the parties reserve the right to review the circumstances and require that a stunt fee be paid. If the parties fail to agree, the matter may be referred to the Grievance Procedure.
ARTICLE A26 – STUNT PERFORMANCE
When a Stunt Performer attends a meeting called by the Producer to discuss the feasibility and/or engineering of a stunt, he or she shall be paid a consultation fee at the Performer’s contracted hourly rate for a minimum four (4) hour call. The foregoing fee will not be payable on days when such Stunt Performer is engaged to perform such stunt.
Upon the actual engagement of a Stunt Performer to perform a stunt, the minimum fee shall be the Principal Actor rate plus any additional amount (stunt adjustment) which may be negotiated between the Stunt Performer and the Producer or Stunt Coordinator in relation to the difficulties, danger and other pertinent details regarding the stunt to be performed. This stunt adjustment is not excluded from Net Fees and is therefore residual attracting.
Except as provided for Stunt Actors, the contracted fee in A2602 (Performance and Fee) shall be exclusive of any performance in a residual category provided by a Stunt Performer as a Principal Actor, Actor, Singer, Dancer, etc. If the Stunt Performer, in performing the stunt, is only doubling photographically for another Performer, the contracted fee in A2602 (Performance and Fee) above is applicable. However, if the Stunt Performer, in addition to performing the stunt, also enacts the role of the “character” involved in the stunt (with the above noted exception for a Stunt Actor role), an additional performance fee applicable to the appropriate performance category (e.g., Principal Actor, etc.) shall be paid to the Stunt Performer. Incidental vocalization to enhance the presentation of the stunt performance shall not be counted in determining whether a performer meets the definition of Principal Actor or Actor.
Prior to any stunt performance, a contract will be signed between the Performer and the Producer specifying:|
(a) The precise nature of the stunt to be performed;
(b) The Performer’s agreement to perform the stunt as specified;
(c) The amount of the fee for each performance of the stunt;
(d) The nature of the agreement between the parties concerning indemnity.
The Producer may audition a Stunt Performer in order to establish the suitability of the Stunt Performer for photographic reasons, or reasons relating to an acting performance. However, a Performer so auditioned shall not be required to perform the intended stunt on a trial basis for Audition purposes; nor may such Audition be construed to be a consultation call as outlined in A2601 (Consultation).
The Union will provide a list of Stunt Performers who have worked as Stunt Coordinators. The Producer agrees to consider Stunt Coordinators from this list prior to employing Stunt Coordinators from any other source.
The Stunt Coordinator is responsible, under the direction of the Producer or its designee, for the casting and supervision of Stunt Performers, the coordination of stunts and/or action sequences, and the coordination of Performer action as required.
The creating and engineering of stunts, and the engagement and supervision of Stunt Performers shall be governed by the following:
(a) Actual work involved in accomplishing the stunt, including engineering and planning details, shall be satisfactory to the Stunt Performer, particularly when the Performer has not been retained to coordinate the stunt as well as perform in it.
(b) Double Contracting: Stunt Coordinators who perform on-camera the same day(s) they provide, or are contracted to provide, coordinating services, shall receive no less than the minimum daily fee for a Stunt Coordinator, plus the minimum daily fee for a Stunt Performer, for that day. The Stunt Performer fee(s), including stunt adjustment and overtime, shall be subject to Use Fees and shall be noted on a separate Performer contract. Additional time rates, i.e., overtime, travel, etc., may be paid at the Stunt Performer rate. A Stunt Coordinator shall not perform a stunt unless the performance of such stunt is authorized or approved by the Producer or by an authorized representative of the Producer, before the stunt is performed.
(c) Stunt adjustments must be approved by an authorized representative of the Producer before the stunt is performed.
(d) No Stunt Coordinator may provide services for more than one (1) Producer on the same day without the express written consent of each production, which consent will not be unreasonably withheld. (For example, it is not unreasonable to withhold consent when exclusivity has been contracted for with the Stunt Coordinator.)
(e) It is the responsibility of the Producer or Production staff to communicate any scheduling changes.
(a) No Performer shall be required to work with an animal which a reasonable person would regard as dangerous in the circumstances unless a qualified animal handler or trainer is present on the set or location (see Article A2007 (Use of Animals).
(b) No Performer shall be rigged with any type of explosive charge of any nature whatsoever unless a qualified special effects person is present on the set or location. All Performers rigged with an explosive charge (e.g., squibs) shall be considered undertaking a Risk Performance.
(c) All reasonable requests and requirements for safety equipment shall be complied with by the Producer or the Producer’s representatives on the set or location.
(d) Equipment provided by the Producer, e.g., autos, cycles, wagons, etc., shall be in suitable repair for the safe and proper performance of the stunt. Persons involved in the planning and/or execution of a stunt shall be entitled to inspect any vehicle, mechanical device and/or equipment to be used in a stunt on the day prior to its use, provided it is available. In any event, such persons shall have reasonable time for such inspections. No payment is due for any such inspection.
(e) Stunt Performers shall have the right to negotiate for additional compensation for any stunt work required which is over and above that to which the Producer and Stunt Performers originally agreed.
(f) An emergency medical care person, visually identifiable, shall be present on any set or location where hazardous work is planned. The Producer shall ensure that the person is properly equipped, establish the capabilities of nearby medical facilities and provide transportation and communication with these facilities.
(g) When a Production requires scripted or non-scripted Stunts, a Stunt Coordinator shall be engaged and present on the set where appropriate in accordance with customary industry practice. No Performer without requisite training and/or experience shall be required to perform a Stunt without an opportunity for prior consultation by the Performer with such qualified Stunt Coordinator or such other individual with the requisite experience and/or expertise in the case that a Stunt Coordinator is not required.
(h) Producers shall instruct Stunt Coordinators to notify the Union of scripted Stunts involving non-Stunt Performers, which notice shall include the date, and location, to the extent known.
(i) The Performer’s consent shall be a requisite precondition to performing Stunts or other hazardous activity. This consent shall be limited to the Stunt or activity described to the Performer at the time consent was given. They do not have to agree; the Performer may always request a double.
Where the Producer requires any of the following conditions to occur, a vehicle driver shall qualify as a Stunt Performer:
(a) When any or all wheels leave the driving surface.
(b) When the tire traction is broken, e.g., skids, slides, etc.
(c) Impaired vision – where the driver’s vision is substantially impaired by:
(i) dust;
(ii) spray (when driving through water, mud, etc.);
(iii) blinding lights;
(iv) restrictive covering of the windshield;
(v) smoke; or
(vi) any other condition restricting the driver’s normal vision.
(d) The speed of the vehicle will be greater than normally safe for the conditions of the driving surface, or when other conditions such as obstacles or difficulty of terrain will exist or off-road driving, other than normal low-speed driving for which the vehicle was designed, will occur.
(e) Where any aircraft, fixed-wing or helicopter, is flown in close proximity to the vehicle creating a hazardous driving condition.
(f) Where the driver is required to drive in a position substantially different from a normal driving position (e.g., when the driver must drive while lying across the seat, or from the back seat).
(g) Where high speed or close proximity of two (2) or more vehicles will create conditions dangerous to the driver, passengers, by-standers, or the vehicle.
(h) Where for safety reasons, a Performer is doubled on-camera as driver or passenger in a vehicle, the double shall qualify as a Stunt Performer.
Where a Stunt Performer doubles for a role which is identifiable as female or a visible minority, and the race and/or sex of the double is/are also identifiable, every effort shall be made to cast qualified persons of the same sex and/or race involved. When the Stunt Performer is not so identifiable, the Producer shall use best efforts to increase the employment of women and visible minorities for such Stunts.
The practice known as ‘painting down’ is presumptively improper. Any disputes regarding ‘painting down’ shall be dealt with expeditiously and shall first be a discussion between the Union’s Director of Contracts (or designee) and the President of the AMPTP or the Vice President, BC Industrial Relations, of the CMPA-BC (or their respective designees), or the Producer (if not an affiliate of the AMPTP or member of the CMPA-BC), as applicable. The parties will make good faith efforts to resolve the issue; however, if a resolution is not achievable, the Union retains the right to grieve.
Except for bona fide emergencies, no Background Performer hired as such may be engaged for scripted Stunts on any production if, on that day, the Background Performer was engaged as a Background Performer in the same Production. A Stunt is a non-scripted Stunt when not called for or contemplated by the action in the script, and not preplanned, pre-conceived or deliberately omitted for the purpose of evading this rule.
The Stunt Coordinator shall ensure that equal opportunity for engagement is provided to all qualified and experienced Stunt Performers regardless of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex (which incorporates pregnancy and breast-feeding), sexual orientation, gender identity or expression, and age except those roles which may be restricted because of specific requirements.
“The provisions of Article A24 – Nude Scenes apply to Stunt Performers.”
HOLD CALLS, CANCELLATION & POSTPONEMENTS – Summary
Full BCMPA language below in BCMPA Quick Find Article – A19
- 100% payment of contracted fees, unless cancelled for just and reasonable cause.
- Less than 24hrs notice – 100% payment
- 24hrs to 48hrs notice – 50% payment
- More than 48hrs notice – 0% payment
- If rescheduled day conflicts with other job, 100% payment ( Hours are based on 10 am call for day shoots & 7 pm for night shoots)
- 100% payment of contracted fee (unless other cancellation provisions apply)
- If the day is not rescheduled – 100% payment for the day
- If the day is rescheduled – 50% of contracted fee for the rescheduled day.
- If the performer has a conflict with the rescheduled day, the producer must excuse the performer to do other job, OR compensate the performer to the extent of the other job lost.
Where a Performer arrives on set for his or her Call and is subsequently not used on that day, the day is not a “cancelled day”, and is paid in Full with Use Fees.
If you are asked to hold a day or days in readiness to be called to work – 100% payment for each day you are on a “holding call”. You will be advised when your “holding call” starts and when you are released.
DRESSING ROOMS & SANITARY PROVISIONS
The below BCMPA article outlines what producers are responsible for providing to performers (including Stunt Performers) for dressing rooms & sanitary provisions at work. Bolding has been added for emphasis of key words & phrases.
a) The Producer will provide the following facilities:
(i) a supply of pure drinking water;
(ii) a suitable seat for each Performer during rest periods;
(iii) a stretcher or a cot of a type suitable for use as a stretcher;
(iv) separate dressing room facilities for male and female Performers where they may change their clothing in privacy and comfort;
(v) separate changing room facilities for Minors of each sex
(vi) a place of safekeeping (such as dressing rooms with adequate locks, lockers or a secured area) for checking normal personal belongings during working hours;
(vii) clean and accessible toilets and washrooms;
(viii) first aid equipment.
(b) The Producer shall, where possible, provide for the exclusive use of Performers, clean and comfortable facilities (such as dressing rooms in studios and either trailers or motor homes on location) with reasonable temperature and adequate amount of space.
(c) The Producer shall be responsible for damage to, or loss of the Performer’s normal personal belongings and/or wardrobe or property required by the Producer unless a place of safe keeping (see (vi) above) is provided adjacent to the set or location on which the Performers are required to work. Notice of such damage or loss shall be given to an authorized representative of the Producer at the time the loss is discovered but in no case more than twenty-four (24) hours after dismissal unless extenuating circumstances exist.
NUDITY – Summary
Full BCMPA language below in BCMPA Quick Find Article – A24
- You must be advised in advance if there is nudity/simulated sexual activity in the script.
- You do not have to appear nude/semi-nude at a first audition.
- At call back nude/semi-nude auditions can happen only once and are only for viewing the body. These are ‘closed auditions’. NO more that 5 essential people (+ a union rep) can be in the room and NO monitors, devices, filming, photography are allowed without the prior written consent of the Performer which must be provided on a form approved by the Union.
- The requirements/exact nature of the nude/semi-nude scenes, the maximum degree of nudity required, nature of the clothing (see-through clothes, etc.) and any other information pertaining to the scene that gives you full, true, and complete disclosure of the nature of the nudity required must form part of the Performer’s written contract and must be submitted to the Performer in writing at least 48-hours prior to the signing of the Performer’s contract.
- You can refuse to do anything not specified in your contract.
- Your contract MUST contain a Nudity Rider (SEE EXAMPLE – Page 2)
NOTE – A rider is a document that is separate from the contract, but forms part of the contract. It is used to spell out the specific requirements of an engagement. When a performer’s engagement requires nudity, a rider giving complete disclosure of the specific requirements and nature of the nude scene must be attached to the contract. The box marked Rider Attached, is standard on every UBCP/ACTRA contract and must be checked. - You have the right to negotiate the conditions under which you will perform nude scenes. (i.e., negotiate higher rates of pay, higher adjustments, etc.)
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