Entertainment and modelling agencies

Business: Setting Up

    Entertainment and modelling agencies can charge fees for finding someone work but there are rules about who can be charged and when.

    Fees or commission for finding work normally come out of the worker’s earnings from the employment the agency found.

    Terms and conditions of the service and fee must be agreed in writing (eg a contract). Only then can the fee be paid by the hirer or deducted from the worker’s earnings.

    Who the rules cover

    The rules cover agencies if they find work for:

    • professional sports people
    • actors, musicians, singers, dancers, background artists, extras, walk-on or other performers
    • composers, writers, artists, directors, production managers, lighting cameramen, camera operators, make up artists, clothes, hair or make up stylists, film editors, action arrangers or co-ordinators, stunt arrangers, costume or production designers, recording engineers, property masters, film continuity staff, sound mixers, photographers, stage managers, producers, choreographers and theatre designers
    • photographic and fashion models

    Terms and conditions

    The terms and conditions must include:

    • details of the work-finding services to be provided
    • the authority, if any, the agency has to act on behalf of the worker
    • if the agency is authorised to receive money on behalf of the worker
    • details of any fees or commissions the worker will have to pay for finding them work
    • details of how any fee or commission would be refunded
    • how the fee is to be paid
    • the length of notice the worker has to give and must get from the agency to end the contract

    Promotional fees for performers and entertainment workers (not models)

    Agencies can only charge upfront fees for listing the worker’s details in promotional publications or on websites to help them find work.

    The worker must be given the chance to see any copies.

    Fees for promoting performers

    If there is a fee for promoting a performer, the agency can only charge this 30 days after the start of the contract. Promotion includes listing information in publications or on websites and photographs or audio or video recordings.

    It covers the following performers:

    • actors
    • background artists
    • dancers
    • extras
    • musicians
    • singers
    • other performers

    In that 30-day period the performer can cancel or withdraw from the contract without penalty and won’t have to make any payment.

    The performer also has to be shown any promotional photographs, audio or video before its published. They then have 7 days to object to it being used.

    They can’t be charged until the 7 days is over or the agency has dealt with any reasonable requirement from the worker, whichever is later.

    Fees for other workers (except models)

    If there is a fee for promoting a performer, the agency can only charge this 7 days after the start of the contract. Promotion includes listing information in publications or on websites and photographs or audio or video recordings.

    This covers the following types of workers: composer, writer, artist, director, production manager, lighting cameraman, camera operator, make up artist, clothes, hair or make up stylist, film editor, action arranger or co-ordinator, stunt arranger, costume or production designer, recording engineer, property master, film continuity person, sound mixer, photographer, stage manager, producer, choreographer or theatre designer.

    In that 7-day period:

    • they can cancel or withdraw from the contract without penalty
    • they don’t have to make any payment under the contract
    • the information shouldn’t be included in the publication

    Refunds for promotional services

    Work-seekers have the right to a refund if the promotional information isn’t made available to potential hirers within 60 days of a fee being paid.

    Fees for fashion and photographic models

    Agencies supplying photographic and fashion models can’t charge any upfront fees for finding work. This includes putting information about the models in a publication or website.

    However, agencies can still charge a fee for:

    • including information about them in a publication or website after they’ve found the model work
    • providing a service to find the model work – these fees must be agreed with them before the agency starts looking for work for them

    Rules covering how entertainment and modelling agencies work; charging fees and refunds for for finding work