Entertainment and modelling work
A common way for would-be models or entertainers to find work is through
agencies. A lot of agencies are legitimate and professional, but some try to
take advantage. Find out more about the rules that apply to modelling and
entertainment agencies and what will change on 1 October 2010.
Entertainment and modelling agency rules
Slightly different rules apply to agencies in the entertainment and modelling
industries than in other industries. If you are looking for entertainment or
modelling work your agency must follow the following rules.
Charging fees
Currently employment agencies can charge you a fee when looking for
entertainment or modelling work under two circumstances:
1. Commission on earnings from work that the agency has found for you
2. A fee for including your details in a publication or website
An agency can only deduct sums from your earnings from work that the
agency has found for you.
Cooling off period
An agency may produce a publication or website containing your details. If the
agency charges you a fee to include your details it currently has to give you a
seven day cooling off period from entering into an agreement. During this time
you can withdraw from the contract. The agency cannot charge you any fee
until the cooling off period has passed.
Changes from 1 October 2010
From 1 October 2010 new rules will come into force around the charging of
'upfront' fees and cooling off periods for including your details in a publication.
Photographic and/or fashion models
An agency finding you work as a photographic and/or fashion model will be
banned from charging you an upfront fee.
Entertainment sectors
If the agency is finding you work as an actor, background artist, dancer, extra,
musician, singer or other performer and you agree to pay to be included in a
publication or website:
the agency will not be able to take any money from you for 30 days
from entering into an agreement
you will have the right during this 30 day period to withdraw from the
contract
you will have to be shown the information about you which will be
included and you will have seven days to object
you will not be able to be charged until this seven day period has
elapsed or any reasonable objections have been dealt with (even if the
30 day cooling off period has elapsed).
if you are charged an upfront fee you will have the right to a refund if no
publication is produced and made available to potential hirers, 60 days
after payment has been made
Your agency must tell you about all of these requirements in writing when you
enter into a contract where upfront fees are charged.
In addition, if your agency offers to provide you with photographic or audio
visual services, as an additional service, you will be entitled to a 30 day
cooling off period.
Your agency must notify you of this cooling off period in writing when you
enter into a contract for these services.
Summary of cooling off periods for entertainers from 1st October:
Occupation Cooling off Period
actor, background artist, dancer,
extra, musician, singer or other
performer
30 day cooling off period before they
can be charged an upfront fee for
inclusion of their information in a
publication.
actor, background artist, dancer,
extra, musician, singer or other
performer
7 days to object to any information or
profile which will be included in a
publication. Starting on the date when
they are first shown it.
actors, background artists, dancers,
extras, musicians, photographic or
fashion models, singers or other
performers
30 day cooling off period for
photographic and audio visual
services, when these services are
provided as an additional service.
actor, background artist, dancer,
extra, musician, singer or other
performer
After 60 days from date of payment, a
full refund if no publication is
produced and made available to
hirers.
Written terms of employment
Your agency must provide you with written terms of employment before
providing any work-finding services. These should include
how it will find you work
situations where it is entitled to enter into a contract on your behalf,
payment and fee details, and your notice period
Collecting pay from a hirer
If you have an agreement with your agency that they collect your pay from a
hirer, the agency must pass your pay to you within ten days of them receiving
it. You can request to extend this time if you would prefer. Agencies that
request or receive money on your behalf must set up separate client accounts
to bank that money.
Beware of agencies who ask you for repeated fees
If you have paid for a set of photos/other services and then another agency
calls saying they need more pictures and fees then be cautious. There is no
guarantee of finding work even with reputable agencies, but beware of people
who ask you for repeated fees.
You have a seven-day cooling off period after agreeing to publication
fees
If you agree to have your details appear in a publication or website always
remember that you have a seven-day cooling off period in which the agency
cannot take the fee. If an agency attempts to take the fee this is a criminal
offence and you should report them to the Pay and Work Rights Helpline.
From 1 October 2010, an agency finding you work as a photographic and/or
fashion model will be banned from charging you an up front fee, including a
fee for your details to appear in a publication or website.
From 1 October 2010, if your agency is finding you work as an actor,
background artist, dancer, extra, musician, singer or other performer and you
agree to pay to be included in a publication (including websites) the agency
cannot take any money from you for 30 days from entering into an agreement
(and you have the right during this time to withdraw from the contract).
Check out the agency before saying yes
Look at their website and ask questions about the percentage of work-seekers
in regular work. No agency can guarantee work for clients as it is a tough
industry but a reputable agency will have no problem answering your
questions. Ask the agency to provide contacts who can give you references.
Where to get help
The Pay and Work Rights Helpline can give you support or advice on your
rights as an agency worker. If you have a general enquiry about your
employment rights as an agency worker, you can call the helpline or use their
online form.
If you would like to make a complaint about an employment agency you can
telephone the Pay and Work Rights Helpline,:
fill in the Pay and Work Rights Enquiry Form on Directgov
call the Pay and Work Rights Helpline on 0800 917 2368
or write direct to the Employment Agency Standards (EAS) Inspectorate,
Department for Business Innovation and Skills, Spur 1, 3rd Floor, 1 Victoria
Street, London, SW1H OET.