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Sunday, 22 November 2009

Entertainment and modelling work

A common way for would-be models or entertainers to find work is through agencies. While a lot of agencies are legitimate and professional, there are some companies that try to take advantage of newcomers to the industries.

Entertainment and modelling agency rules

Slightly different rules apply to agencies in the entertainment and modelling industries than in other indusutries. If you are looking for entertainment or modelling work your agency should follow these rules.

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.

Charging fees

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

Where an agency produces a publication and charges you a fee to include your details, the agency has to give you a seven day cooling off period. During this time you can withdraw from the contract. The agency cannot charge you any fee until the cooling off period has passed.

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. 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.

Golden rules of using agencies in the entertainment and modelling industry

Pay and Work Rights Helpline

Help and advice on agency workers' employment rights

0800 917 2368

Most agencies in the entertainment and modelling industries are legitimate. However, there are some that aren't. Try to remember the following guidance when using agencies. If you have any concerns, contact the Pay and Work Rights Helpline.

If it looks or sounds too good to be true, then it probably is

Be careful of anyone who promises they can make you a star overnight or other extravagant claims. Dodgy agents will tell you what you want to hear, for example ‘you are just what we are looking for’ to make you sign up and pay unnecessary or excessive fees.

Question any claims that you will be found work straight away. You are entitled to ask the agents questions and you should be suspicious of anyone who can’t or won’t provide clear answers.

Reputable agencies will tell you that the industry is very tough to get into and only a very small number of people have what it takes to succeed. There are lots of very good-looking people and models, and lots of talented entertainers and actors who struggle to get enough work.

Beware of advertisements claiming to provide artists for popular TV programmes

Popular programmes usually use agencies and clients they have used before. Advertisements claiming to work with popular TV programmes are unlikely to be true. If in doubt, try phoning the TV company to ask if they use the agency or ask the agency for references from recent clients.

Never pay any money on the day

If you are asked for money when you first meet or speak to an agent they are breaking the law and you should walk away. Report their actions to the Pay and Work Rights Helpline or fill out the online enquiry form.

Never sign anything on the day, especially if you are being pressured

Reputable agencies let you take paperwork away to read carefully at your leisure. Make sure you understand all the terms and conditions of a contract before signing. Ask someone else for help if you do not understand the terms and conditions yourself, or contact the Pay and Work Rights Helpline for support.

Agencies are only allowed to charge fees in limited circumstances

It is common for your agent to take commission from your earnings. If you are asked for money before or after you have signed a contract, ask what you are getting for your money.

Agencies can charge you fees in connection with a publication containing your details. If you are asked for money to enter your details in a publication ask to see a current copy and find out where your details will be circulated, for example you could ask 'How will getting my details into this publication help me get work?'.

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 circulated in a publication, 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.

Check out the agency before saying yes

Look at their website and ask questions about the percentage of their clients 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.

Be cautious of local advertisements for ‘no experience necessary’ casting sessions

There are instances of hard selling techniques being used by unscrupulous agencies at casting sessions they have arranged. Before you attend a casting session find out as much as you can about the agency.

If you experience hard selling techniques or feel pressured into paying fees or signing a contract then leave. If a reputable agency is interested in you they will give you a chance to think about their offer.

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 should complete the Employment Agency Standards Inspectorate (EAS) online complaint form.

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