Code of Conduct
Membership of The AYPA shall be conditional upon members accepting and adhering to the rules and regulations of the Association, including this code.
Members must act with the highest standards of integrity, honesty, diligence and appropriate behaviour at all times in their business and professional dealings.
Members must conduct their business in a manner which enhances the operation, image and reputation of the entertainment industry, and the AYPA.
Members will not engage in any activities which would bring the AYPA into disrepute.
Members will not undertake actions that may unfairly or unlawfully interfere in work relationships established by others.
Members will not bully, victimise or harass anyone or any party.
Members will, in their dealings with all other AYPA members and non-members, treat them with respect; and working in a fair and open, competitive environment.
No member maybe disclose the internal communications, affairs and agenda of the AYPA as this can undermine free discourse internally and our campaigning agenda, and therefore members will respect and agree to keep information from the AYPA strictly private and confidential, unless the content has been made public by the AYPA.
If members change their contract or terms of business, copies should be provided to the AYPA and checks will be carried out to ensure the new terms comply with the Code of Conduct for membership to continue.
All members will be registered with the DBS update service at all times.
Members must be registered with the Information Commissioner’s Office and comply with applicable data protection laws. Members agree that images of those they represent under 18 years of age should not be made public with identifiable data such as age or specific location.
Members may charge a fee for other services as long as the terms and conditions are detailed in a separate document and this has been furnished in advance.
12.1. Members will be transparent with their clients, ensuring that they agree with clients an unambigious scope of the service to be provided and its limitations.
12.2. Members will only undertake work that they have the knowledge, skills and resources to carry out competently.
12.3. Members cannot make using other services provided a condition of representation. For the avoidance of doubt this includes photography sittings, classes or workshops.
Members cannot charge upfront fees to models unless they have successfully sourced employment for the client and the fee is stipulated in their agency agreement. Upfront fees may only be charged for the representation of talent after 30 (THIRTY) calendar days. For the avoidance of doubt the client, parent/guardian will not be financially penalised if they withdraw from representation during this period.
Agency agreements must explicitly state all medium covered by representation (both sole and non-sole) stating the level of commission (as applicable) and the method of transfer to the agent. Any variation in commission rate must be agreed with the client, parent/guardian in writing.
Members will hold a separate client account. All monies shall be transferred to the client within 10 (TEN) calendar days of receipt of clear funds. Members must not withhold payments due or make unlawful deductions. Fees due to a chaperone are not subject to commission.
15.1. Members will pay clients promptly any wages and benefits due in accordance with any agreed terms and legal requirements.
15.2. Members will keep records for at least 6 (SIX) years from the date of the last entry.
Members will ensure Equity contracts (Collective Agreements) are offered wherever possible and performers are paid for all work they do.
Members will check a performance licence is in place as per section 25 of the Children’s and Young Persons Act 1933 or section 37 of the Children’s and Young Persons Act 1963 along with the Children (Performances and Activities) 2014 for all children under MSLA. If applicable to the performance or activity.
Parent chaperones will be made aware they are required to uphold regulatory compliance and will forward timesheets to the licence holder which will be held by the applicant for a period of 6 months.
Members shall not seek to enforce any time restriction should a client, parent/guardian wish to seek representation elsewhere. Any notice period could be considered a restriction of trade.
Members agree that information distributed via casting channels is confidential and copyright remains with the relevant sender or provider. Members of the association will only use the casting breakdowns, and the information set out in them, for the purposes of suggesting clients for the relevant casting opportunity, by the agreed submission method. All production information (including individual roles/casting breakdowns) sent should be treated as strictly private and confidential and details (in full or in part), will not be released to any other party other than the intended client.
Where applicable members will undertake due diligence to satisfy themselves that prior representation has been terminated in writing.
Requests for assistance from board members should be restricted to business hours.
If a Member wishes to notify the AYPA of a breache of this code, it must be done in writing with all complaints directed to the Coordinator of the AYPA with supplementary evidence presented wherever possible. The AYPA Council may reject a complaint (including on the grounds that insufficient details has been given). If the AYPA Council in its absolute discretion is satisfied that the claim being made, if established, would constitute a breach, it will submit a full copy of the complaint to the member complained of they will have a right of reply but they must exercise it within 28 days, any response or counter - claim shall be sent by the AYPA Council to the original complainant. The complainant will then have twenty - one days in which to reply in writing to the AYPA Council, which shall be forwarded by the AYPA Council to the member complained of.. The AYPA Council will determine if the complaint is upheld, the AYPA Council may choose to offer mediation between the members, but if one or both parties refuses to abide by the Council decision or mediate, their membership will be revoked.
*Commission split between former and current agent
Upon terminating the agreement, the former agent has 14 calendar days to detail in writing:
all current/ongoing client contracts (which shall include option/extension and or renewal provisions); and
a list of all submissions (including availability checks) made on behalf of the client up to the date of termination, specifically the role(s) the client has been submitted for, and to whom, and whether a meeting has been arranged, or has occurred; and
the new agent, if a member, shall acknowledge receipt within 2 weeks
Members acknowledge that original contracts held by the former agent belong to the client and should be released in accordance with the clients, parent/guardian’s wishes
Should an agency agreement be terminated by either party and provided the member is willing and able to continue representation, the member retains the right to collect all monies and to take continuing commission in respect of all contracts initiated (including options)
Where commission may continue to arise from previous engagements members will use their best endeavours to conclude a mutually satisfactory arrangement is in place and details are provided in writing.
In the event any fees are re-negotiated by the new agent then the new agent will be entitled to 100% of all commission on the balance between the original and the newly re-negotiated fee.
In the event that an offer has been made, but no terms have been negotiated or the client moves mid negotiation then the former agent shall be entitled to all commission due on the engagement even though the terms of the relevant contract may be wholly negotiated by the new agent.
Long running series: If a client returns to a role within 2 years of having left a long running series (having changed agents in the interim) the former agent shall receive 10% of their original commission in perpetuity.
The former agent shall be entitled to all commissions due on existing theatre contracts for the run of the production and on any contract for the same production if an extension or transfer occurs within twelve months of the end of the original term agreed by the former agent.
If a client returns to a theatrical production in the same role after twelve months, the former agent shall receive 10% of their original commission for this production and in perpetuity.
Where the former agent submitted the client for a theatre role and arranged a meeting or where the role was offered without a meeting 100% commission is due to the former agent for the length of the original contract and any extensions/reprisal.
Members acknowledge that a TV commercial is usually limited by contract. If the advertiser wishes to renew the contract and the client wishes the new agent to re - negotiate the contract, then the new agent shall be entitled to commission only on the balance between the original fee and the re - negotiated fee together with commission pro - rata due on any income directly derived therefrom.