Advice for Parents
Many parents enter unknown territory when their child starts acting, so we have listed below some key areas of guidance.
Do I need professional images to approach agencies?
No…agencies prefer home snapshots, head and shoulders taken in natural light. Each agency works differently. Please visit individual websites and follow instructions. If your child is already registered on Spotlight send your view pin with your application material.
Can an Agency Blacklist my child ?
No…agencies should not distribute information which could be considered defamatory.
Can an Agency charge upfront fees to represent a model ?
No… not unless they have successfully sourced employment for the client and the fee is stipulated in their agency agreement. For the avoidance of doubt, an agency representing a model can take a fee from the first engagement in addition to any commission due.
Can an Agency charge upfront fees to represent an actor ?
Yes… agencies can charge upfront fees to talent for listing the client’s details in promotional publications or on websites to help them access employment opportunities. Promotional publication includes listing information in industry publications or on websites and photographs or audio or video recordings. Upfront fees may only be charged for the representation of talent after 30 (THIRTY) calendar days have elapsed from the date that the client and agency enter into an agreement. For the avoidance of doubt the client, parent/guardian will not be financially penalised if they withdraw from representation during this period.
Can an Agent insist I use other services ?
No…agencies cannot make using other services provided a condition of representation. For the avoidance of doubt this includes photography sittings, classes or workshops. Agencies 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. The document should include the exact cost of the goods/service, who the fee is payable to, a detailed description of the good/services, right to cancel or withdraw from the service (no more than 5 working days) and details regarding the scale of any refunds. Any fees charged by an agency for additional services is not regulated and is deemed a business-to-business arrangement. Any fees should be a reasonable estimate of the cost of production and if the publication exists only in electronic form, access should be granted to the client, parent/guardian.
Can I view promotional material prior to publication?
Yes… material must be made available to the client, parent/guardian as required within 7 (SEVEN) calendar days prior to publication.
How long does an agency have to publish promotional material?
Following a period of 60 (SIXTY) calendar days, the client, parent/guardian has the right to request a full refund if promotional material is not made available to potential employers.
When should my child receive a contract of employment?
Agencies should furnish clients, parents/guardians with terms of employment within 5 (FIVE) working days of entering into the contract with production
Can I ask to see a risk assessment?
Yes…risk assessments should be requested by the agency and in the case of children under statuary school age forwarded to the parent of the child to agree they are satisfied with all arrangements.
Can I request to see any accommodation in advance?
Yes… when a young performer is required to be accommodated away from home details of such locations should be furnished in advance.
Can an agency deduct fees without my consent?
No…agencies cannot withhold payments or make unlawful deductions.
How transparent should the agency be when confirming the young performer?
Very… agencies should furnish clients, parents/guardians with the minimum rate of remuneration, expenses and any other benefits at the time of offer (this can be verbally) including any additional agency fees of 20%. This must be followed in writing within 3 (THREE) working days and the parent/guardian must accept the offer in writing.
When should the young performer receive their fee?
All monies should be transferred to the client within 10 (TEN) calendar days of receipt of clear funds. On each occasion that an agency makes a payment to a young performer they should provide a statement showing from whom and when the agency received cleared funds, to what work it applies and any fees or deductions made.
Are chaperone fees subject to commission?
No…agencies cannot charge commission on chaperone fees.
Can an agency insist on a notice period?
The agency agreement should clearly state the time period required when notifying the agency of a desire to end representation and vice versa. The AYPA takes the stance that any notice period could be considered a restriction of trade. It should be acknowledged that all current/ongoing contracts (including options, renewals or extensions), submissions, meetings and availability checks are protected by the previous.