Entertainment and modelling agencies

Entertainment and modelling agencies: agreeing terms with jobseekers

Guide

You must issue terms to jobseekers before providing any work-finding services.

What should the terms include?

The jobseekers terms must include:

  • details of the work-finding services you will provide
  • your authority, if any, to act on behalf of the jobseeker, and to enter into contracts on their behalf
  • whether you are authorised to receive money on behalf of the jobseeker
  • details of any fee which may be payable by the jobseeker eg commission fee for finding them work) including details of any refund provisions
  • how the fee is to be paid or collected
  • the length of notice which the jobseeker is required to give and entitled to receive from you to terminate the contract

Agreeing jobseekers terms for publications or websites

Where you provide the jobseeker with a work-finding service that includes inserting information about them in a publication or a website and you intend to charge them a fee for this service, prior to them carrying out any work, the terms must include:

  • that you will not charge a fee to the jobseeker during the 'cooling off period' - see entertainment and modelling agencies: cooling off periods
  • that the jobseeker has the right without detriment or penalty to cancel or withdraw from the contract during the cooling off period
  • that you will not include information about the jobseeker in a publication until seven days have elapsed from the date they agreed to the publication service (or, where the jobseeker is seeking employment as an actor, background artist, dancer, extra, musician, singer or other performer, until the jobseeker's reasonable requests for amendments have been addressed) 
  • that the jobseeker is entitled to receive a full refund of the fees paid if the publication is not produced within 60 days from the date of payment

Furthermore, where the terms are issued to a jobseeker seeking employment as an actor, background artist, dancer, extra, musician, singer, or other performer, and you are going to include their information in a publication, the terms must include:

  • that you will make a copy of the information available to the jobseeker
  • inform the jobseeker of their right to object and the time limit for exercising that right is seven days - during which the information should not be included in the publication

Ensure agreed terms are recorded

You must ensure that the terms are recorded in a document and issued to the jobseeker before the provision of any service.

If you and the jobseeker agree to any changes to the terms, you must, as soon as possible, after the changes have been agreed, give the worker a new document setting out the details of the changes and stating the date the varied terms take effect.