Agency Agreement

 

The following terms form the agreement between Creative Differences, as an agency, and its clients and are effective from March 2018 for all clients of the agency. Creative Differences reserves the right to amend its terms of operation as and when necessary, but will communicate all changes to clients and ensure that the new terms are updated on our website.

 

Validity of the Agreement

 

• This agreement is valid for any paid work which is undertaken by the client due to arrangements made through and/or by the agency within the field of performance, including, but not exclusive of, work in Commercials, Film, Theatre, Television, Music Videos, or Online, including voice work in an ADR capacity, Animation or Video Games.

 

• The agreement does not apply to paid work which is undertaken by the client as a Supporting, Background or Featured Artist through any agency specialising in this field of work, or to any work the client obtains through their own direct efforts, not requiring any input from the agency.

 

Responsibilities of the Client

 

• The client recognises that the agency is not solely responsible for promoting them, or finding them work and that they must undertake all reasonable steps to market themselves, such as maintaining their online profiles and submitting themselves for work.

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• The client warrants that they are freely able to enter this agreement and comply with its provisions and is not under any obligation to any third party which would conflict with the terms and conditions of this agreement.

 

• The client will provide the agency with all relevant materials requested for the purpose of marketing and seeking work on the client’s behalf. This shall include, but is not exclusive of, headshots, character shots, showreels, voicereels and access to their online profiles on casting platforms the client may be signed up to.

 

• The client will communicate effectively with the agency, responding to contact within a reasonable timeframe, in order to ensure the needs of the agency and relevant external audiences, such as casting directors, are met.

 

• The client will notify the agency immediately of any changes in their personal circumstances, including contact details, or payment details, new work, or other external commitments, which may affect their availability for auditions and castings.

 

• The client will behave professionally at all times, and will not engage in conduct which is considered detrimental to the agency. As such, the client agrees to adhere to the terms of their engagement for work arranged through the agency and will not behave in such a way that it dramatically affects the completion of the engagement, or results in their dismissal from the engagement.

 

• The client recognises that Creative Differences is acting as their agent and will acknowledge and indicate this in all interactions during auditions and castings. To this end, the client will supply the contact details for the agency and these details only, as their point of contact during all engagements and negotiations which have been arranged through, or by, the agency.

 

• The client will ensure that all details of work undertaken, either through the agency, or arranged directly by the client, are recorded accurately and passed on to the agency so that their CV and online profiles are kept up to date.

 

• The client agrees to support the ethos of the agency, by contributing to the continuing professional development of their own skills and experience, as well as those of their peers within the agency, by sharing tips, providing feedback and engaging with the other members of the agency through social networks and forums facilitated by the agency. Where the client is unable to access these networks, they will provide their feedback directly to the agency by email, or by phone, for dissemination to their peers by the agency.

 

• The client is classified as self-employed / freelance and is not an employee of the agency. This also reflects on any tax obligations, with the client being deemed responsible for his/her own tax. As such, the client agrees to take responsibility for declaring their earnings and making the appropriate arrangements for the payment of Income Tax and National Insurance.

 

• Any expenses involved in attending auditions or casting sessions are the responsibility of the client, unless otherwise agreed.

 

Responsibilities of the Agency​

 

• The agency will provide clients with a professional CV for their use as a client of the agency and will publish the headshot and any other relevant details on the agency website and all other appropriate media, for the purpose of promoting and marketing the client as an industry professional.

 

• In addition, the agency will seek to support the continued professional development of the client by providing information relating to headshots, showreels and voicereels, as well as providing access to resources, recommending appropriate training as required by the client, or by arranging workshops and seminars which may be delivered to clients for an appropriate fee. Attendance at these workshops and seminars will not be compulsory and any fees charged will purely be to cover the administrative costs of the event.

 

• The agency will manage all client data and communication with external parties, in accordance with the General Data Protection Regulation (GDPR).

 

• The agency will submit clients for auditions and castings which meet their skills and requirements, but the agency can not guarantee to find work for the client and is not responsible for any financial losses incurred by the client due to lack of work.

 

• The agency is not responsible for any injury or loss suffered by the client during any performance work (whether live or recorded), though we will work in collaboration with the client and all relevant third parties to seek appropriate financial compensation in the event of accident or loss of personal belongings.

 

• On completion of any work which is undertaken by the client due to arrangements being made through or by the agency, payment of earnings will be made as follows;

 

• In the first instance, 100% of the payment due shall be paid directly to the agency

• Within 7 days of payment being received, the agency shall deduct the appropriate commission fee from the payment and will then transfer the remainder directly to the client via direct bank transfer and will confirm the payment has been made by email to the client.

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This breaks down as follows;

 

• The client shall receive 95% of the payment for theatre work

• The Client shall receive 92.5% of the payment for any other work

 

All other monies will be retained by the agency and will go towards the administration costs of running the agency.

 

• The agency will provide appropriate resources to support the completion of the client’s annual accounts, but is not responsible for the payment of tax or National Insurance contributions on behalf of the client.

 

Termination of the Agreement

 

• In the event that the client no longer wishes to be represented by the agency, they are free to seek representation elsewhere, with immediate effect of their giving notice to the agency.

 

• Confirmation of any work which is still being negotiated for by the agency on behalf of the client shall continue to be sought, with the appropriate payments and fees being made in line with the agreement between client and agency at the time of the initial submission on the client’s behalf.

 

• In the event that the agency no longer feels able to represent the client, either due to a lack of communication on the client’s part or as a result of negative feedback from external audiences, such as casting director’s, which indicates a serious breach of the terms of the agreement, the agency has the right to cease representation of the client. In these circumstances, the client has the right to appeal the decision by seeking a discussion with the agency director.

 

• Confirmation of the termination of the agreement by either party should be communicated in writing, by email, as soon as is practicable.

 

• Clients who have left the agency of their own accord and wish to rejoin are welcome to re-apply for representation. However, the agency reserves the right to amend the commission fees for future clients, and individuals who re-join the agency will be subject to the new terms and conditions that are in force at the time of their re-joining.

 

Other Items

 

• From time to time, it may be necessary for clients to support the running of the agency by agreeing to take on some of the administrative duties. Where this need arises, clients will be asked to work collaboratively for the benefit of the agency and each other.

 

• Creative Differences recommends all its clients are registered with Spotlight and the Mandy Network as this will increase our chances of finding work for you. Clients that qualify for membership are also actively encouraged to join Equity, the actors union, due to the benefits being a member of the Union affords.