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Entertainment and modelling agency rules

If you are looking for entertainment or modelling work slightly different rules apply to the agencies who find work for promotional staff.

On 1 October 2010, new rules came into force around the charging of 'upfront' fees and cooling off periods for including your details in a publication. There are different rules if you are looking for work as a photographic or fashion model.

If an agency has a contract with you directly and pays you they do not have to follow these rules.

Rules covering photographic and/or fashion models

From 1 October 2023 an agency finding you work as a photographic and/or fashion model is banned from charging you an upfront fee for including your details in a publication or on a website.

There is also a 30 day cooling off period for photographic and audio visual services when these are provided as an additional service - see rules on cooling off periods below.

Charging fees

Employment agencies can charge you a fee when looking for entertainment or modelling work under two circumstances:

• commission or fees from earnings from work the agency found for you
• a fee for including your details in a publication or on a website (not allowed if you are looking for work as a photographic or fashion model)

An agency can only deduct sums from your earnings for work the agency found for you provided that they have set out the details of the fee and services in writing.

What happens if you agree to pay a fee

If the agency is finding you work as an actor, background artist, dancer, extra, musician, singer or other performer and you agree to pay to be included in a publication or website:

• the agency will not be able to take any money from you for 30 days from entering into an agreement
• you will have the right during this 30 day period to withdraw from the contract
• you will have to be shown the information about you which will be included and you will have seven days to object
• you will not be able to be charged until this seven day period has elapsed or any reasonable objections have been dealt with (even if the 30 day cooling off period has elapsed)
• if you are charged an upfront fee you will have the right to a refund if your name is not published and made available to potential hirers, 60 days after payment has been made
  

Your agency must tell you about all of these requirements in writing when you enter into a contract where upfront fees are charged.

In addition, if your agency offers to provide you with photographic or audio visual services, as an additional service, you will be entitled to a 30 day cooling off period.

Cooling off periods

An agency may produce a publication or website containing your details. If the agency charges you a fee to include your details it has to give you a 30 day cooling off period from entering into an agreement. During this time you can withdraw from the contract. The agency cannot charge you any fee until the cooling off period has passed.

Your agency must notify you of this cooling off period in writing when you enter into a contract for these services.

Cooling off periods from 1 October 2023

For actors, background artists, dancers, extras, musicians, singers or other performers the following cooling off periods apply:

• 30 day cooling off period before you can be charged an upfront fee for being included in a publication or on a website
• seven days to object to any information or profile which will be included in a publication - starting on the date when you are first shown it
• 60 days from the date of payment, a full refund if no publication is produced and made available to hirers

In addition, if your agency offers to provide you with photographic or audio visual services, as an additional service, you are entitled to a 30 day cooling off period.

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
• your notice period
  

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 of receiving it. 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.

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 or you want to make a complaint about the agency, you can use their online enquiry or complaint form.

• Pay and Work Rights general enquiry form Opens new window

• Pay and Work Rights complaint form Opens new window

Useful contacts

• Pay and Work Rights Helpline

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• More useful contacts