ENTERTAINMENT INDUSTRY COALITION CODE OF ETHICAL CONDUCT
(to download the EIC Codes – see the links at the bottom of this page)
The EIC (Entertainment Industry Coalition) was formed in early 1996 to deal with the problem of unethical talent agents. The EIC promotes a code of conduct for talent and modelling agents who want to run their businesses in an ethical manner.
AN AGENT (or talent agent, agency, artist’s manager, or personal manager) is a person, co-partnership, association, firm, corporation or any other form of business entity who or which offers to (or does) represent, act as the representative of, negotiate for and/or counsel or advise any person in or about or in connection with or relating to his or her employment or professional career as a performer in the entertainment industry.
The term agent is hereafter deemed to be synonymous with the terms: talent agent, agency, artist’s manager or personal manager.
THE ROLE OF THE AGENT
1. Recognizing the uniqueness of their client’s abilities, an agent will use all reasonable efforts to assist the client in procuring engagements in the entertainment industry.
2. An agent will be truthful in his or her statements and represent every client in good faith.
3. An agent will maintain the confidentiality of all dealings on behalf of the client both during representation and after the representation has terminated.
4. An agent will inform the client, upon request, of any and all activities undertaken on the client’s behalf.
5. An agent will not make any claim or guarantee of engagements to clients that cannot be immediately substantiated.
6. An agent will not accept engagements on the client’s behalf without informing the client of the terms of engagement including but not limited to details of fees, performance credit and working conditions.
7. An agent will negotiate terms and conditions of prospective engagements in consultation with the client.
8. An agent will recognize and uphold the client’s prerogative to refuse any and all offered engagement opportunities.
9. An agent will adhere to applicable human rights legislation and commit to work to protect the client from harassment, discrimination, bullying and violence
THE BUSINESS OF THE AGENT
10. An agent will maintain an office, records and such tools normally deemed necessary to conduct business as an agent in the entertainment industry.
11. An agent shall make herself/himself available at all reasonable hours to speak or meet with a client upon request. Accommodations for client consultation shall be made within 72 hours.
12. An agent shall not require the client to engage any particular photographer, printer, school or any other service provider as a condition of representation.
13. An agent will fully disclose any financial or other interest he or she has in any industry-related business they recommend to the client. An agent will recommend a minimum of three service providers. The agent shall have no financial interest in at least two of the three recommended businesses.
14. An agent will not advertise to the general public for the purpose of soliciting clients in any manner that is misleading, deceptive or found to be contradictory to generally accepted professional standards of ethical conduct as expressed herein.
15. An agent will ensure, to the best of their ability, that any industry showcase, talent event or modelling convention that the agent attends or endorses is ethical and conforms to the principles of this code.
16. An agent will not accept engagement as an actor.
AGENT COMMISSIONS, CONTRACTS, AND FINANCIAL RECORDS
17. An agent will negotiate with the prospective client, at the time of signing, a representation agreement with a detailed commission structure. An agent will not charge a client more than 15% commission for Film TV and Digital work. Commissions will not be levied on auditions.
18. Any extraordinary expenses (including but not limited to photo reproductions, demos, union dues, permits or casting breakdown services) paid for by the agent must have the client’s previous approval and will be reimbursed by the client, once he or she is provided with receipts for any expense incurred.
19. Talent Agents are not allowed to charge “registration” or “annual maintenance” fees except in the case of Background agents who may charge a one-time registration fee, to a maximum of $100.00, and only in the first year of representation.
20. A new agent will remind clients that all commissions due to the original agent of record should be kept current and paid accordingly, as set out in their original client/agent contract.
21. An agent will maintain proper financial records pertaining to engagements and provide supporting documentation to the client with payment or upon request, within twelve months of engagement.
22. An agent will not commingle monies belonging to the client with monies belonging to the agency but will keep such monies in a separate client account or trust account.
23. All monies belonging to the client received by the agent shall be faithfully accounted for and the agent will pay each client his or her share of all monies within five (5) business days, after the funds have cleared.
24. An agent will not enact any financial penalties against a client beyond collecting outstanding commissions owed.
25. A contract between an agent and the client will not stipulate terms longer than one year. After one year, either party may terminate their contract with (60) days’ notice unless there is a mutual agreement to an immediate termination or extension. Requests for early termination will not be unreasonably denied.
A CLIENT means any person seeking engagement as a performer/artist in the entertainment industry who has entered into an agreement with an agent providing for the rendering of agency services for such person by the agent.
The relationship between a CLIENT and an AGENT as jointly defined above is not to be considered an employer/employee relationship.
1) An agent will be truthful in his or her statements to the client.
2) An agent will represent all clients in good faith and recognize the uniqueness of the client’s abilities. An agent will maintain an office, records and such materials necessary to conduct business normally deemed necessary to function as an agent.
3) An agent will agree to be equipped and to continue to be equipped to represent the client ably and diligently in the legitimate entertainment industry and to so represent the client.
4) An agent will maintain the confidentiality of all dealings on behalf of the client both during representation and after the representation has terminated.
5) It is not a condition of representation that an agent stipulate the photographer, printer, school or any other service provider for the client. Should an agent have any financial interest in above-named businesses, full disclosure about said interest must be provided.
6) An agent will not advertise to the general public for the purpose of soliciting clients through advertising placed in any form of printed or electronic media (newspapers, flyers, magazines, telephones, the Internet, fax, CD-ROM or mailings, etc.).
7) If an agent recommends a service provider in which they have a financial interest, it must be disclosed to the client at the time of recommendation.
8) An agent will not accept employment as an actor.
9) An agent will maintain an accessible office and telephone during all reasonable business hours.
10) An agent or designate will be available, at all reasonable hours, for consultation with the client.
11) An agent will, upon request, make available to a client or prospective client a complete and current list of clients represented by the agency.
12) An agent will inform the client, upon request, of any and all activities undertaken on the client’s behalf.
13) An agent will maintain proper financial books and records.
14) An agent will make all books and records pertaining to a client available to the client on a regular business day upon 48 hours notice.
15) An agent will not commingle monies belonging to clients with monies belonging to the agent, but will keep such monies in a separate account which may be known as a ‘client’s account” or ‘trust account’.
16) An agent will pay each client his or her share of all monies received on behalf of the client in a timely manner. All monies belonging to the client received by the agent shall be faithfully accounted for by the agent and promptly paid over to the client.
17) An agent will tell the client at the time of signing a representation agreement which deductions from the client’s share of money the agent may make for expenses such as materials, photos, voice tapes, commissions and so on. However, the agent will make clear the client’s option to undertake the management of any or all of his or her own materials.
18) An agent will inform a new client that commission due to a former agent be kept current.
19) An agent will use all reasonable efforts to assist the client in procuring employment in the legitimate entertainment industry.
20) An agent will make no claims or guarantees of employment to prospective clients that cannot be immediately substantiated.
21) An agent will accept no employment on the client’s behalf without informing the client of his or her obligations, such as details of fees, performance credit, working conditions and so on.
22) An agent will negotiate terms and conditions of any employment opportunities offered in consultation with the client.
23) An agent will recognize and uphold the client’s prerogative to refuse any and all employment opportunities offered.
ARE YOU SEEKING AGENCY REPRESENTATION?
The eBOSS DIRECTORY has an AGENT’S SECTION just for you
FOR EACH AGENCY – WE HAVE ADDED:
– Are they currently expanding their roster?
– How do they accept submissions?
– What should you include in your submission?
– What type of talent do they represent or specialize in?
– Are they an “ACTRA Approved” Agency?
– Are they affiliated with TAMAC, EIC or CTAG?
– Are they a licensed Agent? (applicable for BC Agents only)
TO FILE A COMPLAINT AGAINST A TALENT AGENT OR AGENCY
If you believe your talent agent has acted in an unethical manner, please fill out the Talent Agent Complaint Form – https://www.actratoronto.com/agent-complaint-form/