The Importance of Contracts and Agreements with Your Acting Agent
As an actor, whether aspiring or established, deciding the time is right to secure representation from a reputable agent and taking active steps towards this is a significant milestone.
Able to support the advancement of your career and protect your best interests, acting agents secure auditions, seek out new opportunities, negotiate contracts and more.
The relationship between yourself and your agent has the potential to be highly mutually beneficial, however, to ensure this is the case individual agreements and contracts must be clear and carefully considered.
In this guide, we will explore the significance of these contractual arrangements and offer important insights for actors that should be considered before entering into an agreement with an agent.
Why Do Acting Agent Contracts & Agreements Matter?
An agency agreement or contract sets out the legal relationship between the agency and the actor. It provides an agency with the authority to undertake tasks or arrange certain things on behalf of an actor.
From negotiating and signing deals, putting you forward for certain roles, sharing and using your intellectual property (headshots, showreels, image etc.) your agent agreement outlines and gives permission for all this and more.
They also outline things such as commission percentages taken by the agent as payment for their services, how you are paid and other financial aspects including the payment of tax and super among others.
If there is no clear agreement, it can be far too easy for an actor to be taken advantage of or for them to be working in a way that is not-compliant with industry legislation. Without a signed, written agreement, challenging issues regarding these concerns or having them resolved can be incredibly difficult.
What To Look For In An Agent Contract Or Agreement
So how do you protect yourself and ensure a fair and equitable arrangement between yourself and your agent? We suggest the following:
1. Clarifying Roles & Expectations
Contracts and agreements should clearly define the roles and expectations of both actors and their agents.
By ensuring both parties are across and in agreement about the scope of representation, responsibilities, and objectives, misunderstandings regarding these can largely be avoided.
You should be sure your contract outlines:
The Scope Of Representation
The extent of representation provided by the agent should be well-defined, including details about the types of roles, projects, and acting areas they work with.
You should look for details on whether the representation is exclusive or non-exclusive, and if there are any limitations or restrictions on the agent’s authority to act on your behalf.
The Services Provided
Look for contracts that detail the specific services that the agent will provide, covering things such as:
- Submitting you for auditions
- Negotiating contracts
- Advising on career opportunities
Ask about how information pertaining to these will be communicated and make sure you both agree on expectations for updates, feedback, and the decision-making processes.
Career Goals & Objectives
Discuss and document your career goals, aspirations, and priorities, and ensure that they align with the agent’s vision and strategy for representation.
It can also be helpful to set realistic and achievable objectives with your agent and decide on a means for evaluating these over time.
2. Protecting Your Rights & Interests
Your contract and any agreements it contains serve as a legal safeguard to protect the rights and interests of both yourself and your chosen agent.
They help to mitigate any risks taken in engaging an agent, may prevent disputes and ensure the fair treatment and compensation of everyone involved.
It is essential that your contract lists all terms and conditions and that these are not open to interpretation. It should cover aspects such as:
Compensation & Commission
Be sure you are across the percentage of your earnings that will be retained as commission, when this is paid and whether there are any additional fees or expenses to cover.
Also, determine when you can expect to be paid and how and whether any PR gifts can be used towards this. The latter could see you without the required funds and can have added tax implications.
Termination & Renewal
What are the procedures and conditions for terminating or renewing the agreement? Look for information regarding notice periods, whether there are any termination fees, and what constitutes grounds for termination.
Intellectual Property Rights
Your contract should contain a section about the ownership and usage rights of intellectual property created or acquired during the term of the agreement. This covers things such as photographs, videos, recordings, and promotional materials.
You must ensure you retain the right to your likeness, name, and image, and that you are okay with any terms in the contract surrounding their use for marketing or promotional purposes.
3. Adherence To Industry Standards & Regulations
Any contracts or agreements you enter into should adhere fully to industry standards, practices, and regulations. This is the best way to protect yourself from potential exploitation or misconduct by an agent.
Your agency contract or agreement should prioritise:
Compliance With Industry Codes Of Conduct
The agreement should comply with industry codes of conduct, ethics, and regulations established by relevant industry bodies.
In Australia, this includes the Media, Entertainment & Arts Alliance (MEAA) and your state’s relevant Entertainment Industry Act and/or Entertainment Industry Regulations statute.
Transparency & Disclosure
Full transparency and disclosure from your agent regarding their affiliations, relationships, and conflicts of interest is vital.
Failure to investigate this could see you unfairly impacted as their ability to represent your best interests may be reduced.
Confidentiality & Privacy
What provisions for maintaining confidentiality and privacy of sensitive information shared between actors and their agents are made in the agreement?
Your contract should reassure you that your sensitive, personal information will be properly handled, securely stored and not be shared without authorisation.
4. Building Trust & Collaboration
Contracts and agreements provide a framework for building trust and collaboration between actors and their agents.
You should feel that your contract fosters a mutually beneficial and supportive relationship based on mutual respect, communication, and professionalism.
This looks like:
Communication & Collaboration
Clear details on how often, when and where you will interact with your agent are a must. This ensures you can maintain regular contact to discuss career opportunities, updates, feedback and easily seek input and guidance from your agent when needed.
Feedback & Performance Evaluation
How will feedback and performance evaluation from both sides be shared and implemented?
This is not only about assessing progress and identifying areas for improvement for you as an actor but also for your agent and how they are operating as your representative.
A contract that makes allowances for both parties to share any concerns and enable change is far more likely to serve you well in the long term.
Professional Development & Networking
Will your agent identify opportunities for professional development, training, and networking within the industry? How supportive are your contract terms in relation to being able to attend workshops, seminars, and industry events?
Ensuring you can continue to expand your skills, knowledge, and network, and can stay informed about emerging trends and opportunities in the entertainment industry without contractual restrictions is essential.
The Actors Pulse – Supporting Your Journey To Success
Ultimately, any contract or agreement you enter into as an actor should prioritise legal compliance, clarity and fairness. Wherever concerns are noted, legal advice should be sought before signing and any legal violations should be reported to relevant authorities.
At The Actors Pulse, we have decades of combined, first-hand experience regarding these types of contracts and agreements.
As a trusted partner advocating for their best interests and supporting their artistic endeavours, we encourage all actors to work with agents that uphold the highest standards of integrity.
To learn more or to speak with one of our experienced staff members, call 0414 475 515 today.
Billy Milionis is one of the few Australians to have ever studied under the legendary master teacher, the late Sanford Meisner. Billy has also studied story structure and scene analysis techniques with John Truby and later at UCLA. He has also spent several years doing improvisation in Hollywood with the L.A. Connection. In addition, he trained in the technique of Stella Adler, Practical Aesthetics and Lee Strasberg’s method.