Shack Artists is a member of The PMA. Below is an explanation of our terms and conditions of representation.
GENERAL TERMS OF AGREEMENT
Our agreement confirms and establishes the recognition and acceptance of both parties that the client is represented as a performer in film, television, advertising, radio, theatre, live appearances, internet or any other media now known or devised after the date of the agreement; including merchandising, commercial tie-up rights and advertising, throughout the world from the date of the agreement.
The client nominates SHACK ARTISTS as their sole theatre, television and film agent, including all concerts and live performances whilst this agreement is in force.
The Agency will:
Use best endeavours to represent the Artist and advance the interests of the Artist;
Advise the artist in all matters relating to the artist’s career in the Entertainment Industry;
Use best endeavours to obtain auditions for the Artist in the Entertainment Industry
Represent the Artist in a proper and business-like manner;
Advise on general practices in the Entertainment Industry;
Maintain an awareness of payments and terms of engagement afforded to performers throughout the industry;
Use best endeavours to negotiate the best possible terms of engagement for the Artist;
Remit to the Artist within 10 days of receipt all monies due as collected after deduction of the Agent’s Commission (plus VAT @ 20%), any other amount required to be deducted by law and any other expense incurred on the artist’s behalf and with the artist’s prior consent.
Engagements may find their way to the client directly, in which case, the client undertakes to inform the agency, and the agency will conduct negotiations, with the appropriate commission being payable.
COMMISSION AND PAYMENT
The agency will be entitled to commission from all fees earned by the Artist at the following rates:
Live theatre: 10% (+ VAT)
Film, Television, Radio, Commercials, Stills, Modelling and all other media: 20% (+ VAT)
The Artist consents to the Agency deducting expenses:
a. Incurred by the Agency in obtaining reproductions of photographs on behalf of the Artist;
b. Incurred by the Agent with respect to a foreign currency receipt into the Agent’s trust account on behalf of the Artist.
The artist undertakes to conduct themselves in a professional manner and to be punctual for all appointments and any calls upon their services. They undertake to maintain their own and the agency’s reputation by conscientious preparation for any performance or audition.
The artist will provide the agency with publicity material, including a “head-shot”, taken by an agency-approved professional photographer.
Additionally THE ARTIST:
Will not enter into any agreement for the same or similar representation services as provided by this agreement with any third party during the term of this agreement;
Will refer all requests for the provision of the Artist’s services in the Entertainment Industry to the Agency;
Authorises the Agent to receive and process all monies owed to the Artist for services performed by the Artist in the Entertainment Industry;
Will read contracts before signing and seek advice if he/she does not understand any provision;
Will remit to the Agent the Agent’s Commission from any monies sent to the Artist (or any other party) with respect to the provision of the Artist’s services in the Entertainment Industry within 14 days of receipt by the Artist.
Will ensure that all payments to be made to the Artist under Contracts including but not limited to residuals, will be made to the agent;
Will advise the agent prior to accepting any engagement in the Entertainment Industry;
DURATION AND TERMINATION
The appointment of SHACK ARTISTS shall come into effect from the date of this contract. There is no minimum or maximum period of representation explicit in this agreement. Written notice is required by either party to terminate the agreement. Examples of reasons for termination of the agreement by SHACK ARTISTS would be as follows:
Gross misconduct by the Artist that brings the Artist or the Agency into disrepute. This may result in immediate termination.
Repeated failure of communication by the artist could result in termination of this agreement. Examples of this include: failure to respond in a timely manner to phone-calls, emails or other communications; failure to act on agency advice relating to professional development; failure to keep agent informed of availability. It is understood that this clause relates only to repeated failures, and not to occasional lapses.
Shack Artists are members of the Personal Managers Association (PMA) and adhere to the PMA Code of Conduct. Any dispute arising between the Artist and the Agency in the first instance will be settled by reference to this.
In the unlikely event of any dispute being unreconcilable through the auspices of the PMA, this Agreement shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
NOTES - TO BE USED IN CONJUNCTION WITH ARTISTS AGENCY AGREEMENT
Commission split between Former and Current Agents
When a client informs his or her agent of their wish to terminate their representation by that agent, it is the former agent’s responsibility to put in writing to the new agent (wherever possible within 5 working days and, in any event, within a maximum of two weeks) the following information:
the detail of all current/ongoing client contracts (which shall include option, extension and/or renewal provisions);
a list of all submissions (including availability checks) made on behalf of the client up to the date of termination, specifically the role(s) the client has been submitted for, and to whom, and whether a meeting has been arranged, or has occurred. Where the submission/availability check cannot be substantiated with documentary or other supporting evidence the former agent must accept that any claim to commission may be unsustainable;
and the new agent shall acknowledge receipt of the above and make known any queries within two weeks. Original copies of contracts held by the former agent are the property of the client and should be released in accordance with the client’s reasonable written instructions. In negotiations undertaken by the new agent in relation to a project where commission is due to the former agent all details must be divulged in writing if requested.
TELEVISION and FILM
The former agent is entitled to all commission due on contracts concluded by them including Options. (Option: a legally binding agreement whereby a company may exercise a right to engage a client on pre-negotiated terms.)
The former agent is also entitled in perpetuity to commission due on all repeats, residuals, overseas sales and any other income directly derived from any contract concluded before termination at the level of fees negotiated by the former agent (including where relevant as increased by Equity on their members’ behalf).
In the event such fees are re-negotiated by the new agent then the new agent will be entitled to 100% of all commission on the balance between the original and the newly re-negotiated fee.
In the event that an offer has been made, but no terms have been negotiated or the client moves mid negotiation then the former agent shall be entitled to all commission due on the engagement even though the terms of the relevant contract may be wholly negotiated by the new agent and the sunset provisions in note 6 below shall apply thereafter.
The former agent's commission rate shall apply (plus VAT as appropriate) wherever monies are due to the former agent under these notes.
SUNSET PROVISIONS That is, where a client continues in role beyond the former agent's contracted entitlement:
6.1. Where the former agent has negotiated Option(s) for a Series they would get 100% of the commission on the fees they negotiated for optioned series; the new agent would get commission on any uplift they manage to negotiate.
6.2. For the first role reprisal / series / continuation of franchise ('outing') post options, the former agent shall be entitled to 75% for the first outing, 50% for the next, 25% for the next, and 10% thereafter in perpetuity.
6.3. Where no options had been negotiated the former agent shall be entitled to 75% commission for the first outing negotiated by the new agent, 50% for the next, 25% for the next, and 10% thereafter in perpetuity.
6.4. Where the former agent submitted the client for a role but no meeting has been achieved, the former agent shall receive 100% commission for the first outing, but no commission thereafter.
6.5. Commissions due to the former agent on repeat fees, overseas sales and other residuals in connection with the Series shall remain payable to the former agent pro-rata in perpetuity.
6.6. Long running series: If a client returns to a role within 2 years of having left a long running series (having changed agents in the interim) the sunset provisions shall apply upon returning. Thereafter, the former agent shall receive 10% of their original commission in perpetuity.
8.1 The former agent shall be entitled to all commissions due on existing theatre contracts for the run of the production and on any contract for the same production if an extension or transfer occurs within twelve months of the end of the original term agreed by the former agent.
8.2 If a client returns to a production in the same role after twelve months, the former agent shall receive 10% of their original commission for this production and in perpetuity.
8.3 Where the former agent submitted the client for a role and arranged a meeting or where the role was offered without a meeting 100% commission is due to the former agent for the length of the original contract and any extensions/reprisal under 8.1 shall apply.
8.4 Where the former agent submitted the client for a role but no meeting was arranged the former agent is due 100% for the length of the initial contract only.
TV (or CINEMA) COMMERCIALS
9.1 The former agent shall be entitled to all commissions due on any commercial arising from his or her duly notified submission together with commission due on any income directly derived, from overseas sales, cinema and stills usage. If fees for such additional usage are negotiated by the new agent, then the former agent shall still be entitled to 100% of the commission due from such negotiations.
9.2 The 'life' of a TV commercial is usually limited by contract. If the advertiser wishes to renew the contract and the client wishes the new agent to re-negotiate the contract, then the new agent shall be entitled to commission only on the balance between the original fee and the re- negotiated fee together with commission pro-rata due on any income directly derived therefrom.
9.3 In the case of a campaign of commercials, the former agent will continue to receive their commission in perpetuity save for the new agent will receive commission on any uplift they negotiate.