Artist and Parent Terms & Conditions (6-16)
© 2018 Anna Clare Management
Anna Clare Management, in common with other leading agencies, work under strict professional guidelines. On proposing to join Anna Clare Management you accept the following undertakings by Anna Clare Management and the commitment required by the parent(s)/guardian(s) in their own right on behalf of the minor known as the Child/Artist as signified.
Anna Clare Management will:-
1.1 Create promotional documentation/material of your Child/Artist to promote to Producers, Casting Directors, Photographers, Advertising Agencies, Music Companies, TV Production Companies, Marketing Companies, PR Companies and others.
1.2 Make active contact with clients using its best endeavours to secure auditions, placements and bookings for the Child/Artist.
1.3 Endeavour to make contact with the parent(s)/guardian(s) at the earliest opportunity when a request for the Child/Artist is received, providing full details of the booking available, timings, location and fees payable.
1.4 Keep up to date records of the child’s progress and personal details of which you will be liable to supply to us.
1.5 Equally and without favour promote all its registered children/artists. The choice of Child/Artist however is at the sole discretion of the client and not within the control of Anna Clare Management, and therefore Anna Clare Management cannot accept responsibility if the Child/Artist does not perform.
1.6 Artists will be featured on the Anna Clare Management website (live from 1st November, 2018) and across any and all social media platforms, including Instagram, Twitter, Facebook, etc, in the interests of promotion and marketing.
1.7 Undertake a professional photo shoot to give and provide professional shots as required for promotional/presentation materials, and any necessary updates.
1.8 Comply with applicable laws, including data protection laws, and respect the confidentiality of the parents and child.
1.9 Agree with the parent the terms of any agreement with a client before being entered into.
2. THE PARENT(S)/GUARDIAN(S) AGREE(S) TO:
2.1 Make the child available for agreed bookings (and a parent will confirm which bookings are agreed), adhering to the time-keeping requirements of the client.
2.2 Present the child in the condition required by the client and to make sure that the child’s behaviour is correct at all times.
2.3 Inform Anna Clare Management immediately if the child is sick or otherwise unable to attend upon the client, giving where possible 24 hours’ notice by phone and email.
2.4 Notify holiday dates and other such times that the Child/Artist is not available to be selected for bookings.
2.5 Inform the agency of any changes in the personal details of the child; growth, physical appearance (teeth/hair) change of address, telephone numbers; measurement; hobbies and activities.
2.6 Respect the confidentiality of the client and Anna Clare Management at all times.
2.7 The agency will use its best endeavours to obtain the appropriate performance licence to allow your child to perform and our clients are responsible for requesting at the time of booking the Child/Artist. We will need all necessary paperwork to be held at our office to enable this licence to happen (Copy Birth Certificate, Part II Licence application to be completed at the time of each booking of the artist and Passport copies of artist and parent). A school note will be requested giving permission for the child to be absent from school each time we apply for a new Licence.
3. SOCIAL MEDIA
3.1 On social media, our artists are ambassadors for Anna Clare Management. The online actions and profiles of artists, and by extent parents/guardians, reflect not only on the individuals in question but also on the integrity and public image of the agency that represents them. For this reason, we ask that all clients use good judgement and common sense when choosing what to share online and maintain client confidentiality (more information below). Parents of children under 13, in accordance with social media policy, are expected to claim ownership of and manage any and all social media profiles. Parents of children under the age of 16 are expected to monitor account activity. This includes Facebook, Instagram, Twitter, Snapchat, Tumblr, Pinterest etcetera.
3.2 Artists who choose to maintain public social media profiles will be expected to uphold a good level of professionalism and common courtesy towards fellow users at all times. All content must be age appropriate. Swearing or cussing, drinking and/or smoking will not be tolerated. The final say of what is and is not appropriate is down to agreement of the Managing Director of Anna Clare Management and a parent. If you have questions regarding this point, contact Anna by phone or at email@example.com in the first instance.
3.3 Specific to Instagram and Twitter: we encourage artists to name us as their representation in their public profile ‘bio’ so that potential clients can contact us directly.
3.4 We encourage our artists to publicly support (following, liking, commenting etc) each other on social media. As a boutique agency, we love to see ACM clients outwardly acknowledging and celebrating one another’s successes, both off and online.
3.5 Any client enquiries directed to an artist via social media should be forwarded to Anna Clare Management at the earliest possibility. This is to avoid any scheduling conflicts, and also serves as a safeguarding procedure. No commission will be taken by the agent from this work.
3.1 Anna Clare Management is regulated by UK Department of Business Innovation and Skills, and does not charge a registration or joining fee for representation by the agency.
3.2 Anna Clare Management will invoice the client for all child/artist/parent/guardian’s work, and receive all payments for that work. Anna Clare Management takes a 15% agency commission on work booked and paid for our Artists, excluding travel.
3.3 On all ‘VAT-inclusive’ or ‘fixed-fee’ work contracted between the client and Anna Clare Management (mostly BBC work) VAT will be deducted on the agency commission from the Artist’s fees and shown on your remittance. On all other work our clients cover the VAT unless they are in a VAT exempt Country.
3.4 Fees are payable to the Child/Artist for work undertaken and arranged by Anna Clare Management (“Introduced Work”) in accordance with the scale or contract terms agreed with the client. We cannot take responsibility for late or non-payment from our clients but will use reasonable endeavours to ensure prompt payment. In the event of a client defaulting on a payment or going bankrupt Anna Clare Management will not be liable, but will ensure the parent can enforce the agreement with the client directly.
3.5 In the unlikely event that the Child/Artist or its parent(s)/guardian(s) or legal representative are paid by the client or its agent direct for bookings or other fees, Anna Clare Management must be informed immediately so that the necessary invoice is raised. The agency commission which is still payable to Anna Clare Management is then due from the Child/Artist’s parent(s)/guardian(s) or legal representative.
3.6 Commission will be payable to Anna Clare Management on any monies, fees or other consideration received by the Child/Artist’s parent(s)/guardian(s) or legal representative in respect of any Introduced Work
4. TAX LIABILITY - If the Child/Artist earns in excess of the basic tax allowance (please refer to Inland Revenue for the current figure), you are responsible for paying tax.
5. PAYMENT – BACS or Cheque payments will be made payable to the child within seven days after receipt of monies from the client. In some cases our client’s payment terms can be up to 45 days. A Bank Account in the Child/Artist’s name will be required. The law stipulates that at least 50% of the Child/Artist’s gross earnings be saved in their account. The education authority may wish to see the child’s account to verify this being adhered to.
6.1 Anna Clare Management shall be entitled to receive its full commission as detailed herein on any Introduced Work.
6.2 Should the Artist seek to be represented elsewhere, Anna Clare Management shall continue to manage all current and pending Introduced Work.
7. GENERAL CONDITIONS AND TERMS
7.1 This Agreement is entered into between Anna Clare Management and the Child/Artist as represented by the parent(s)/guardian(s) and the Terms and Conditions are deemed to have commenced from the date of signing.
7.2 Anna Clare Management retains the right to cancel this contract without notice if in its opinion; the Child/Artist or the parent(s)/guardian(s) act, perform or otherwise cause distress to the company or its agent and clients or by bringing the company or its agents or clients into disrepute or dispute, or if the parent(s)/guardian fail to keep the agency up to date regularly with the Child/Artist’s personal details (measurements/contact details/hobbies/talents). The Child/Artist’s parent(s)/guardian(s) or legal representative can terminate this agreement/contract by giving 30 days’ notice in writing to Anna Clare Management.
7.4 These terms may only be amended by written agreement of the parties.
8.1 Any actions that must be expressly approved by ACM under this Agreement, may be approved in writing only by the Managing Director of ACM.
8.2 You understand and agree that each provision of this Agreement is independent and severable from the remaining provisions and enforceable accordingly. You agree that if any provision of the Agreement shall be unenforceable for any reason but would be enforceable if part of the wording thereof were deleted, it shall apply with such deletions as may be necessary to make it enforceable.
8.3 You understand and agree that the provisions of the Agreement may only be amended by written instrument executed by both ACM and you.
8.4 You understand and agree that the rights and obligations of ACM may be transferred to its successors and assigns but that on no account may you transfer or assign your rights or obligations under the provisions of the Agreement.
8.5 You agree that ACM may from time to time, in its discretion, and without further permission from you, furnish copies of this Agreement to any client or potential client of ACM, and indicate that you have entered into this Agreement.
8.7 For purposes of this Agreement, "ACM" shall include any company affiliated with, controlled by, controlling or under common control with Anna Clare.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the England and Wales, to the jurisdiction of whose Courts the parties hereto agree to submit.