ACTRA Alberta Code of Ethical Conduct for Talent and Background Agents

Based on the Entertainment Industry Coalition (EIC) Code of Ethical Conduct and Talent Agent & Managers Association of Canada – (TAMAC)

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, 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.’

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. The Agency will not charge more than the industry norm of 15% of the performer’s gross earnings for recorded productions, nor will the agency charge a monthly or yearly fee. The agency will not charge any fee or penalty in the case of the termination of the client–agent agreement.
  2. An agent will represent all clients in good faith. An agent will maintain records and such materials necessary to conduct business and function as an agent.
  3. The agent will supply the client with a copy of any backup supplied by the production. i.e.: time reports or remits.
  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 may NOT be a condition of representation that an agent specifies a photographer, school or any other service provider for the client. An agent will not have financial interest in any offered professional services, nor be paid fees or kickbacks by any service provider.
  6. An agent will not advertise to the general public for the purpose of soliciting clients.
  7. An agent will not audition or accept employment as a performer.
  8. An Agent or any of their clients may not actively recruit additional clients on set, or at any production function.
  9. An agent or designate will be available, at all reasonable hours, for consultation with the client.
  10. An agent will make all records pertaining to a client available to the client on a regular business day upon forty-eight hours notice.
  11. An agent will not co-mingle moneys belonging to clients with moneys belonging to the agent but will keep such moneys in a separate account which may be known as a ‘clients’ account’ or ‘trust account’.
  12. An agent will pay each client his or her share of all moneys received on behalf of the client in a timely manner. All moneys belonging to the client received by the agent shall be faithfully accounted for by the agent.
  13. An agent will inform a new client that commission due to a former agent be kept current.
  14. An agent will use all reasonable efforts to assist the client in procuring employment and will inform the client, upon request, of any and all activities undertaken on the client’s behalf. As well, an agent will recognize and uphold the client’s prerogative to refuse any and all employment opportunities offered.
  15. An agent will make no claims or guarantees of employment.
  16. 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.
  17. An agent will negotiate terms and conditions of any employment opportunities offered, in consultation with the client.
  18. An agent will never encourage a client who is an ACTRA member to accept non-ACTRA work.
  19. An agent will never discourage in any way clients from joining ACTRA as either an Additional Background Performer, Apprentice, or Full Member.
  20. Harassment and bullying affects individuals and will not be tolerated. Respectful and professional conduct is expected in all interactions involving clients, agents, ACTRA representatives and any production personnel.
  21. Should a client of the Agency make a written complaint which demonstrates that the Agency has violated or undermined any of this Code, the Agency may be removed from the website after an investigation by ACTRA Alberta.

Last updated: June 27, 2018