California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 3 - Employment Agencies › Article 1 - General Rules and Regulations for Artists' Managers › Section 12001 - Form of Talent Agency Contracts-General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any contract in writing to be entered into between a
						talent agency and an artist wherein the talent agency agrees to act or function
						as such for, or on behalf of the artist, shall contain in words or substance in
						addition to any other provisions set forth therein, each of the following
						provisions:
(a) A provision stating
					 the term of employment of the talent agency by the artist or a blank space for
					 the insertion of said term.
(b) A
					 provision containing a blank space for the insertion of the compensation or
					 rate of compensation to be paid by the artist to the talent agency which
					 compensation shall not exceed the maximum compensation or maximum rate of
					 compensation set forth in the schedule of fees filed with the Labor
					 Commissioner by the talent agency. Said talent agency contract may provide for
					 the payment of compensation after the termination thereof with respect to any
					 employment contracts entered into or negotiated for or to any employment
					 accepted by the artist during the term of the talent agency contract, or any
					 extensions, options or renewals of said employment contracts or employment.
To be entitled to the payment of compensation after
						termination of the contract between the artist and the talent agency, the
						talent agency shall be obligated to serve the artist and perform obligations
						with respect to any employment contract or to extensions or renewals of said
						employment contract or to any employment requiring the services of the artist
						on which such compensation is based.
(c) A provision that the talent agency may
					 advise, counsel or direct the artist in the development or advancement of his
					 professional career.
(d) A
					 provision that the talent agency shall, subject to the availability of the
					 artist, use all reasonable efforts to procure employment for the artist in the
					 field or fields of endeavor specified in the contract in which the talent
					 agency is representing the artist.
(e) A provision that, in the event of the
					 failure of the artist to obtain employment or a bona fide offer therefor from a
					 responsible employer, in the field or fields of endeavor specified in the
					 contract in which the talent agency is representing the artist, for a period of
					 time in excess of four consecutive months, such failure shall be deemed cause
					 for the termination of the contract by either party; provided, however, that
					 the artist shall at all times during such period of four consecutive months be
					 ready, willing, able and available to accept employment and to render the
					 services required in connection therewith. Notices of intention of either party
					 to such a contract to terminate same must be given in writing to the other
					 party to such a contract directed to the last known address of said party. In
					 the event the artist accepts employment prior to any written notice of
					 termination, said right of termination is deemed waived as to all past periods
					 of unemployment but not as to future four consecutive months of
					 employment.
(f) A provision that in
					 all cases of controversy between a talent agency and an artist arising under
					 the Labor Code, or under these Rules and Regulations, relating to the terms of
					 the contract, the parties involved therein shall refer the matters in dispute
					 to the Labor Commissioner or one of his duly authorized agents to be
					 determined, as provided in Section
					 1700.44 of the
					 Labor Code. However, such a provision need not be inserted in contracts
					 governed by the provisions of Section
					 1700.45 of the
					 Labor Code.
1.
						Amendment filed 7-20-89; operative 8-19-89 (Register 89, No. 30). For prior
						history, see Register 84, No. 11.
Note: Authority cited: Section
						  1700.29, Labor
						  Code. Reference: Section
						  1700.23, Labor
						  Code.