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.
Notes
Cal. Code
Regs. Tit. 8, §
12001
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.
1. Amendment filed
7-20-89; operative 8-19-89 (Register 89, No. 30). For prior history, see
Register 84, No. 11.
