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 ID: 228669 Posts: 87 | Date: 2008-01-30 19:40 "Upfront fees are illegal." -- "Tips on finding a reputable agent," The Consumer
Guide to Modeling and Talent Agencies by New York City Consumer Affairs
Extensive research has shown the common denominator in almost all modeling scams
is upfront fees.
Precedent lawsuits against modeling companies by federal and state government as
well as individuals have invariably been filed against those which charged
upfront fees.
Research into U.S. laws to protect consumers has shown almost every modeling
agency law, regulation or rule ever enacted in America prohibits upfront
fees.
One of the most recently enacted entertainment industry laws was drafted by a
former child actress, who introduced the Advance-Fee Talent Services law. Sheila
Kuehl did so at the request of Los Angeles City Attorney James Hahn, because his
office had prosecuted modeling/talent scams cases in which "hundreds of parents
paid millions of dollars in advance fees to frauds that promised that their
children would become stars."
Attorney James Hahn explained scams thrived in the past because state "laws did
not specifically address advance-fee talent services, thereby resulting in
uninformed parents susceptible to illusory promises."
In the U.K., according to a published news report, "A proposed British law would
make it illegal for a model or entertainment agency to charge people an upfront
fee."
Therefore the most simple test, the most important issue, and the first question
to ask in determining whether or not a modeling company is legitimate is: Are
there any upfront fees?
The Federal Trade Commission, which prosecutes bogus modeling and talent
agencies warns: "Be suspicious if a company requires an upfront fee to serve as
your agent."
The New York State Department of Consumer Affairs, which gives licenses to
talent agencies, says: "Simply put, legitimate model and/or talent managers do
not require or request upfront fees."
The New York State Consumer Protection Board issued a press release warning
about one company which was charging upfront fees, saying, "Top modeling
photographers won't charge clients for photo sessions until models get their
first modeling paycheck." In other words, no upfront fees.
The criticism leveled against the same company by Libby Stone, an industry
professional and the president of a modeling guild, was: "What these people do
is travel across the country, stay in fancy hotel rooms, advertise and get a
bunch of people excited and take their money up front."
The South Florida Business Journal reported the same criticism was made against
the It International Talent agency's parent company: "They paid upfront fees to
the agency's parent company, Models Direct, but did not get any work in return.
It's a complaint heard about modeling agencies in general, both in Europe and
the United States."
The BBB said:
Virtually all successful models and actors work through managers, and generally
use a talent agency that does not charge a fee payable in advance for screen
tests, photographs, acting or modeling lessons or other services. If you are
signed as a client by a licensed talent agency, you will pay such agency nothing
until you work and then a percentage of your earnings as a performer - - BUT
NOTHING IN ADVANCE. Current California Labor law mandates that ONLY a licensed
Talent Agent can book work for clients and charge a fee for that service. So, be
cautious of companies that place "Help Wanted" ads for models or actors, which
usually state "No Experience Necessary", and then ask for advance fees of any
kind.
SAG, the Screen Actors Guild, offers very similar advice for aspiring actors. In
their FAQ, they asked, "What is the difference between a legitimate talent
agency and one whose purpose is to separate you from your money?" Their
answer:
The legitimate talent agency does not charge a fee payable in advance for
registering you, for resumes, for public relations services, for screen tests,
for photographs, for acting lessons, or for many other services used to separate
you from your money. If you are signed as a client by a legitimate talent
agency, you will pay such agency nothing until you work and then 10 percent of
your earnings as a performer — but nothing in advance.
Industry professionals echo the same views.
Natasha Esch, as president of Wilhelmina, one of the top New York modeling
agencies, wrote the following in her book, The Wilhelmina Guide to Modeling:
The importance of securing legitimate and responsible representation cannot be
emphasized enough. Agents who ask you for money up front -- whether it be for a
photo session, composite, head sheet or any other promotional tool -- should be
avoided. A reputable agent will not ask you for money until you are making money
-- booking work as a result of the agency has made for you. That is the time to
invest in a composite and in the agency book and head sheet. Even then you will
probably not be asked for funds up front. These promotional expenses will be
deducted from future paychecks.
Margaret Pelino, a booking agent at the famous Ford Modeling Agency in
Manhattan, warns: "Be leery if an agency or individual asks for money up
front."
Rhonda Hudson, President of The Models Guild in New York, said: "The really big
red flag is when they start asking for money up front."
The American Guild of Variety Artists (AGVA) said: "Beware of agents demanding a
fee before you can work. Never pay a fee in advance to any agent or manager."
Michael Harrah, Personal Manager and former Conference of Personal Managers
Secretary, said: "If a personal manager asks for money up front -- run the other
way!"
Gerard W. Purcell, President of the National Conference of Personal Managers,
clearly warned: "Any time a personal manager asks for any money up front for
anything -- including photos, vocal or acting classes, video resumes, etc. --
consider that person unscrupulous."
Sarah Doukas, the Managing Director of Storm Model Management, a top London
model agency, is one of the most successful and respected agency owners. She
discovered Kate Moss and represents other supermodels. With over 20 years of
modeling industry experience, Ms. Doukas is even more emphatic: "Never, ever pay
money upfront for anything."
Dott Burns, the late owner of the Dotts Burns Talent Agency, helped launch the
careers of such famous women as Delta Burke and Marla Maple Trump. She ran her
agency for 28 years in Florida and worked for more than 35 years in the
industry. A few years before she died, in an article called "Breaking into
Showbiz: Dott's Do's and Dont's," she said: "Don't ever pay 'up front' for an
agent or a job. Never!"
Letter from Consumer
April 21, 2003
About 10 months ago, I was looking for an agency to represent my daughter
(stunning). I called Soleil Model and Talent Management to set up a meeting.
They told me to come on in and talk to a representative.
So I meet with a rep, and she told me that I would have to pay $300 for pictures
and another $300 to $500 for the website.
I sounded interested, and she said that they would be willing to represent my
daughter.
I told them thanks, but I needed to think about it.
I decided to forget about it since I didn't have $600 at the time.
That was ten months ago.
Then yesterday my husband was at the grocery store with my daughter and was
approached by a scout from Soleil and was told we should bring her in.
So this morning I decided to do some research, and found your website. I found
it very informative and helpful.
So tonight we went to Soleil for what seemed like a recruitment seminar.
After the spiel about how great the company was, and how much money it would
cost to get started, the rep wanted to meet one-on-one with everyone. So it was
our turn to meet with her.
As soon as we went in, the rep was very upbeat and started on the same path as
the rep that I had spoken with earlier. So I knew where she was going with
it...
I shouldn't have said anything (I have an impatient mouth), but I did. I told
her that I had done some research, and knew that there should be no upfront cost
for pictures, etc., if the company decides to represent.
As soon as I said that, her attitude changed, and she said that there really
isn't a market for younger children, and that we should try later and try other
agencies.
I'm definitely under the impression that if I wouldn't have said anything about
upfront fees, she would have said she would represent my daughter, just as the
other rep had done earlier when I was okay with the money issue.
Thanks,
April in Salt Lake City
Modeling Industry Standardhttp://www.onemodelessencelimited.com |
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