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Modelling Agreements

Expert, affordable, quick, modelling agreements

 

PAIL® Solicitors offer bespoke contracts for setting up model agencies, and advice for disputes with model agencies including employment matters and intellectual property and breach of contract cases between agencies and models.

What is Modelling Law?

Modelling law are a number of laws, regulations and rules of conduct within the model industry that all agencies follow in the UK model industry.

What are the Laws and Regulations?

Modelling Agency Start-Up

Modelling Agency Start-Up

 The following list of laws is by no means exhaustive but is meant as a mere guide or starting point:
 
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Agency Regulations)
The Employment Agencies Act 1973 (the 1973 Act) The National Minimum Wage Regulation 1999 The National Minimum Wage (Amendment) Regulation 2011
The European Working Time Directive 93/104EC
The European Young Workers Directive 93/33EC
The UK Working Time Regulations 1998 and 1999
The Working Time (Amendment) Regulations 2003
The Health and Safety at Work Act 1974
The Sex Discrimination Act 1975
The Race Relations Act 1976
The Disability Discrimination Act 1995
The Employment Equality (Sexual Orientation) Regulations 2003
 The Employment Equality (Religion or Belief) Regulations 2003

The Agency Regulations

Responsibility for UK business and employment laws comes under the remit of the Department for Business Innovation and Skill (BIS). The Employment Agency Standards Inspectorate (EAS) enforce the Agency regulations under the auspices of the BIS.
 
Under section 5(1) of the Employment Agencies Act 1973 the 2003 Regulations were made to “secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons availing themselves of the services of such agencies and businesses”. The Agency Regulations consist of 7 parts, six schedules and an explanatory note. The Agency Regulations treat employment businesses and employment agencies differently.
 

Modelling agency start-ups

Modelling agency start-ups

What Are Model Agencies?

 
Model agencies are employment agencies. Their primary function is to find bookings and negotiate contracts of employment on behalf of a model or talent, who is a self-employed independent business (the client model) with the people that use models (the hirers). Regulation 9 of the Agency Regulations is of particular importance since it requires the specific identification of an agency as either an employment agency or an employment business.
 

Child Models

 
Child models have additional regulations which are explained in our article on child modelling.
 
A model agency is unlikely to be both, but theoretically, it could be if it is carrying out activities that fall under the definition of an employment business.


Action

 If you are a model when you receive a modelling agreement review it against the Agency Regulations. If you are a model agency ensure you are an employment agency.
 

Seek legal assistance

 
For expert, quick and affordable modelling advice including on trademarks, TV, music and all types of modelling and media advice contact our modelling lawyer using the above form or by email at peter@pailsolicitors.co.uk or on 0207 305-7491 charge rates may apply and may vary).