Parents & Guardians Agreement

This Agreement sets out the terms on which KidsTalent.Agency (the “Agent”) provides work-finding and representation services for a child or young person (the “Talent”). The Parent/Guardian accepts this Agreement for themselves and, where legally applicable, on behalf of the Talent.

1. Definitions

1.1 Agent means KidsTalent.Agency.

1.2 Talent means the child or young person whom the Agent represents for the purpose of seeking Assignments.

1.3 Parent/Guardian means the parent or legal guardian accepting this Agreement and responsible for communications, permissions and decisions concerning the Talent.

1.4 Client means any third party, individual, partnership, company, production company, casting professional or other organisation seeking to engage the Talent.

1.5 Assignment means any proposed or confirmed modelling, film, television, theatre, commercial, voice, photographic, promotional, advertising, entertainment or related engagement for the Talent.

1.6 Representation means the non-exclusive work-finding and agency services provided by the Agent under this Agreement.

1.7 Fees means sums payable by a Client in respect of an Assignment, including where applicable performance, modelling, usage, buyout, renewal and other agreed engagement fees.

1.8 Regulations means the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and other legislation applicable to the Agent’s activities, as amended from time to time.

2. Appointment and Non-Exclusive Representation

2.1 The Parent/Guardian appoints the Agent to provide Representation and to seek suitable Assignments for the Talent.

2.2 The Agent acts as an employment agency and will use reasonable endeavours to introduce or put forward the Talent for suitable opportunities. The Agent does not guarantee that any auditions, castings, bookings, Assignments or earnings will be secured.

2.3 Representation is NON-EXCLUSIVE and NON-SOLE. The Talent may register with, be represented by and accept work through other agencies, subject to honouring any Assignment already accepted through the Agent.

2.4 Spotlight registration does not change clause 2.3. KidsTalent.Agency does NOT require exclusivity for Spotlight. A Talent who uses Spotlight may also have other representation or arrangements, subject to Spotlight’s own current rules and any separate arrangements made by the Parent/Guardian.

2.5 Nothing in this Agreement creates an employer/employee relationship, partnership or joint venture between the Agent, the Parent/Guardian and the Talent.

3. Agent’s Services and Authority

3.1 The Agent will use reasonable endeavours to identify and communicate suitable casting and Assignment opportunities.

3.2 The Agent may submit the Talent’s profile, photographs, showreel, measurements, credits and other relevant professional information to prospective Clients, casting professionals and appropriate casting platforms for work-finding purposes.

3.3 The Agent may negotiate proposed terms with a Client but will not finally commit the Talent to an Assignment without the Parent/Guardian’s acceptance, except to the extent the Parent/Guardian has expressly authorised the Agent to do so.

3.4 Once the Parent/Guardian accepts an Assignment, that acceptance may create binding obligations. The Agent will provide the material Assignment details available to it, such as date, time, location, working hours, wardrobe, restrictions, fees and usage.

3.5 The Parent/Guardian authorises the Agent to invoice for, collect and receive money due in connection with Assignments obtained through the Agent.

4. Parent/Guardian Responsibilities

4.1 The Parent/Guardian confirms that they have authority to enter into this Agreement and to give the permissions reasonably required for the Talent.

4.2 The Parent/Guardian must provide accurate and current information about the Talent and promptly notify the Agent of material changes to appearance, measurements, availability, contact information or circumstances relevant to an Assignment.

4.3 The Parent/Guardian will ensure that portfolio photographs and profile information are reasonably current and accurate.

4.4 The Parent/Guardian will respond to booking and casting communications promptly and will not knowingly accept conflicting Assignments.

4.5 The Parent/Guardian and Talent must behave professionally and courteously and comply with reasonable Client rules, health and safety requirements and safeguarding arrangements.

4.6 The Parent/Guardian must immediately raise any welfare, safety, inappropriate conduct or safeguarding concern with the Client and/or Agent as appropriate. The Talent’s welfare takes priority over completing an Assignment.

5. Child Performance Licences, Chaperones and Education

5.1 Where a child performance licence or other authorisation is legally required, the responsible production/event organiser is normally responsible for applying to the relevant local authority. The Parent/Guardian agrees to provide information and documents reasonably required for that application.

5.2 The Parent/Guardian must not knowingly permit the Talent to work where a legally required licence, exemption, approval or safeguarding arrangement is absent.

5.3 Where required, the Talent must be supervised by their Parent/Guardian or an appropriately approved chaperone.

5.4 The Parent/Guardian agrees to cooperate with reasonable requirements concerning school permission, education, working hours, breaks, medical/welfare information and local-authority licensing.

5.5 The Agent may withdraw the Talent from consideration or an Assignment where the Agent reasonably believes that licensing, safeguarding, welfare or legal requirements have not been met.

6. Assignments, Availability and Cancellation

6.1 The Parent/Guardian should only accept an Assignment where they reasonably expect the Talent to be available for its full agreed duration.

6.2 If an accepted Assignment can no longer be attended, the Parent/Guardian must notify the Agent as soon as reasonably possible. Where practicable, at least 7 working days’ notice should be given.

6.3 Illness, family emergency, safeguarding concerns and other circumstances genuinely outside the Parent/Guardian’s reasonable control will be considered reasonably. The Agent may request reasonable evidence where appropriate.

6.4 Where an accepted Assignment is cancelled without reasonable justification and the cancellation directly causes demonstrable third-party costs, the Parent/Guardian may be responsible for reasonable direct costs to the extent permitted by law. The Agent will not seek remote, speculative or punitive losses.

6.5 If a Client cancels, the Agent will use reasonable endeavours to obtain any cancellation payment contractually due. Any recovered cancellation payment due to the Talent will be dealt with in accordance with the applicable Client terms and the commission provisions of this Agreement.

7. Fees, Commission and Payment

7.1 Unless a specific Assignment states otherwise in writing, the Agent’s work-finding commission is 20% of the gross Talent fee received in respect of an Assignment obtained through the Agent, and the balance is payable to the Talent/Parent/Guardian as appropriate.

7.2 Before an Assignment is accepted, the Agent will communicate the material fee information known to it, including relevant performance/modelling fees and usage or buyout information where supplied by the Client.

7.3 The Agent is authorised to receive Client payments for Assignments obtained through the Agent and to deduct the agreed commission before remitting the balance.

7.4 Where the Agent is acting as an employment agency rather than an employment business, payment to the Talent will normally be made after cleared funds have been received from the Client. Once cleared funds are received, the Agent will account to the Talent promptly and in accordance with applicable legal requirements.

7.5 If a Client pays late, the Agent will take reasonable administrative steps to pursue payment but does not guarantee a Client’s solvency or payment. Nothing in this clause excludes any payment obligation that the law places directly on the Agent.

7.6 Commission remains payable on money received after termination where it relates to an Assignment, usage, renewal, extension or other engagement procured or negotiated by the Agent before termination.

7.7 The Talent/Parent/Guardian is responsible for their own tax, National Insurance and VAT obligations where applicable. VAT-registered persons must provide any valid VAT documentation reasonably required for payment.

7.8 Any different commission, deduction or fee applicable to a particular Assignment must be agreed or disclosed in writing before the Parent/Guardian accepts that Assignment.

8. Other Services and Promotional Charges

8.1 This Agreement governs the Agent’s work-finding and Representation services. Any separately charged service, such as photography, showreel production or another optional service, must be covered by separate written terms where required by law.

8.2 The use of an optional additional service supplied by the Agent or a connected provider will not be made a condition of the Agent providing work-finding services where prohibited by law.

8.3 The Agent will not charge an upfront fee for finding work for a photographic or fashion model, including an upfront fee for placing that model’s details in a publication or website, where such a charge is prohibited by law.

8.4 Any permitted promotional charge for a performer or other entertainment worker will be subject to the applicable statutory cooling-off, approval and refund requirements.

9. Photographs, Profiles, Privacy and Data

9.1 The Parent/Guardian authorises the Agent to use and share the Talent’s professional profile information, photographs, recordings and relevant personal information where reasonably necessary to seek and administer Assignments.

9.2 Work-finding use is separate from general advertising or promotional marketing by the Agent. Where consent is legally required for wider promotional use, the Agent will obtain the appropriate consent.

9.3 Personal information will be handled in accordance with applicable data-protection law and the Agent’s current Privacy Notice.

9.4 The Parent/Guardian must not send the Agent unnecessary sensitive information and must notify the Agent if profile information is inaccurate or should be updated.

10. Direct Client Approaches and Non-Circumvention

10.1 If a Client first introduced to the Talent by the Agent approaches the Parent/Guardian or Talent directly about work, the Parent/Guardian must promptly notify the Agent.

10.2 The Parent/Guardian and Talent must not deliberately bypass the Agent in order to avoid commission on an Assignment or follow-on engagement that results directly from an introduction made by the Agent.

10.3 Clause 10 does not prevent the Talent from working through another agency or independently with persons who were not introduced by the Agent. It is intended only to protect the Agent’s commission on work resulting from its own introduction or negotiation.

10.4 For six months after an Assignment or introduction, commission remains payable on a direct repeat or extension with the same Client where the work arises directly from the Agent’s introduction, to the extent reasonable and enforceable by law.

11. Confidentiality

11.1 The Parent/Guardian and Talent must keep genuinely confidential non-public Client and Agent information received in connection with castings or Assignments confidential, except where disclosure is required by law or is reasonably necessary for professional, safeguarding or legal advice.

11.2 This clause does not prevent the reporting of safeguarding concerns, unlawful conduct or information that is already lawfully in the public domain.

12. Complaints and Client Issues

12.1 The Agent may investigate a Client complaint concerning an Assignment and will give the Parent/Guardian a reasonable opportunity to provide relevant information where appropriate.

12.2 A Client’s complaint does not automatically entitle the Client or Agent to reduce money already legally due to the Talent. Any adjustment will depend on the applicable contract and law.

12.3 Where proportionate, the Agent may pursue an unpaid Client debt. Any proposed deduction from money otherwise due to the Talent for exceptional external recovery costs must be lawful, transparent and agreed or otherwise permitted by the applicable terms and law.

13. Liability

13.1 Nothing in this Agreement excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

13.2 The Agent is not responsible for the independent acts or omissions of Clients, casting professionals, venues, production companies or other third parties, except to the extent the law provides otherwise.

13.3 The Agent does not guarantee the number, value or frequency of opportunities or Assignments.

13.4 Any liability limitation will be interpreted subject to applicable consumer, employment-agency and other mandatory law.

14. Termination

14.1 Either the Parent/Guardian or the Agent may terminate Representation at any time by giving 30 days’ written notice by email or other agreed written method.

14.2 Either party may terminate immediately for a serious breach that cannot reasonably be remedied, or for a safeguarding or welfare reason requiring immediate termination.

14.3 For a material breach capable of remedy, the affected party may give written notice requiring the breach to be remedied within 14 days. If it is not remedied within that period, the Agreement may be terminated immediately.

14.4 Termination does not cancel an Assignment already accepted unless the Client and Agent agree or there is a legitimate legal, welfare, safeguarding or other reasonable basis for cancellation.

14.5 Termination does not affect accrued rights, money already due, or commission properly due under clause 7.6 or clause 10.

15. Notices

15.1 Routine and contractual notices may be given by email. The Parent/Guardian must keep their email address current. Notices to the Agent may be sent to info@kidstalent.agency unless the Agent notifies the Parent/Guardian of a replacement address.

15.2 A notice sent by email will normally be treated as received on the day of transmission unless there is evidence of failed delivery.

16. General

16.1 This Agreement contains the terms governing Representation and supersedes earlier representation terms between the parties, except for any separate Assignment-specific terms or separate optional-service agreement.

16.2 A variation to this Agreement should be recorded in writing.

16.3 If any provision is held invalid or unenforceable, the remaining provisions will continue in effect.

16.4 A failure or delay in enforcing a right does not waive that right.

16.5 The Parent/Guardian may not transfer their obligations under this Agreement without the Agent’s written consent. The Agent may make reasonable administrative arrangements for its business provided this does not remove statutory protections.

17. Governing Law

17.1 This Agreement is governed by the law of England and Wales.

17.2 The courts of England and Wales will have jurisdiction, subject to any mandatory legal rights that provide otherwise.

18. Electronic Signature and Acceptance

18.1 This Agreement may be accepted and signed electronically. An electronic signature or other electronic acceptance intended to authenticate this Agreement may be treated as evidence of acceptance to the extent permitted by law.

18.2 By signing, the Parent/Guardian confirms that they have read and understood this Agreement, have had the opportunity to ask questions or seek independent advice, and agree to its terms for themselves and, where legally applicable, on behalf of the Talent.