Agents, managers, and licensing
Agents and managers do different jobs, and the law treats them differently. In New York, a business that procures work for performers is generally treated as a theatrical employment agency that must be licensed, while managers whose booking activity is only incidental to their advisory role are treated differently. California has its own, stricter regime for talent agencies, and a representative operating there without a license can put commission claims at serious risk. Some unions also have agreements governing agents who represent their members. Whether your representative is properly licensed for what they actually do can affect what you owe them.
Commission, term, and sunset clauses
The agreement should state the commission rate and the income it applies to, including whether it covers endorsements, royalties, or work you found yourself. Term matters as much as rate. Many agreements let the representative keep earning commission on deals made during the term even after the relationship ends, and a sunset clause can reduce that over time. A key-person clause lets you leave if the individual you signed with departs the agency or management company. Be cautious with terms that give the representative power to sign contracts or collect payments in your name, and ask for regular accounting if money passes through them first.
Reviewing or ending the relationship
Before signing, we review the scope of services, commission base, term, termination rights, and post-term commissions, and whether the representative's licensing matches the role. If the relationship is ending, we look at what notice the agreement requires, which deals generate continuing commission, and whether money is owed in either direction. Bring the agreement, any side letters, payment statements, and the deal documents that commission is being claimed on. Depending on where you work, disputes between talent and representatives sometimes have to go through arbitration or a state labor agency before court.
