Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did the agent organise the audition that led to this job?
Yes he did
When you say the contract ended last summer, how did that happen, was it for a specific period?
Yes it was a one year contract, I don't know why the agent didn't ask for it to be renewed but my son is a bit naive and did not think to ask.
is the agent asking for the fees now?
My son is just about to sign the contract for the new group and wonders if he has to include his agent on it.
How did payment usually work?
The agent got the payment and deducted his fee.
The initial contract may have officially terminated but an implied contract could have then been created and continued to apply, even if there was nothing in writing. For example, if the agent had continued to provide his services and your son had continued to accept them and be exposed to employment opportunities as a result, it is likely that some implied contract existed and that there was a service still being provided, which could attract some payment if it met the ‘usual’ terms, such as a situation that would have normally attracted payment under the original contract had taken place.
However, if the agent is not asking for any fees at present then he could potentially leave the matter to one side and see how things develop. It I not illegal to simply not pay the agent, especially if there was no defined contract in place and if he requests that he is paid then the simplest way to resolve this would be to pay him. But unless he asks for the money then he could consider delaying payment as the request may never come and he would then not have to pay him.
Does that mean that the agent could ask for payment anytime in the future, my son is due to sign a two year contract for the singing group.
potentially yes, for example if he finds out about this and believes he should be paid then he could claim at some point in the future. The tie limit for making a court claim is actually 6 years so it could happen at any point until then
My son has given three months notice to 'quit' with his agent so does the above stand for the whole two years of the contract with the singing group? Also, sorry to elongate this, if my son re signs to the group after the initial two year contract, is he still tied into this agent because he got my son the original audition?
when did he issue the notice?
A few days ago. This was after he was accepted for the group.
well would he have been entitled to just a one off fee in normal circumstances or a continuous payment?
that would really depend on what the usual practice would have been, perhaps it is something that may be mentioned in the original contract. However whilst future involvement will be limited as the notice expires, he may have an argument that for this job he may be entitled to the continuous payments because he did get the original audition, although that does depend on whether he still has to do anything further or if the audition is all that he was required to do to get the payments
The agent has nothing else to do now, he only had to put my son forward for the auditions.
then his work is done so there is indeed the potential that he could claim for the full length of the contract. Had he been required to do other work, which he would not have been able to due to being served with notice, then continuous payments could have been challenged
Ok I think I have that, can you just confirm ~ if my son signs another contract when his two year contract with the group expires [and he is no longer with his present agent] can the agent claim anything then?
I mean can the agent claim on the next contract for the singing group?
it is best to try and leave a small gap in between so that he can argue these are two different contracts rather than just an extension of the initial one
Thank you, XXXXX XXXXX you have answered all my questions, I really appreciate it.
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