Actors Beware of These "Manager" Contracts!

When it comes to the profession of representing talent the profession of personal manager is unfortunately the most fraught with shady characters. Individuals operating scams that at worst defraud actors. At best create a lopsided arrangement. One that is less an advisor-n-artist partnership but where the “manager” is a self-serving predator. Managers are not regulated by actor unions and/or local and state government oversight as are agents. Yes, there are reputable, respected managers. Their industrious support of actors is overshadowed by opportunists tagging themselves unjustly as a “personal manager.”

The largest red flag demarcating a “manager” of questionable integrity from a reputable personal manager is the ethically challenged “manager’s” manager-actor contract.

Answers for Actors reviewed one such eyebrow raising manager-actor contract littered with dubious clauses. Binding terms that are not in the best interest of the actor.

For identification purposes this management’s operation will be given hereinafter the fictitious moniker Management Extraordinaire: M.E. as an abbreviation.

Answers for Actors calls, B.S. on such a broad, and open clause.”


Actors beware of the following.

Commission:

First some good news. Some industry respected managers collect 10 percent commission on actor salaries derived from projects of which the actor participates as talent. It’s the same percentage that agents collect as regulated by performing artists’ unions. A larger number of managers collect 15 percent. Not so good news? Being that there is no government or union regulation or oversight of managers a manager can collect whatever percentage they choose, that an actor is willing to sign away. Management Extraordinaire collects 20 percent. Above the norm. An actor going into an agreement with a manager should not part with more than 10 – 15 percent commission.

To Management Extraordinaire’s credit—unlike one greedy “manager”—they don’t collect commission from the actor’s survival job(s).

Bilking the Actor:

Slipped slyly into Management Extraordinaire’s terms for commission is this:

“Artist agrees to pay or reimburse Manager for all out-of-pocket expenses which Manager incurs from time to time on behalf of Artist.”

Answers for Actors calls, B.S. on such a broad, and open clause. The “manager” could claim anything as “out-of-pocket expenses.” Agents are not permitted to invoke such a swindle.

Later in the contract Management Extraordinaire hits the artist again for reimbursement of operating expenses—which in any above-board representation firm are covered by the representation’s income that is earned commission. But M.E. is greedy:

“Pursuant to Manager’s Model’s Loan Agreement, Artist shall reimburse Manager for all costs incurred on behalf of Artist. Such costs, among others, include, messenger fees, comp cards, portfolios, web site charges and other such charges pertaining to the management and representation of a model.”

A franchised talent agent in Philadelphia had a similar scheme of charging actors for web site fees, office expenses and alike. Answers for Actors exposed the agent’s actions to Actors’ Equity Association, and SAG-AFTRA. The agent was instructed to cease and desist or lose their agent franchise agreement. Unfortunately with managers, no such Sword of Damocles can be held over the enterprise of the manager. If the actor signs a contract with a “manager” that has these types of soaking-the-actor-for-more-monies clauses—the actor is not the victim but the fool.

Fees:

Management Extraordinaire—like a bank manufacturing fees at whim—finds more ways to profit off of the actor with the following:

“Artist is aware and agrees that Manager is entitled to receive a service charge for any and all of the Clients who utilize Artist’s Services.”

Basically M.E. is attempting to additionally proffer with a service charge billed to producers who hire the actor. B.S. flag again. M.E. successfully asking for and receiving a service charge from producers is highly unlikely. Possibly, Management Extraordinaire negotiates a salary for the actor taking 20 percent commission plus an additional, undisclosed, amount from the salary as well earmarked as the “service charge.” How could they do this without the actor knowing more money has been deducted? The deception begins in an earlier clause in M.E.’s manager-actor contract.

M.E.’s contract gives the company power of attorney to “collect and receive monies on Artist’s behalf, to endorse Artist’s name upon and deposit same in Manager’s account with any bank, and to retain there from all sums due Manager at any time.”

The actor never receives monies directly from a producer. M.E. could be telling the actor that the producer has agreed to pay the actor $600 per week. But actually M.E. negotiated that the producer pay a higher amount. M.E. doesn’t disclose the higher amount to the actor, and since monies go directly to M.E.’s bank account, M.E. skims off the excess as the “service charge.” Plus, the 20 percent commission. The actor is never the wiser.

Manager as Loan Shark:

From M.E.’s manager-actor agreement:

“Artist hereby assigns to Manager the proceeds of all assignments performed by Artist, against which advance payment is made by Manager to Artist. Upon completion of this Agreement and pursuant to the terms of Manager’s Pay and Personal Loan Policy Agreement, advance payment is made if and only if vouchers are presented to Manager immediately after said assignments and are duly completed and signed by Client and Artist. If, in accordance with Manager’s voucher system, Manager does not receive a collection within three (3) months, Artist will upon request reimburse Manager for the sums advanced to Artist. Manager will take all reasonable steps to collect the amounts due with respect thereto. The risk of collection, in connection with Artist’s vouchers, and the legal costs thereto shall be borne entirely by Artist.”

Basically M.E. is loaning out to the actor the anticipated income from a booking. This should never be a consideration. With union projects, a bond is required of the producing organization. Some sum due to the actor is guaranteed. With M.E.’s inclusion of this clause it means that historically M.E. has booked their past or existing actors with likely non-union entities that stiffed talent on payment. And in those instances the actor paid to the manager the monies never received from the booking(s).

If I State in Writing I as Your Manager Can Not Manage or Negotiate Your Deals—But I Negotiate Anyway—I Can’t Be Violating the Law, Right?

M.E. is trying to be clever and coy stating in the contract they’re not really part of job procurement for the actor. But M.E. lacks grammatical dexterity to cover their ass that they are negotiating:

“Artist shall advise Manager of all offers of assignments submitted to Artist with respect to modeling and will refer any inquiries concerning Artist’s services to Manager. Artist acknowledges that Manager is not an “artist manager” under the labor code of New York or an employment agency in any jurisdiction, and Manager shall not be required or expected to obtain offers of employment for Artist.”

There are, reputable, transparent, well-regarded personal managers. The contractual abuses highlighted here should not deter actors from seeking a manager. If a contract—with these or similar terms—is presented the actor must heed caution before proceeding further.

There are several personal manager associations that managers can join which screen managers for legitimacy. Joining one of these associations is voluntary. Legitimate managers exist who are not members of manager associations. Self-regulating, the associations set professional operating standards for approved members. The U.S.’s prominent personal manager associations are the National Conference of Personal Managers, and The Talent Managers Association. Both have a Code of Ethics. The Talent Managers Association (TMA) has the more extensive Code of Ethics which includes limiting commission a manager may charge clients. TMA establishes limits on managers as to how long the manager represents an artist under a single-term contract. Plus TMA’s Code of Ethics expressly prohibits managers from charging clients fees for: coaching and acting classes, office expenses, and web site registration.

Both TMA and NCOPM have on their web sites their individual Code of Ethics, plus listings of current manager membership.

When signing with representation—agent or manager—bear in mind these guidelines:

  • Representation should only be collecting commission from the actor on projects from which commission collection is permitted.
  • Representation is not to be charging an actor fees for any operating expenses related to representing the actor.
  • No Advances. No Loans.

CASTING DIRECTORS, TALENT AGENTS, DIRECTORS & ACTORS

LOVE PAUL RUSSELL’S BEST-SELLING BOOK FOR ACTORS ACTING: MAKE IT YOUR BUSINESS!

“Humorous and witty…

Actors everywhere who are trying to succeed in the business, young or old, on stage or on camera, anywhere in the world, take note:

This is your roadmap!”

— BERNARD TELSEY, casting director – CSA (Mary Poppins ReturnsHamiltonThis Is Us,NBC’s Jesus Christ Superstar – LIVE!Wicked)

Get smarter on the business of acting from legendary Hollywood & Broadway actors and talent agents in a casting director Paul Russell’s Best-Selling Book ACTING: Make It Your Business!

Secret to Acting Career Longevity

 

Paul Russell PaulRussell.net

What is most vital to maintaining a life-long, acting career isn’t a skill taught or learned. It’s not talent. Nor a physical attribute inherent, altered or purchased. It doesn’t exist from collecting the industry connections nurtured and maintained. No acting book reveals a 10-step process to achieving it. No army of talent representation, public relations handlers, image and branding consultants, astrologers or life coaches bring to an actor’s career this one vital component that keeps an acting career sustainable.

I’ve witnessed in entertainment the careers of actors, agents, managers, directors, and production personnel flame out because they lost, or abandoned, what sustained them professionally. One recent surrender was on my Facebook news feed. The actor wrote:

This actor had many desirable elements of an acting career. Well-regarded representation.  A lengthy resume of professional credits that would be the envy of many aspiring actors I meet at universities. Why the public display of despair? Rejection, loss and B.S. in the acting trade is routine. Blaming the obvious isn’t why he was giving up. The cause came from within him but he didn’t know it. How am I certain? Because I have nearly lost the vital “it” myself.

At those moments I remind myself of my final statement to actors I meet at universities. An advisory more important to adhere to than all I shared during our prior time together. The one vital component to career longevity they must always maintain is:

Idealism.

I beg they hold tightly on to their idealism. Never let it go. If they feel it slipping, they’re to remind themselves of their youthful hopes. The love. The passion. The excitement. The drive that had them forsaking all else in their life. Or as simply put in the Stephen Sondheim lyric from FOLLIES: “When everything was possible and nothing made sense.” Once an actor shuns their idealism it’s time to step aside. Curtain.

Cynics scorn idealism as folly. One definition for idealism includes the following description: “The practice of forming or pursuing ideals, especially unrealistically.”

“Unrealistically?” Many practices in entertainment are unrealistic. Breaking into song. Super-hero movies. Walking into a sterile room, and pretending to be someone else before strangers in order to get a job. It’s all silly and unrealistic. The odds of an actor becoming a household name are unrealistic. But for a majority of actors; that’s not what sparked their desire to make acting a profession. Love is often the flame that ignited the passion. Love is an ideal. There is no more a realistic ambition or virtue than the idealism of love.

An actor’s idealism is constantly challenged. The actor must oppose the relentless resistance with unrealistic strength. As actress Bonnie Black spoke of an actor’s life in my book ACTING: Make It Your Business, “An actor must have the hide of a rhinoceros and the soul of a child.” Our inner child is our idealism. Idealism is the oxygen that fills our dreams and gives breath to hope.

If, at some point, the flame that is your idealism flickers and burns out; do not fear what comes next.

Have a candid discussion with yourself. What do you want of your life, professionally? If it’s still the business. Good. But don’t limit your scope. Consider how you can diversify into other areas of the business that restores your idealism. Leverage every professional contact. Ask for help. People love helping; especially in our community of entertainment. If you want a clean cut from the business—make it. I have witnessed others rise from despair. From casting directors, agents, directors, to actors of all levels of visibility. They are happy once more in new pursuits. They don’t perceive the change as failure. They embrace the change as a success to being fulfilled once again. Idealism rekindled.

At times an actor may feel like they’re screaming into the wind and not being heard. We are hearing you. Are you hearing yourself? That voice is the most important. Look inward. What idealism fuels your inner eternal flame?

Paul Russell’s career as a casting director, director, acting teacher and former actor has spanned over thirty years. He has worked on projects for major film studios, television networks, and Broadway. Paul has taught the business of acting and audition technique at NYU and has taught master classes at dozens of acting programs at universities including Hofstra, Elon, Wright State University, and Rutgers. He is the author of ACTING: Make It Your Business – How to Avoid Mistakes and Achieve Success as a Working Actor.

For more information on Paul’s projects, visit www.PaulRussell.net.

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Casting Directors, Talent Agents, Directors & Actors

Love Paul Russell’s Best-Selling Book for Actors
ACTING: Make It Your Business!

“Humorous and witty…
Actors everywhere who are trying to succeed in the business, young or old, on stage or on camera, anywhere in the world, take note:

This is your roadmap!”
BERNARD TELSEY, casting director – CSA
(The InternHamiltonNBC’s Jesus Christ Superstar – LIVE!, Wicked)
“All the right questions asked and answered…
and with a generous portion of good humor.”
SUZANNE RYAN, casting director, CSA
(Law & OrderUnforgettable)
“I love this book!
Paul’s book tells you what you don’t want to hear but really need to know
EVERY actor should read this book!”
DIANE RILEY, Senior Legit Talent Agent
Harden-Curtis & Associates
“Paul’s book made me proud to be a part of this community we call ‘show!'”
KAREN ZIEMBA, TONY & Drama Desk Award Winning Actress
“Paul Russell’s words are not only blunt & accurate they zero in on all the questions every actor wants to know but is afraid to ask!”
KEN MELAMED, Talent Agency Partner
Bret Adams, Ltd.
“I had my Business of Acting, BFA Seniors, class do book reports on a variety of “business of acting” books and ACTING: Make It Your Business came out a clear winner—considered to be essential for their bookshelves!
Dr. NINA LeNOIR,
Dept. Chair – Dept. of Thtr.
Chapman University

Get smarter on the business of acting from legendary Hollywood & Broadway actors and talent agents in a casting director Paul Russell’s Best-Selling Book ACTING:AMIYB_Amazon Make It Your Business!