2007 California Labor Code Article 2. Contract Agreement Provisions And Recordkeeping 1701.4-1701.5

CA Codes (lab:1701.4-1701.5)

1701.4.  (a) Every contract or agreement between an artist and an
advance-fee talent service for an advance fee shall be in writing.
The contract shall contain all of the following provisions and the
additional provisions, if any, as may be set forth in regulations
adopted by the Labor Commissioner from time to time:
   (1) The name, address, and telephone number of the advance-fee
talent service, the artist to whom the services are to be provided,
and the representative executing the contract on behalf of the
advance-fee talent service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, the duration of the contract,
and refund provisions if the described services are not provided
according to the contract.
   (3) The amount of any fees to be charged to or collected from the
artist receiving the services or any other person and the date or
dates when those fees are required to be paid.
   (4) The following statements, in type no smaller than 10-point
boldface type and in close proximity to the artist's signature, shall
be included in the contract:
      RIGHT TO REFUND

   "If you pay all or any portion of a fee and you fail to receive
the services promised or that you were led to believe would be
performed, then (name of advance-fee talent service) shall, upon your
request, return the amount paid by you within 48 hours of your
request for a refund.  If the refund is not made within 48 hours,
then (name of advance-fee talent service) shall, in addition, pay you
a sum equal to the amount of the refund."


                      YOUR RIGHT TO CANCEL
                   (enter date of transaction)

     You may cancel this contract for advance-fee talent services,
without any penalty or obligation, if notice of cancellation is
given, in writing, within 10 business days from the above date.
     To cancel this contract, mail or deliver a signed and dated
copy of the following cancellation notice or any other written
notice of cancellation, or send a telegram containing a notice of
cancellation to (name of advance-fee talent service) at (address
of its place of business), NOT LATER THAN MIDNIGHT OF (date).
     ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF
THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING,
PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR
AN ARTIST.

                      CANCELLATION NOTICE

                I hereby cancel this contract.

                Dated: _______________________
                ______________________________
                       Artist Signature.

   (b) All contracts subject to this section shall be dated and shall
be made and numbered consecutively in triplicate, the original and
each copy to be signed by the artist and the person acting for the
advance-fee talent service.  The advance-fee talent service shall
provide an original and one copy of the contract to the artist at the
same time the artist signs the contract and before the artist or any
person acting on his or her behalf becomes obligated to pay or pays
any fee.  The additional copy shall be kept on file at the
advance-fee talent service's place of business.
   (c) The full agreement between the parties shall be contained in a
single document containing the elements set forth in this section.
   (d) Any contract subject to this section that does not comply with
subdivisions (a) to (c), inclusive, of this section shall be
voidable at the election of the artist and, in that case, shall not
be enforceable by the advance-fee talent service.
   (e) Refunds shall be made as follows:
   (1) In the event that an artist does not receive the services
promised or that the artist was led to believe would be performed,
the advance-fee talent service shall, upon demand therefor, repay the
artist the fees collected for those services.  If repayment is not
made within 48 hours after the artist's demand, the advance-fee
talent service shall pay the artist an additional sum equal to the
amount of the fee.
   (2) In the event that an artist cancels the contract, the
advance-fee talent service shall refund in full any advance fees
demanded by the artist in writing within 10 business days after
delivery of the demand to the advance-fee talent service, provided
that the artist furnishes a notice of cancellation to the advance-fee
talent service in the manner specified in paragraph (4) of
subdivision (a).  Unless repayment is made within 10 business days
after the demand, the advance-fee talent service shall pay the artist
an additional sum equal to the amount of the fee.



1701.5.  (a) Every person engaging in the business of an advance-fee
talent service shall keep and maintain records of the person's
advance-fee talent service business.  The records shall contain all
of the following:
   (1) The name and address of each artist employing that person as
an advance-fee talent service.
   (2) The amount of the advance fees paid by or for the artist
during the term of the contract with the advance-fee talent service.

   (3) A record of all advertisements by the advance-fee talent
service, including the date and the publication in which the
advertisement appeared, which shall be maintained for a period of
three years following publication.
   (4) Records described in subparagraph (D) of paragraph (2) of
subdivision (a) of Section 1701.
   (5) Any other information that the Labor Commissioner requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by an advance-fee talent service shall be open at all
reasonable hours to inspection by the Labor Commissioner and his or
her representatives and to the representative of the Attorney
General, any district attorney, or any city attorney.  Every
advance-fee talent service shall furnish to the Labor Commissioner
and to the representative of the Attorney General, any district
attorney, or any city attorney, upon request, a true copy of those
books, records, and papers, or any portion thereof, and shall make
reports as the Labor Commissioner requires.
   (c) Every advance-fee talent service shall post in a conspicuous
place in the office of the advance-fee talent service a printed copy
of this chapter and of other statutes as may be specified by
regulation of the Labor Commissioner.  Those copies shall also
contain the name and address of the officer charged with the
enforcement of this chapter.  The Labor Commissioner shall furnish to
the advance-fee talent service printed copies of any statute
required to be posted under this section.