The Fine Print
Terms of Service
This website is operated by The Hollywood Winners Circle LLC. Throughout the site, the terms “we”, “us”, “HWC”, “The Hollywood Winners Circle Academy”, “The Hollywood Winners Circle” and “our” refer to The Hollywood Winners Circle LLC. The Hollywood Winners Circle offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree to be bound by these terms.
As an affiliate of Hollywood Winners Circle, you will receive a one-time payment of $150 USD for every person that signs up for the Master Course under your personalized link. You will receive a one-time payment of $50 for every person who signs up for the Parent Course under your personalized link. You understand that you will be paid every 7 days only if you have made sales during those 7 days. If you have not made any sales within that 7 day period, you will not be paid. If someone signs up for the payment plan for the Master Course, you are aware that you will receive one payment of $150 for the initial signup and no recurring commission as they pay off their product.
You understand that if you do not connect your Paypal account, your affiliate account may be terminated. If you make sales before you connect your Paypal account, you acknowledge your funds will be held until you create a Paypal account to allow yourself to be paid. You understand that in order for you to be paid, The Hollywood Winner’s Circle LLC must have your Paypal account connected. We will not pay cash, check, bank transfer or any method that is not Paypal. You agree that you must have a Paypal account or be willing to create one in order to be paid.
You understand this is not an offer of employment and by being an affiliate you are not an employee of the Hollywood Winners Circle LLC.
You understand that it is your responsibility to make sure that your link is used. HWC cannot track and compensate you if your link is not used.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You will find recommendations regarding certain resources that may help you with growing your acting career. We do not guarantee the effectiveness of the strategies they suggest. Further, if you visit any of these sites and make a purchase, we are NOT compensated for that sale, nor do we assume any liability for the effectiveness of their products. You are solely responsible for doing so and the results thereof. We only mention and recommend products or services that are readily known to be of a benefit to acting professionals. Every effort is made to present you with an accurate portrayal of the potential of the products or services mentioned. Having said this, there is no guarantee that your use of any of these products or services will increase your revenues or help you meet your business goals. You should purchase and use said products only after performing your own due diligence.
The Hollywood Winners Circle is an online training program that gives actors a blue print for starting and building an acting career. It is not a guarantee of success. Individual results will vary from actor to actor depending on the level of effort, commitment and follow-through that is made on each step outlined. No educational training program can guarantee results, but we do guarantee a transfer of educational information to you. There is no guarantee of compensation. Please view our refund policy. HWC and all of it’s officers will be held free of any and all liability as a result of any individual taking any of the steps and training outlined in the HWC program. Anyone under the age of 18 is required to have a parent or guardian involved at all times while taking the HWC course.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Hollywood Winners Circle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISCLAIMER: This training is in no way associated with or sponsored by Facebook® or Instagram®. This is not a business opportunity. No income opportunity is being presented in this online class. You are registering for training to assist you in getting clarity in the steps you can take to pursue your acting career. We make no promises or guarantees that you will get these same or similar results or any result at all. Any examples provided during this training are not to be interpreted as any guarantee, promise, representation and/or assurance. We do not purport our business and/or us as being a ‘get rich scheme’ and we do not offer any legal, medical, tax or other professional advice. Your results may vary, and will be based on your individual capacity, experience, expertise, and level of desire. There are no guarantees, promises, representations and/or assurances concerning the level of success you may experience. Your level of success in attaining the results claimed depends on the time you devote to your acting career, the ideas and techniques mentioned, your finances, knowledge and various skills, since such skills and factors differ according to individuals. Testimonials and examples used are examples and may not apply to all persons and are not intended to guarantee, promise, represent and/or assure that anyone will achieve the same or similar results. We reiterate that each individual’s success depends on his or her background, dedication, desire and motivation.
This resource is not created by, affiliated with, or sponsored by Instagram® or Facebook®.
YOUR SUCCESS DEPENDS ENTIRELY ON YOUR OWN EFFORT, MOTIVATION, COMMITMENT AND FOLLOW-THROUGH. WE CANNOT PREDICT AND WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A PARTICULAR RESULT, AND YOU ACCEPT AND UNDERSTAND THAT RESULTS DIFFER FOR EACH INDIVIDUAL. EACH INDIVIDUAL’S RESULTS DEPEND ON HIS OR HER UNIQUE BACKGROUND, DEDICATION, DESIRE, MOTIVATION, ACTIONS, AND NUMEROUS OTHER FACTORS. YOU FULLY AGREE THAT THERE ARE NO GUARANTEES AS TO THE SPECIFIC OUTCOME OR RESULTS YOU CAN EXPECT FROM USING THE INFORMATION YOU RECEIVE ON OR THROUGH THIS WEBSITE OR PRODUCT.
When you purchase our product, you understand that there is no guarantee that you will achieve any particular result or outcome using any of the ideas, tools, strategies or recommendations presented. We make no promises or warranties concerning your likelihood of success, performance, future earnings, or results of any kind. You understand that with any business endeavor there is an inherent risk in starting an acting career, including a loss of investment and therefore you assume all responsibility for any such risk.
YOU AGREE THAT THE HOLLYWOOD WINNERS CIRCLE LLC IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE OF YOUR PERSONAL OR ACTING CAREER DECISIONS, THE INCREASE OR DECREASE OF YOUR FINANCES OR INCOME LEVEL, OR ANY OTHER RESULT OF ANY KIND THAT YOU MAY HAVE AS A RESULT OF INFORMATION PRESENTED TO YOU THROUGH OUR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR RESULTS.
TESTIMONIALS. THE HOLLYWOOD WINNERS CIRCLE LLC PRESENTS TESTIMONIALS AND INSIGHTS ABOUT OTHER PEOPLE’S EXPERIENCES WITH MY WEBSITE FOR PURPOSES OF ILLUSTRATION ONLY. THE TESTIMONIALS, EXAMPLES, AND PHOTOS USED ARE OF ACTUAL CLIENTS. THEY ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT CURRENT OR FUTURE CLIENTS WILL ACHIEVE THE SAME OR SIMILAR RESULTS; RATHER, THESE TESTIMONIALS REPRESENT WHAT IS POSSIBLE FOR ILLUSTRATIVE PURPOSES ONLY.
You agree to indemnify, defend and hold harmless The Hollywood Winners Circle LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 9701 Wilshire Blvd. Suite 1000 – PMB# 440 Beverly Hills, CA, 90212, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at Info@Hollywoodwinnerscircle.com.
FACEBOOK GROUP POLICIES
By participating in any Facebook groups ran by the Hollywood Winners Circle LLC, including but not limited to “The Winners Inner Circle”, you are agreeing to abide by the rules of the group. The rules of the group will be posted in the ‘about’ section of the Facebook group and it is your responsibility to make yourself aware of these rules. If you violate these rules, upon first violation you will be muted for 3 days. Further violations may be met with permanent muting or being removed from the group. Harassment of other Hollywood Winner’s Circle members or moderators of the group will get you banned from the group on the first offense. We have the right to remove you from the group at any time. Being removed from the group or muted is not a valid reason for requesting a refund as it was your decision to break the rules. If you are a monthly member of one of our Facebook groups and you are removed or permanently muted, your recurring charge will be canceled but previous charges will not be refunded. If your access to the group is through a free bonus to one of our courses, you will still have access to your course even if you are muted or removed.
You are also agreeing that if you are purchasing a course and getting temporary access to the Facebook group as a result of that, you are aware you only have 3 months free in the Winners Inner Circle and then must pay monthly if you choose to continue. It is your responsibility to renew at the end of 3 months.
The Master Course Refund Policy
We are committed to you getting results in your acting career with The Hollywood Winner’s Circle Academy. Hollywood Winner’s Circle wants you to make progress and gain clarity in your acting career with this program. As a result, if you meet all criteria below and have still not experienced forward movement in your acting career your money will be refunded.
Criteria: You must meet each of the following Criteria before a refund can be issued:
- Have, take, or otherwise be registered for the course for 1 year or more.
- Additionally, you must have submitted the following, and all materials submitted must be up to course standards as defined in the course instructions.
– At least 5 headshots of different types
– Your acting resume
– Your Actors Access & Casting Networks link
– Your demo reel
– At least 4 high-quality acting clips as defined by the course instructions.
– A document listing the classes you’ve taken or are taking, name of the teachers of each class, and how often you’ve been training.
– All of your marketing materials
– Submission report from Actors Access & Casting Networks
If each criterion is met and you are dissatisfied with the course, we will refund your money for the course. Whether each criterion is met is at the sole discretion of Hollywood Winner’s Circle.
There are no other circumstances for a refund.
The Parent Course Refund Policy
We are committed to you getting results in your child’s acting career with the Hollywood Winner’s Circle Academy. Hollywood Winner’s Circle wants you to make progress and gain clarity in your child’s acting career with this program. As a result, if you meet all criterion below and have still not experienced forward movement in your child’s acting career, your money will be refunded.
- Have, take, or otherwise be registered for the course for 1 year or more.
- Additionally, you must submit the following and all materials submitted must be up to course standards as defined in the course instructions.
– At least 5 headshots of your child and of different types
– Your child’s acting resume
– Your child’s Actors Access & Casting Networks link
– Your child’s demo reel
– At least 4 high-quality acting clips of your child as defined by the course instructions.
– A document listing the classes your child has taken or is taking, name of the teachers of each class, and how often you’ve been training.
– All of your child’s marketing materials
– Submission report from Actors Access & Casting Networks
– The work you have created for your child (short film, play, feature film)
If each criterion is met and you are dissatisfied with the course, we will refund your money for the course. Whether each criterion is met is at the sole discretion of The Hollywood Winner’s Circle.
There are no other circumstances for a refund.
Non-Course Products Refund Policy
All products that are not courses are non-refundable due to the nature of the digital materials.
If you sign up for a payment plan, you are agreeing to be bound to that plan. You cannot ‘cancel’ your payment plan. If you are on a payment plan and do not make a timely payment, you will be temporarily removed from the Winner’s Inner Circle. The days you are removed for non-payment will still count toward your six months free. As soon as you make your payment you will be able to rejoin the group.
You agree to pay all fees specified in the order forms. Except as otherwise specified herein or in the order form: (i) fees are based on services and content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees already paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
Any dispute or claim relating in any way to your use of any The Hollywood Winners Circle Services or to any products or services sold or distributed by The Hollywood Winners Circle or through The Hollywood Winners Circle will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We will never sell or distribute your information to a third party.
The purpose of this site is to assist you in starting, developing and marketing your acting business. Having said this, everyone is different, and what works for some might not work for others (for a variety of reasons). This site and the content on it reflect the personal experiences of Wendy Alane Wright and her experience and advice may or may not transfer effectively to your acting business and subject matter.
NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH REGARD TO THE COMPLETENESS, ACCURACY, FITNESS, EFFECTIVENESS OR APPLICABILITY OF ANY STRATEGY, INFORMATION OR ADVICE DETAILED WITHIN THIS WEBSITE NOR IS ANY REPRESENTATION, GUARANTEE OR WARRANTY MADE REGARDING OUTCOMES ACHIEVED BY APPLYING THE STRATEGIES, INFORMATION, AND ADVICE PROVIDED HEREIN. Examples detailed in the content are just that – examples. The concepts promoted on this site are not “get rich quick” schemes. They require testing and effort. The success of said techniques is dependent upon the person using the tactics and the effort given. Some techniques may simply not work with certain actors.
Every effort has been made to accurately represent career building strategies. Past performance may not be indicative of future performance.
Any claims made of actual earnings or examples of actual results can be verified upon request. Any testimonials and examples used are exceptional results, don’t apply to the average purchaser and are not intended to represent or guarantee that you will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee of revenues or profits.
I do not offer legal advice for setting up a business, working in specific jurisdictions, or any matter regarding taxes. For this, speak with a legal professional. Any contract you sign should be reviewed by an attorney before you sign it.
The videos created and publicized on this are for information and entertainment purposes only (I hope you find them interesting!). WE HAVE USED OUR BEST EFFORTS IN PRODUCING THE VIDEOS, BUT MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH REGARD TO THE COMPLETENESS, ACCURACY, FITNESS OR APPLICABILITY OF THE INFORMATION THEREIN TO YOUR ONLINE ACTING CAREER. If you wish to apply the concepts put forth in these videos, you are solely responsible for doing so and the results thereof.
The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this video. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds that there exist in connection with a substantial number of contracts for talent services, sales practices and business and financing methods which have worked a fraud, deceit, imposition, and financial hardship upon the people of this state, particularly upon children and other minors; that existing legal remedies are inadequate to correct these abuses; that the talent industry has a significant impact upon the economy and well-being of this state and its local communities; and that the provisions of this act relating to these are necessary for the public welfare.
The Legislature declares that the purpose of this act is to safeguard the public against fraud, deceit, imposition, and financial hardship, and to foster and encourage competition, fair dealing, and prosperity in the field of talent services by prohibiting or restricting false or misleading advertising and other unfair, dishonest, deceptive, destructive, unscrupulous, and fraudulent business practices by which the public has been injured in connection with talent services.
Nothing in this act is intended to prohibit talent training services, talent counseling services, and talent listing services from conducting business provided they comply with the provisions and prohibitions set forth in this act.
Nothing in this chapter is intended to prohibit legitimate contractual business relationships between artists and bona fide record companies or to excuse a person from complying with Chapter 4 (commencing with Section 1700).
SEC. 2. Chapter 4.5 (commencing with Section 1701) of Part 6 of Division 2 of the Labor Code is repealed.
SEC. 3. Chapter 4.5 (commencing with Section 1701) is added to Part 6 of Division 2 of the Labor Code, to read:
CHAPTER 4.5. Fee-Related Talent Services
Article 1. Definitions
1701. For purposes of this chapter, the following terms have the following meanings:
(a) “Artist” means a person who is or seeks to become an actor, actress, model, extra, radio artist, musical artist, musical organization, director, musical director, writer, cinematographer, composer, lyricist, arranger, or other person rendering professional services in motion picture, theatrical, radio, television, Internet, print media, or other entertainment enterprises or technologies.
(b) “Audition” means any activity for the purpose of obtaining employment, compensated or not, as an artist whereby an artist meets with, interviews or performs before, or displays his or her talent before, any person, including a producer, a director, or a casting director, or an associate, representative, or designee of a producer, director, or casting director, who has, or is represented to have, input into the decision to select an artist for an employment opportunity. An “audition” may be in-person or through electronic means, live or recorded, and may include a performance or other display of the artist’s promotional materials.
(c) “Employment opportunity” means the opportunity to obtain work as an artist, whether compensated or not.
(d) “Fee” means any money or other valuable consideration paid or promised to be paid by or on behalf of an artist for services rendered or to be rendered by any person conducting business under this chapter. “Fee” does not include the following:
(1) A fee calculated as a percentage of the income earned by the artist for his or her employment as an artist.
(2) (A) Reimbursements for out-of-pocket costs actually incurred by the payee on behalf of the artist for services rendered or goods provided to the artist by an independent third party if all of the following conditions are met:
(i) The payee has no direct or indirect financial interest in the third party.
(ii) The payee does not accept any referral fee, kickback, or other consideration for referring the artist.
(iii) The services rendered or goods provided for the out-of-pocket costs are not, and are not represented to be, a condition for the payee to register or list the artist with the payee.
(iv) The payee maintains adequate records to establish that the amount to be reimbursed was actually advanced or owed to a third party and that the third party is not a person with whom the payee has a direct or indirect financial interest or from whom the payee receives any consideration for referring the artist. To satisfy this condition, the payee shall maintain the records for at least three years and make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local enforcement agency.
(B) A person asserting a defense based upon this paragraph has the burden of producing evidence to support the defense.
(3) Appearances, marketing, or similar activities by an artist rendered in the context of promoting that artist’s career.
(4) Royalties or profit participation from work or services as an artist payable under a bona fide contractual obligation.
(e) “Person” means an individual, company, society, firm, partnership, association, corporation, limited liability company, trust, or other organization.
(f) “Talent counseling service” means a person who does not manage or direct the development of an artist’s career and who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, that artist, directly or by referral to another person, with career counseling, vocational guidance, aptitude testing, or career evaluation as an artist.
(g) “Talent listing service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with any of the following:
(1) A list of one or more auditions or employment opportunities.
(2) A list of talent agents or talent managers, including an associate, representative, or designee thereof.
(3) A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative, or designee thereof.
(4) Storage or maintenance for distribution or disclosure to a person represented as offering an audition or employment opportunity, or to a talent agent, talent manager, or an associate, representative, or designee of a talent agent or talent manager, of either of the following: (A) an artist’s name, photograph, Internet website, filmstrip, videotape, audition tape, demonstration reel, resumé, portfolio, or other reproduction or promotional material of the artist or (B) an artist’s schedule of availability for an audition or employment opportunity.
(h) “Talent scout” means an individual employed, appointed, or authorized by a talent service, who solicits or attempts to solicit an artist for the purpose of becoming a client of the service. The principals of a service are themselves talent scouts if they solicit on behalf of the service.
(i) “Talent service” means a talent counseling service, a talent listing service, or a talent training service.
(j) “Talent training service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with lessons, coaching, seminars, workshops, or similar training as an artist.
Article 2. Advance-Fee Talent Representation Service
1702. No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to, an advance-fee talent representation service.
1702.1. (a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with one or more of the following services described below, provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet websites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the following services:
(1) Procuring or attempting to procure an employment opportunity or an engagement as an artist.
(2) Procuring or attempting to procure an audition for an artist.
(3) Managing or directing the development of an artist’s career.
(4) Procuring or attempting to procure a talent agent or talent manager, including an associate, representative, or designee of a talent agent or talent manager.
(b) “Advance-fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inclusive, of subdivision (a).
1702.3. A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704).
1702.4. This article does not apply to the following:
(a) A public educational institution.
(b) A nonprofit corporation, organized to achieve economic adjustment and civic betterment, give vocational guidance, including employment counseling services, and assist in the placement of its members or others, if all of the following conditions exist:
(1) None of the corporation’s directors, officers, or employees receive any compensation other than a nominal salary for services performed for the corporation.
(2) The corporation does not charge a fee for its services, although it may request a voluntary contribution.
(3) The corporation uses any membership dues or fees solely for maintenance.
(c) A nonprofit corporation, formed in good faith for the promotion and advancement of the general professional interests of its members, that maintains a placement service principally engaged to secure employment for its members with the state or a county, city, district, or other public agency under contracts providing employment for one year or longer, or with a nonprofit corporation exempted by subdivision (b).
(d) A labor organization, as defined in Section 1117.
(e) A newspaper, bona fide newsletter, magazine, trade or professional journal, or other publication of general circulation, whether in print or on the Internet, that has as its main purpose the dissemination of news, reports, trade or professional information, or information not intended to assist in locating, securing, or procuring employment or assignments for others.
(f) A public institution.
A written or verbal solicitation or advertisement for an artist to perform or demonstrate any talent for the talent service, or to appear for an interview with the talent service, shall include the following clear and conspicuous statement: “This is not an audition for employment or for obtaining a talent agent or talent management.”
1703.3. (a) Prior to advertising or engaging in business, a talent service shall file with the Labor Commissioner a bond in the amount of fifty thousand dollars ($50,000) or a deposit in lieu of the bond pursuant to Section 995.710 of the Code of Civil Procedure. The bond shall be executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to fifty thousand dollars ($50,000). The bond may be terminated pursuant to Section 995.440 of, or Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person injured by any unlawful act, omission, or failure to provide the services of the talent service.
(c) The Labor Commissioner shall charge and collect a filing fee to cover the cost of filing the bond or deposit.
(d) (1) Whenever a deposit is made in lieu of the bond otherwise required by this section, the person asserting the claim against the deposit shall establish the claim by furnishing evidence to the Labor Commissioner of injury resulting from an unlawful act, omission, or failure to provide the services of the talent service or of a money judgment entered by a court.
(2) When a claimant has established the claim with the Labor Commissioner, the Labor Commissioner shall review and approve the claim and enter the date of the approval thereon. The claim shall be designated an approved claim.
(3) When the first claim against a particular deposit has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Labor Commissioner. Subsequent claims that are approved by the Labor Commissioner within the same 240-day period shall similarly not be paid until the expiration of that 240-day period. Upon the expiration of the 240-day period, the Labor Commissioner shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case every approved claim shall be paid a pro rata share of the deposit.
(4) Whenever the Labor Commissioner approves the first claim against a particular deposit after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which paragraph (3) applies with respect to any amount remaining in the deposit.
(5) After a deposit is exhausted, no further claims shall be paid by the Labor Commissioner. Claimants who have had claims paid in full or in part pursuant to paragraph (3) or (4) shall not be required to return funds received from the deposit for the benefit of other claimants.
(6) Whenever a deposit has been made in lieu of a bond, the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the assignor of the deposit, other than as to an amount as no longer needed or required for the purposes of this chapter and that would otherwise be returned to the assignor of the deposit by the Labor Commissioner.
(7) The Labor Commissioner shall return a deposit two years from the date it receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business or act in the capacity of a talent service or has filed a bond pursuant to subdivision (a), provided that there are no outstanding claims against the deposit. The written notice shall include all of the following:
(A) The name, address, and telephone number of the assignor.
(B) The name, address, and telephone number of the bank at which the deposit is located.
(C) The account number of the deposit.
(D) A statement that the assignor is ceasing to engage in the business or act in the capacity of a talent service or has filed a bond with the Labor Commissioner. The Labor Commissioner shall forward an acknowledgment of receipt of the written notice to the assignor at the address indicated therein, specifying the date of receipt of the written notice and the anticipated date of release of the deposit, provided that there are then no outstanding claims against the deposit.
(8) A superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the court that there are no outstanding claims against the deposit, or order the Labor Commissioner to retain the deposit for a specified period beyond the two years to resolve outstanding claims against the deposit.
(9) This subdivision applies to all deposits retained by the Labor Commissioner. The Labor Commissioner shall notify each assignor of a deposit it retains and of the applicability of this section.
(10) Compliance with Sections 1700.15 and 1700.16 of this code or Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not satisfy the requirements of this section.
1703.4. (a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following:
(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.
(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist.
(3) Charge or attempt to charge an artist for an audition or employment opportunity.
(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet websites, casting or talent brochures, or other promotional materials for the artist.
(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.
(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service.
(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest.
(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.
(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet website, or a website that the service has the authority to design or alter, within 10 days of delivery of a request made by telephone, mail, facsimile transmission, or electronic mail from the artist or from a parent or guardian of the artist if the artist is a minor.
(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service.
(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do either of the following:
(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.
(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.
(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
1703.5. No talent scout shall use the same name as used by any other talent scout soliciting for the same talent service, and no talent service shall permit a talent scout to use the same name as used by any other talent scout soliciting for the talent service.
1703.6. This article does not apply to any of the following:
(a) An entity described in subdivisions (a), (b), (d), (e), and (f) of Section 1702.4.
(b) (1) A private educational institution established solely for educational purposes which, as a part of its curriculum, offers employment counseling to its student body and satisfies either of the following:
(A) The institution conforms to the requirements of Article 5 (commencing with Section 33190) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code.
(B) More than 90 percent of the students to whom instruction, training, or education is provided during any semester or other term of instruction have completed or terminated their secondary education or are beyond the age of compulsory high school attendance. A person claiming exemption under this subparagraph shall maintain adequate records to establish the age of its students, including the name, date of birth, principal residence address, principal telephone number, driver’s license number and state of issuance thereof, and dates of attendance, and shall make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local law enforcement agency. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law.
(2) A person claiming an exemption under this subdivision has the burden of producing evidence to establish the exemption.
(c) A psychologist or psychological corporation, licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, that provides psychological assessment, career or occupational counseling, or consultation and related professional services within the scope of its practice.
(d) An educational psychologist, licensed pursuant to Article 1 (commencing with Section 4980) of Chapter 13 of Division 2 of the Business and Professions Code, who provides counseling services within the scope of his or her practice.
(e) A talent listing service, if all of the following apply:
(1) A majority interest in the service is owned by one or more colleges or universities, or alumni associations affiliated therewith, and each of the colleges or universities is accredited by an accrediting agency recognized by the United States Department of Education and a member organization of the Council of Postsecondary Accreditation.
(2) The service provides services exclusively for artists who are the alumni of colleges or universities specified in paragraph (1).
(3) The service does not require, as a condition to receiving services, an applicant to have completed courses or examinations beyond the requirements for graduation from the applicant’s college or university specified in paragraph (1).
(4) More than 50 percent of the annual revenues received by the service are derived from paid subscriptions of prospective employers.
(f) A public library.
Article 4. Remedies
1704. A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine.
1704.1. The Attorney General, a district attorney, or a city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation.
1704.2. A person who is injured by a violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to restrain and enjoin a violation, or both. The court shall award to a plaintiff who prevails in an action under this chapter reasonable attorney’s fees and costs. The amount awarded for damages for a violation of this chapter shall be not less than three times the amount paid by the artist, or on behalf of the artist, to the talent service or the advance-fee talent representation service.
1704.3. The Labor Commissioner shall use the proceeds of a bond or deposit posted by a person pursuant to this chapter to satisfy a judgment or restitution order resulting from the person’s violation of a provision of this chapter, if the person fails to pay all amounts required by the judgment or restitution order.
Article 5. General Provisions
1705. The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from the duty to comply with all other laws.
1705.1. The remedies provided in this chapter are not exclusive and shall be in addition to any other remedies or procedures provided in any other law, including Section 17500 of the Business and Professions Code.
1705.2. A waiver by an artist of the provisions of this chapter is deemed contrary to public policy and void and unenforceable. An attempt by a person or a talent service to have an artist waive his or her rights under this chapter is a violation of this chapter.
1705.3. If any provision of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of that provision to other persons and circumstances shall not be affected thereby.
1705.4. Compliance with this chapter does not satisfy and is not a substitute for the requirements mandated by any other applicable law, including the obligation to obtain a license under the Talent Agencies Act (Chapter 4 (commencing with Section 1700)), prior to procuring, offering, promising, or attempting to procure employment or engagements for artists.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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