A talent agency agreement defines the relationship between a representation agency and an actor, musician, athlete or other creative professional: the agency performs one or more mandated acts in the talent's name and at the talent's expense. In Georgia this field is not governed by a separate statute — the special talent-agency legislation known in other jurisdictions, such as the California model, does not operate here. The relationship is therefore governed, in substance, by the mandate-contract provisions of the Georgian Civil Code — primarily articles 709, 710, 711 and 720.
The Mandate Contract in the Talent Context
Under article 709 of the Civil Code, under a mandate contract the mandatary is obliged to perform one or several legal acts entrusted to it by the mandator, in the mandator's name and at the mandator's expense. In the talent context the mandatary is the agency and the mandator is the performer or athlete. Because the agent acts in the talent's name and for the talent's benefit, the rights and obligations created by the deals the agent concludes belong directly to the talent: the talent receives the fees and bears the responsibility.
The Agency's Fee and Its Default Rules
Article 710 provides that the mandator must pay the mandatary a fee only in the cases provided for by the contract or by law. The fee is deemed to have been agreed implicitly where, in the circumstances, performance of the act is expected only for a fee. In the talent industry this means that if representation services are customarily paid in the given circumstances, a commission is deemed agreed even if its amount is not expressly stated in the contract. Where the amount of the fee is not determined, the fee corresponding to the earnest money is deemed agreed where such earnest money exists, and otherwise the customary fee applies
Personal Performance and the Restriction on Delegation
Under article 711 the mandatary must perform the mandate personally, except where it has been permitted to delegate it to a third party or is forced to do so by the circumstances that have arisen. The involvement of assistants is allowed. This norm matters greatly in the talent field: a talent addresses a specific agency or agent and entrusts the management of its affairs precisely to that person, not to whoever the agency may later substitute.
Where delegation is permitted, the mandatary is liable only for the fault that is imputable to it in the delegation and in the selection of that person. In the contrary case the agency is responsible for having entrusted the mandate to another person without permission: such a transfer is not effective against the talent, and the damage arising from it falls on the agency to compensate.
Termination at Any Time
Article 720 safeguards the freedom of the parties: a mandate contract may be terminated by either party at any time, and an agreement to waive this right is void. The consequence is that a contractual clause purporting to deprive the talent of the right to terminate the representation contract acquires no legal force and cannot be enforced against either party.
If the mandatary — the agency — terminated the contract at a time when the mandator was deprived of the possibility of otherwise securing its interests, the mandatary must compensate the damage caused, except where it had a significant ground for doing so. If the mandator — the talent — terminates, it must reimburse the mandatary for all necessary expenses incurred in performing the mandated act, and, if the contract was for reward, pay the fee proportionally to the work performed.
What to Address When Signing
The mandate provisions of the Civil Code are general and do not describe the particularities of the talent industry, so the protection of the parties' interests depends on the quality of the written contract. It is advisable to define clearly which acts the talent mandates to the agency, in what form and on what conditions the fee is owed, whether delegation to a third party is allowed, and how the parties share expenses and the unpaid fee upon termination.
Frequently Asked Questions
The questions raised most often concern the existence of a special statute, the fee and the right to terminate.
Is there a separate talent-agency statute in Georgia?
No. No special legislative act on talent agencies exists in Georgia, and comparable models of other jurisdictions do not operate here. The relationship between an agent and a talent is governed by the mandate-contract provisions of the Civil Code.
Must a talent pay the agency a fee if it is not written into the contract?
The obligation exists only where the contract or the law so provides; where the service is expected only for a fee, the fee is deemed implicitly agreed, and where its amount is undetermined the customary fee — or the fee corresponding to earnest money — applies.
Can a contract strip the talent of the right to terminate?
No. A mandate contract may be terminated by the parties at any time, and an agreement to waive this right is void. Such a clause acquires no legal force even if written into the contract.
What happens to expenses and fees when the talent terminates?
The talent must reimburse the agency for all necessary expenses incurred in performing the mandated act and, in the case of a contract for reward, pay the fee proportionally to the work performed.
How We Help on Legal.ge
The legal team of Legal.ge assists both talents and agencies in structuring representation relationships. We review existing agreements, assess their compliance with the mandate provisions of the Civil Code, work through fee and delegation clauses, and determine the consequences of termination — including the reimbursement of expenses and the payment of the fee proportionally to the work performed.
If you need a new representation agreement drafted, an existing contract assessed, or a dispute with an agency resolved, write to us on Legal.ge — we will evaluate your situation and propose solutions grounded in the legislation in force and in the actual terms of your contract.