The WAGENCY Work Agreement was designed to help employing artists and their assistants determine a set of comprehensive and equitable terms upon which to engage in a working relationship.
It guides both parties through a series of eleven clauses, outlining how each might impact a determination of the assistant's tax classification according to IRS guidelines. Deciding if an assistant is an independent contractor (1099) or an employee (W-2) has significant implications for each party. Misclassification of workers can result in fees and penalties for the employer. The Work Agreement can be initiated by either the employing artist or assistant.
Employing artists who are also Certified WAGENTS are required to use the Work Agreement when hiring assistant labor along with W.A.G.E.'s minimum payment standards. If you are an assistant and want to know if the artist hiring you is a Certified WAGENT, you can search for them here.
When WAGENTS engage their labor with institutions, they don't wait for institutions to offer arbitrary fees. Instead, they initiate the use of W.A.G.E. standards by sending Fee Requests to institutions. The WAGENCY Work Agreement uses the same logic: W.A.G.E. encourages assistants who are also WAGENTS to initiate the Work Agreement's use with their employing artist.