(trading name/subsidary company of PERFORMERS WORKSHOP LTD -
Companies House registration no.08634555)
The following expressions shall have the following meanings:
1.1 “Agent” means FIND YOUR ACT – LIVE ENTERTAINMENT CONSULTANTS of The Retreat, Roding Lane South, Woodford Green, IG8 8EY
1.2 “Artist” means a person who is seeking an Engagement and accepts the Agent’s Offer of Representation;
1.3 “Client” means any third party, individual, partnership, company or other organisation or entity which negotiates with the Agent with a view to procuring the services of the Artist in respect of an Engagement;
1.4 “Engagement” means the employment or use of the Artist by the Client, or any third party to whom the Client has introduced the Artist, on a permanent or short-term basis under any form of contract or relevant agreement;
1.5 “Offer of Representation” means an offer made to an Artist by the Agent to represent the Artist for the Term subject at all times to the Terms and Conditions below with a view to securing Engagements with a Client;
1.6 “Term” means the duration of Representation as accepted by the Artist and as agreed between the Artist and the Agent;
1.7 “Representation” means the representation provided by the Agent to the Artist upon acceptance of the Offer of Representation and these Terms and Conditions;
1.8 “Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.9 “Performance Fee” means the sums due to the Artist from a Client in respect of an Engagement;
1.10 “Rider” means the specific requirements stipulated by the Artist in terms of the Engagement regarding food, accommodation and other necessities;
1.11 “Agreement” means the contract between the Agent and the Artist for agency services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for Representation and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 These Terms and Conditions shall be attached to any Offer of Representation and signed and returned to the Agent by the Artist.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled, by virtue of any statute, law or regulation.
2.5 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties.
2.6 The Agent is acting in the capacity of an employment agency.
3 OFFER OF REPRESENTATION
3.1 The Offer of Representation (Example - not valid for these t & c's) is attached to these Terms and Conditions.
3.2 The Offer of Representation shall remain valid for acceptance for a period of 14 days.
3.3 The Offer of Representation must be accepted by the Artist in its entirety.
4 APPOINTMENT AS AGENT
4.1 The Agent shall operate at all times as an employment agency in accordance with the Employment Agencies Act 1973.
4.2 The Agent will, subject to the Artist’s acceptance of its Offer of Representation and these Terms and Conditions, act as the Artist’s agent and provide Representation to negotiate and conclude an agreement with a Client in respect of an Engagement.
5.1 The Agent is entitled to charge the Artist a commission of 15% + VAT for procuring an Engagement in accordance with the rates and terms specified in the Offer of Representation attached to these Terms and Conditions.
5.2 Payment of the Performance Fee shall be made directly by the Client to the Artist in cash up the value of £400 or building society cheque at the time of the Engagement unless otherwise agreed in writing between the parties when the fee is above £400.
5.3 The Artist is entitled to seek reimbursement for reasonable expenses from the Client in connection with the Engagement which must be supported by the relevant receipts.
5.4 If the Client fails to pay any sums to the Agent or Artist that are due in advance of an Engagement the Artist is entitled to cancel the Engagement without penalty and the Client will forfeit any monies already paid and remain liable for any cancellation fees due.
5.5 The Client shall meet the costs of any Rider as stipulated by the Artist prior to the Engagement.
5.6 The Artist is responsible for the payment of any tax, National Insurance, VAT and other payments required by them under law.
6 ARTIST OBLIGATIONS
6.1 The Artist is over 18 years of age.
6.2 The Artist shall, at all times, act in a professional and courteous manner and shall attend all Engagements on time.
6.3 The Artist shall carry out every Engagement to the best standard of ability and skill.
6.4 The Artist shall maintain public liability insurance to a minimum level of £5,000,000 and shall provide the Agent with proof of such cover.
6.5 The Artist authorises the Agent to maintain, use and store personal information relating to the Artist on the Agent’s database for the purpose of securing an Engagement for the Artist and to comply with any statutory obligations.
6.6 The Artist shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Engagement is being conducted.
6.7 The Artist shall not pass on any personal business cards or other promotional material to the Client, members of the audience or other third parties.
6.8 The Artist shall ensure that any equipment in their ownership which is used during the Engagement meets basic safety standards and is in good working order via PAT Testing.
6.9 The Artist shall not without the consent in writing of a duly authorised representative of the Agent expose, reveal or make public any information in connection with the business of the Agent or these Terms and Conditions, all of which information is to be regarded by the Artist as of a strictly confidential nature.
6.10 The Artist acknowledges that the Agent cannot guarantee that an Engagement can be secured and has made no representations to this effect.
6.11 The Artist hereby acknowledges that nothing in these Terms and Conditions, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Agent and the Artist.
7 AGENT OBLIGATIONS
7.1 The Agent shall use all reasonable endeavours to secure a suitable Engagement for the Artist.
7.2 The Agent shall provide the Representation with skill, care and in accordance with the recognised codes of practice and statutory obligations.
7.3 The Agent shall take all reasonable steps to ensure the Client and other workers involved in the Engagement are professional and courteous but cannot be held responsible for the conduct of any third parties.
7.4 The Agent’s authority to act on the Artist’s behalf extends only to the Agent’s attempts to procure Engagements for the Artist and to represent the Artist in order to achieve the same, but the Agent has no authority to enter into Engagements with Clients on the Artist’s behalf without the Artist first having confirmed to the Agent his/her agreement to so enter.
7.5 The Agent shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Artist.
If the Artist is an actor, background artist, dancer, extra, musician, singer or other performer, then he or she is entitled to cancel or withdraw from this Agreement within 30 days of signing this Agreement without detriment or penalty. After this 30-day "cooling off" period:
8.1 The Artist may not under any conditions cancel the Engagement unless due to Force Majeure or illness. In such cases, on provision of reasonable proof, the Artist will not be held in breach of contract by the Client.
8.2 The Artist agrees to inform the Agent immediately of any intended cancellation.
8.3 Should the Artist cancel an Engagement under circumstances not permitted by these Terms and Conditions the Artist must pay an administration fee equal to the amount due to the Agent from the Client for the Engagement and any subsequent costs incurred by the Agent in seeking and securing a replacement performer.
8.4 The Artist must pay any sums due to the Agent within 7 days from the invoice date.
8.5 The Artist will pay interest on all late payments at a rate of 8% per annum above the base lending rate of the BANK OF ENGLAND (also applicable in Northern Ireland)
8.6 The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Artist where any payment due to the Agent is late.
8.7 In the event that the Client cancels a booking they will be liable to pay cancellation charges as set out in the Offer of Representation.
8.8 If the venue provided by the Client is unable to accommodate the Artist and the Artist is unable to perform for this reason the Client will be liable for cancellation fees as outlined in the Offer of Representation.
8.9 In the event of cancellation by the Artist the Agent may substitute a replacement act, subject to the Client's reasonable approval.
9.1 The Agreement shall continue until the agency services have been provided in terms of the Offer of Representation or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
9.2 The Agent shall be entitled to terminate the Representation of the Artist for any reason at any point during the Term by giving immediate notice in writing.
9.3 The Artist shall be entitled to terminate the Representation at any point during the Term by giving immediate notice in writing save for the condition that the Artist shall be required to complete any Engagement agreed prior to notification of termination.
9.4 The Artist may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 14 days after notification of non-compliance is given.
9.5 Either party may terminate the Agreement by notice in writing to the other if:
9.5.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
9.5.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
9.5.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
9.5.4 the other party ceases to carry on its business or substantially the whole of its business; or
9.5.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
9.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
11 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent shall not be liable for any direct loss or damage suffered by the Artist or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Artist’s claim is first notified.
The Artist undertakes to indemnify and keep fully indemnified the Agent at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Agent), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Artist of any of the Artist’s obligations, undertakings or warranties as set out within these Terms and Conditions.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Artist shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
15 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Offer of Representation or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
19 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
20 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England, Scotland, Wales and Northern Ireland and the parties hereby submit to the exclusive jurisdiction of the English, Scottish, Welsh or Northern Irish courts.
OFFER OF REPRESENTATION (EXAMPLE)
The Agent is acting in the capacity of an entertainment agency.
NAME OF AGENT: FIND YOUR ACT - LIVE ENTERTAINMENT CONSULTANCY
BUSINESS ADDRESS OF AGENT: The Retreat, Roding Lane South, Woodford Green, IG8 8EY
REGISTERED COMPANY ADDRESS OF AGENT: The Retreat, Roding Lane South, Woodford Green, IG8 8EY
NAME OF ARTIST: -
ADDRESS OF ARTIST:-
TYPE OF WORK SOUGHT:-
DESCRIPTION OF SERVICES TO BE SUPPLIED:-
PERFORMANCE FEES: -
RIDER STIPULATIONS: -
AGENCY COMMISSION RATES: 15% + VAT to be paid within 7 days of engagement for those booked on a Cash Payment Basis.
CANCELLATION CONDITIONS AND PENALTIES: -
SERVICES COMMENCE: Upon Submission of Demo Material to FIND YOUR ACT
ADDITIONAL/SPECIAL TERMS: -
For and on behalf of
FIND YOUR ACT – LIVE ENTERTAINMENT CONSULTANCY