STANDARD TERMS OF BUSINESS:
1.1 When appointed as your agents we will use reasonable efforts to negotiate and secure you appropriate “engagements” to perform concerts, appear in person and/or undertake services and activities within (but not limited to) the music, media and entertainment industry.
We will bring to your attention those enquiries we receive:
(a) for which you are available (and not otherwise engaged); and
(b) that we consider are made in good faith, and
(c) that we consider would be of interest to you.
1.2 Whilst we will negotiate with third parties on your behalf and confirm your agreement, any finalized agreement will be directly between you and the third party and you will need to sign this. We will not enter into or sign any agreement with any third party on your behalf unless otherwise agreed.
1.3 In addition to those services set out in paragraph 1.1, we may undertake such additional services for you as you may request in writing from time to time (for example assisting you to obtain work permits). You will be responsible for our out of pocket expenses in providing those services (Recharge & Disbursement Expenses). You will pay us these “Recharge & Disbursement Expenses” as set out below in paragraph 2.2
1.4 When proposing you for engagements we will provide you with:
(a) Initial details of the engagement (including dates, place, times and nature of engagement and financial arrangements) within three business days of proposing you for an engagement, to assess your current availability for the engagement and your interest in negotiating the terms of the agreement to appear and/or perform. We will provide you with details of any legal requirements (including the requirement to obtain a work permit) you must fulfill to be able to undertake any engagement. We will also let you know if, at any time, we consider that undertaking the engagement will be detrimental to your interests.
( b) On verbal agreement of an engagement and terms by you & a third party, we will issue the third party with a “booking agreement” containing the agreed terms of engagement to be signed and returned within 7 days as confirmation of their acceptance of terms. Where applicable the agency will collect and hold a deposit from the third party, from which due commission may be deducted.
NB: At this stage, you should note the “potential engagement” in your diary and not undertake any other engagements on the proposed date without first notifying the agency and discussing the status of the booking.
(c) On receipt of the signed booking agreement, we will forward this to you within 2 business days of receiving such confirmation and you will be required to confirm your acceptance of the terms within the agreement by countersigning and returning the agreement to the agency within 5 business days.
(d) Prior to each show, you will be provided with brief information about each engagement including venue address, stage times, hotel and catering arrangements, the point of contact information and any requirements to collect fees.
2/ COMMISSION & PAYMENTS
2. In consideration of us acting as your agent in accordance with paragraph 1.1, you will pay us a commission at the following rates:
NON-EXCLUSIVE REPRESENTATION: 20% +VAT of GROSS negotiated earnings or performance fee.
EXCLUSIVE REPRESENTATION: 15% +VAT of GROSS negotiated earnings or performance fee.
2.2 Commission, Recharge Expenses (and VAT) shall be paid within 10 days of receipt of an invoice from us. If you do not pay us the Commission and/or Recharge Expenses within 10 days of receipt of an invoice, we shall have the right to charge you interest on any overdue amounts at 4% above the Bank of England base rate (from the date due to the date paid).
2.3 You authorize us to receive any and all income on your behalf into a client account and where appropriate deduct commission or rechargeable expenses from these payments. We will account to you (or to any third party you request in writing) for any such income, less our Commission and any Recharge or Disbursement Expenses, within 30 days of an engagement, unless agreed otherwise.
3/ YOUR REQUIREMENTS:
3.1 You will, on request provide us with:
(a) such information as we require to confirm your identity (including providing copies of your passport(s));
(b) details of your availability and the nature of any engagements you wish to undertake.
(c) a valid insurance document for Public liability insurance of minimum cover of £5 million. If you do not have PLI this can easily be arranged here
(d) VAT number if you are VAT registered.
3.2 You are responsible for accounting and paying any of income tax, VAT or other taxes due from your performance fees.
3.3 Where “you” are a company, such information will be provided in relation to you and the Artist. If “you” or the Artist are a group, you will provide such details in relation to each member of the group.
3.4 You must be aware that if we receive any information about you that indicates that you may be unsuitable to undertake any Engagement (or in the case of the Engagement being a tour, within 3 months of the commencement of that tour) we are under a legal obligation to notify the Promoter as soon as we become aware of that information and/or to investigate such information. You will provide us with such information and documents as we require to enable us to properly investigate such information.
3.5 You acknowledge that the agency is not responsible for any aspect of your performance or for any failure by yourself to perform for technical reasons or otherwise. You acknowledge that the agency will accept no financial penalties issued to it by third parties for this and any such penalties under these circumstances will be dealt with by your or your legal representatives. In the event of you being unable to perform, you will inform the agency by telephone as soon as possible. In the event of illness, it may be necessary for the artist to obtain a doctor’s certificate.
4.1 The agency is not responsible for any cost incurred by you in attending an arranged performance including but not limited to tour management, transport, and accommodation. If a third party is underwriting any of these costs it will be clearly stated in the booking agreement
4.2 You acknowledges that the agency is not liable for any damage to your equipment or any personal injury or loss suffered by the artist relating in any way to the engagement.
4.3 You are expected to strictly observe stage etiquette with regards to drinking and/or the consumption of intoxicating or illegal substances whilst on the third party promoter’s premises.