TERMS AND CONDITIONS
standard terms and conditions of business
Under the regulations governing the Conduct of Employment Businesses made on 17th December 2003, musicmedia events hereby notifying you of our Terms of Business. Please read these carefully.
These Terms of Business may not contain the entire agreement between us but comprise the principal terms under which we conduct our business. If we agree any further terms, we will agree these in writing. If you object in any way to these terms please notify musicmedia events in writing via email: firstname.lastname@example.org and ask for confirmation of receipt such notification.
Sean Quinn …………………………………………………………. PRINT NAME
For and on behalf of Agent (musicmedia events) For and on behalf of
(who be signing this warrants that he/she is authorised to sign on behalf of the Promoter/Artiste)
Artiste – Any performer and their chosen representative with whom the Promoter wants to contract or wish to contract in relation to (a or series of) Engagements.
Promoter – Party that wants to hire, contract the Artiste for an Engagement.
Agent – Appointed by Artiste or Promoter to secure Artiste for Engagement(s) (musicmedia events tel: 08456 432 678 email: email@example.com).
Engagement – Any arrangement(s), performance or series of bookings that Promoter will provide for the Artiste as confirmed in the Agreement.
Fee – Any fees to be paid by Promoter to the Artiste (or to any third party on the Artiste’s behalf) including but not limited to any expenses, advances, deposits, guarantees and overages and including any VAT or other sales tax payable on such amounts.
Offer – Outline of proposed Engagement from the Promoter to Artiste detailing Fee along with other provisions that if accepted will form basis of Agreement.
Agreement – Confirmation of terms of the Engagement Offer in form of a contract between the Promoter and the Artiste.
Booking Fee – Charge for Agent’s services.
Standard Terms of Business
1.1 To source on behalf of the Promoter a suitable Artiste for an Engagement or alternatively to provide an acceptable Offer from the Promoter when acting on behalf of the Artiste..
1.2 The Agent will negotiate the Fee and agree terms between the Promoter and Artiste for an Engagement. When the Agent is acting on behalf of the Promoter, the Promoter agrees to confirm the Offer in writing first of all to the Agent so the Agent can make a formal approach to the Artiste with said Offer. Alternatively, the Agent will provide written details of the Offer from the Promoter when acting on behalf of the Artiste. An Agreement takes place when the Artiste confirms acceptance of the Offer.
1.3 Depending on exclusivity, the Agent or Artiste will issue an Agreement confirming the terms of the Offer relating to the Engagement. The Agent will then communicate any amendments or additions that either the Promoter and/or Artiste want to make to the terms of Agreement before signature.
1.4 The Agent is not authorised to enter into or sign any Agreement on behalf of the Artiste or the Promoter in this respect. The Agent is not responsible for the compliance by Promoters or Artistes of their respective obligations in relation to Offers and Engagements although The Agent takes all normal precautions. Unless specifically stated otherwise, will at all times act as Agent and never as the principal.
1.5 For the purpose of the Regulations, the Agent acts as employment agency and not as an employment business.
1.6 As the Agent is not a signatory to the Agreement, the Artiste or Promoter may also want to issue their own terms of business.
2 Payment and Deposits
2.1 The Promoter will normally be required to pay whole or any part of the Fee to the nominated account stipulated in the Agreement.
2.2 Any deposit payable to the Artiste under the Agreement will be normally held in the Agent’s client account and (subject to paragraph 2.3) paid to the Artiste on the day following completion of the Engagement to which the deposit related.
2.3 Unless agreed otherwise between the Promoter and the Artiste, if the Promoter cancels or postpones the Engagement then the Promoter will forfeit their deposit. If such cancellation takes place within a month prior to the Engagement and then the Fee will paid in full by Promoter to the Artiste upon demand, 75% of fee within 31-90 days and 50% 3 months before commencement of Engagement(s) unless stated otherwise in the Agreement. Cancellations must notified into writing to Agent at the email address above and receipt acknowledged with a return email.
2.4 Agent’s Booking Fee will be agreed from the outset and is payable in full once the Artiste has accepted the Engagement offered by the Promoter. When the Booking Fee forms part of a commission of Artiste’s Fee then cancellation terms will be the same as those for the Artiste Fee in 2.3 unless agreed otherwise in writing or in The Agreement.
2.5 Any outstanding balances due to Artiste by Promoter will be paid to nominated bank account within seven (7) days completion of The Engagement unless otherwise agreed.
2.6 If the Engagement is cancelled by the Artiste then the Artiste should promptly repay the Fee with any recoverable expenses to Promoter. In such an eventuality the Agent will use their best endeavours to find a suitable replacement.
2.7 Should the Promoter decide against proceeding with an Artiste that it has directed the Agent to find then the Booking Fee will still be payable in full in recognition of the work done. The Promoter may also be liable to the Artiste for part or all of the Fee as a result of not proceeding with any sanctioned Offer.
3.1 The Promoter will provide
- a) Confirmation of their identity and business.
- b) Details and dates of Engagement date(s), location and duration of Artiste’s performance.
- c) Details of any risks involved for the Artiste in attending and performing at the Engagement including a copy of any health and safety assessment where required.
- d) any qualifications and requirements (if any) with which the Artiste must comply.
- e) Details of Fee and payment schedule plus any additional expenses. Unless otherwise agreed between Artist and Promoter, the Promoter will provide in addition to Fee, a PA & lighting system (Production) and a dressing room catering rider. Other Artiste expenses such as travel, additional meals and hotels will be agreed separately as part of the Offer from The Promoter to The Artiste. Other local expenses such as venue hire, venue staff, licence payments etc. will normally remain the cost of The Promoter.
- f) Prior to acceptance of amended Agreement the details of any right for Promoter or Artiste to withdraw or cancel the Engagement.
- g) Any further information relevant to the Agreement.
4.1 All copyright and other intellectual property rights relating to any performance and any material or documentation used by the Artiste during a performance remain vested in the Artiste. Any information received by the Agent about the Agreement and/or Artiste is strictly confidential and may only be used in relation to each particular Engagement. Under the terms of the Data Protection Act, the Agent is not allowed to disclose any information on the Artiste unless that Artiste has given specific permission. By accepting these Terms of Business, you accept that Agent may hold information on your behalf about specific Engagements and/or Artiste(s) and/or their personal details.
4.2 Any Additional Terms referred to in Appendix 1 shall form part of these Terms of Business.
4.3 Any notices or other information communicated between Promoter, Artiste and Agent will be given by email to the address set out in the Appendix 1.
4.4 These Terms of Business shall be governed by English law.
4.5 Variation in Terms of Business: Any changes to these Terms of Business must be notified in writing within 5 days of such variation being applied.
4.6 PLEASE NOTE however, that if The Agent introduces an Offer on behalf The Promoter or Artiste and the Offer accepted , then these are the Agent’s Terms of Business for trading together.
4.7 In consideration of the Agent providing the services of the Artiste to the Promoter under the Agreement both the Artiste and the Promoter hereby agrees that they and any other no person connected with them will solicit or attempt to solicit the services of the Artiste otherwise than through the Agent within 24 months of Engagement date.
tel: 08 456 432 678
GET IN TOUCH
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