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Terms of Business for Entertainers

Terms of Business for Entertainers

HIREABAND LIMITED – TERMS OF BUSINESS WHEN ACTING AS AN EMPLOYMENT AGENCY
(When commission is charged)

We, Hireaband Limited, are members of the Agent’s Association (Great Britain) and trade as an Employment Agency in compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (as detailed in Statutory Instrument 2003 No. 3319).

We write to confirm our Terms of Business in respect of your act in relation to contractual arrangements and engagements for your services within the entertainment industry (Engagements) with third party hirers.

1. In all dealing with this office you will be considered self-employed for National Insurance and Income Tax purposes.

2. You have made yourself known to us and have provided/undertake to provide the personal details requested by us to enable us, with your agreement to introduce, negotiate and secure Engagements on your behalf as appropriate to your talent, capabilities and qualifications. When an Engagement has been negotiated and accepted by both you and the hirer, a contract, whether verbal or written, then exists. We will issue or arrange the issue of appropriate documentation confirming specific details for each Engagement negotiated on your behalf.

3. We will be entitled to the Commission (set out below) for introducing and/or negotiating such an Engagement. Commission will be due on all Engagements introduced and/or negotiated on your behalf. This will apply unless a failure to perform is caused by reason of cancellation by the hirer (where our commission will be levied only on any damages or compensation you receive,) certified illness or accident affecting you or where a contract is “frustrated”, e.g. by “Force Majeure.” In the case of illness you will be expected to provide us with a Medical Certificate within seven days. You should note that if you cancel an engagement without adequate reason as detailed above, you may leave yourself open to a claim from, or action by, the hirer for any loss or damage suffered by such hirer as a consequence of your cancellation. In such cases, proven damages are not limited to the value of the contract and could be extremely onerous under certain circumstances.

4. We will charge you a commission of 20% plus VAT (unless otherwise agreed in writing) on any and all fees (including advances, deposits guarantees, repeat fees and overages) (Fee) payable on any and all Engagements introduced, negotiated or secured by us and accepted by you.

5. Display and/or distribution of your own contact details constitutes a breach of these terms.

6. You will pay the Commission on any Fee paid or payable to you for any renewals and/or extensions of any Engagements made on your behalf and on any re-engagements made with any hirer at any venue originally introduced, negotiated and/or secured by us where such re-engagement is agreed within an eighteen month period of the original Engagement.

7. On all Engagements you undertake where payment is made to you or any third party on your behalf on the night, Commission is payable to us on any such Fee, within 7 days of such Engagement and on presentation of our invoice whichever is the later.

8. If your account falls more than 30 days overdue then we will be entitled to add interest on a daily basis equivalent to an annual rate of 5% over Bank of England base rates.

9. You hereby grant us the necessary permission to collect Fees from any Engagement and other monies including (but not limited to) expenses, royalties, repeat fees, etc. on your behalf in relation to any Engagement we have introduced, negotiated and/or sourced. Where any fees are paid to us directly, we will invoice you for the Commission on those Fees on receipt of those Fees. The Commission will be payable on receipt by you of the invoice. We shall be entitled to deduct our Commission from the Fees and other monies held by us.

10. (a) On any Engagement you undertake where payment is made to us then we agree to receive and handle the Fees and any other monies payable to you through our client account. We will pay you any Fees and other such monies within ten days of our receipt of cleared funds, less: (1) any Commission payable on the Fees in relation to that Engagement; (2) any Commission on any fees in relation to any other Engagement arranged by us where the Commission remains unpaid; and (3) any other monies also properly due to us.

(b) With regard to weddings bookings, we will ask your client to forward payment in full (less any fess already paid) to our Client’s Account 1 calendar month prior to the engagement. We will then pay you from our Client’s Account on the Monday following the engagement (less any commission due to us from that booking). Payment from our Client’s Account will be in the form of a BACS transfer. Please advise your banking details.

11. Any payment made to you by us prior to our receipt of Fees for any Engagement shall be at our discretion and be deemed to be in the form of a loan; repayable immediately on demand if the Fees are not forthcoming from the hirer. You hereby give us permission to reimburse ourselves for any such loans made, from any Fees or other monies we collect on your behalf at any time.

12. In the event that we have already charged you (or deducted) Commission on an Engagement where it transpires that the Fees are not met in full, then we will rebate our Commission (or issue a credit note) on that portion of your Fees that you did not receive through default on the part of the hirer.

13. It is not our responsibility to recover overdue unpaid monies from any hirer. Any costs we incur over and above the normal cost of collecting monies from a hirer (for example: stopped or re-presented cheques) will be chargeable to you. Any other costs we reasonably incur in the collection of monies from a hirer shall only be incurred and charged to you with your prior agreement.

14. We will keep details of financial transactions made on your behalf for 6 years and details of contracts, confirmations and/or letters of agreement for work negotiated on your behalf for 1 year after the relevant Engagement. Such records may be in written or electronic form.

15. We will be required to provide some of the personal information that you provide to us to each potential hirer. Aside from this, we will keep the personal information you provide us on file and will use it only as necessary to secure work for you. We will not otherwise divulge such information to third parties without your express consent except where we are required to make any such disclosure to your professional body or required to make such disclosure by law. You must be aware that if we receive any information about you that indicates that you be unsuitable for any Engagement, we are under a legal obligation to notify the hirer a soon as we become aware of that information and/or to investigate such information. You will, on request, provide us with such information and documents as we require enabling us to properly investigate such information.

16. Please note that in seeking suitable work for you, we may offer your services to other agencies and, where appropriate, will authorise such agencies to collect your Fee from hirers and pay them via our Agency. Where we “sub contract” our services, we will endeavour to ensure that the second agency is “suitable” (as defined by regulations) and we may provide such second agency with such personal details as are required to secure the work in question.

17. In the event that an Engagement negotiated and confirmed for you is cancelled by a hirer, you may have grounds for claiming compensation from such hirer – subject to the legal requirements that you use your best endeavours to mitigate any potential loss. You should note that we act only as your Agents in securing Engagements for you and are not party to the agreement for any Engagement. Therefore, in the event you wish to take action to secure compensation, it will be up to you to proceed directly against the hirer. We will assist in such claim(s) only in so far as we will provide you with copies or any notes or documentation that we hold relevant to the cancelled Engagement. You should also note that Commission (as detailed above) will be payable to us on any compensation, net of costs, that you secure in such action.

18. We will use our best endeavours to obtain, and make you aware of, any relevant information and/or issues relating to Health & Safety and any legal requirements you must comply with in any Engagements we negotiate for you. You, in turn, undertake to keep us fully informed of any aspects of, or changes to, your act or presentation which may have Health & Safety (or other risk) implications of which we should inform potential hirers.

19. It is your responsibility to ensure that your equipment (where applicable) is maintained in a safe condition, particularly electrical equipment which should be PAT (Portable Appliance Testing) certified.

20. It is your responsibility to arrange, and keep current, suitable Public Liability insurance. We recommend that this cover should be in the sum of not less than £5,000,000 (five million pounds)

21. Our appointment under these Terms of Business is non-exclusive and you will be entitled to appoint other agents on your behalf. We do not give you any guarantees as to the level of work or number of Engagements that we will introduce to you. You can terminate our appointment by giving us no less than 30 days notice in writing of your intention to do so. We can terminate our appointment by giving you no less than 30 days notice of our intention to stop acting for you. In the event our appointment is terminated for whatever reason, you will still be required to pay us the Commission as set out above.

22. If any Engagement requires you to work with any persons under the age of 18, you will, on request, provide us with such additional information as we require to ensure you are suitable for that position.

23. By signing the digital contract which links to these terms, you agree to be bound by them and to abide by all the conditions and requirements contained therein.

 

HIREABAND LIMITED – TERMS OF BUSINESS WHEN ACTING AS AN EMPLOYMENT BUSINESS (When No Commission is Charged & Only Applicable to Acts Booked in Scotland)

We, Hireaband Limited, are members of the Agent’s Association (Great Britain) and trade as an Employment Business in compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (as detailed in Statutory Instrument 2003 No. 3319).

We write to confirm our Terms of Business in respect of your act in relation to contractual arrangements and engagements for your services within the entertainment industry (Engagements) with third party hirers.

  1. You have made yourself known to us and have provided/undertake to provide the personal details requested by us to enable us, with your agreement to introduce, negotiate and secure Engagements for you as appropriate to your talent, capabilities and qualifications. 
  2. You will provide your services to us and we will contract directly with any hirer for the provision of your services.
  3. These Terms of Business together with any specific terms we agree in relation to each such Engagement will be the terms upon which you supply your services to us. The specific terms we agree for each Engagement will, in these Terms of Business, be called Terms.
  4. When the Terms have been negotiated and accepted by you and us, you will be under an obligation to perform at that Engagement in accordance with the Terms and to provide your services, through us, to the hirer. We will provide you with written confirmation in an electronic format of the Terms for each Engagement you have agreed to undertake. When agreed by you and us the Terms will be incorporated into these Terms of Business for the purpose of that Engagement.
  5. You will undertake and perform at each Engagement to the best of your ability. In undertaking any Engagement you will comply with the reasonable instructions of both us and the hirer.
  6. Any subsequent engagements offered to you by a venue or client introduced to you by us shall be negotiated through this office but only if the engagement takes place within 18 months of the original engagement.
  7. We will agree the fee we pay you for that Engagement as part of the Terms (Fee). Unless we agree otherwise in writing, we will pay you the Fee within 1 calendar month of the date of the Engagement and following receipt of an invoice from you, less any monies properly due to us. You acknowledge that we will be paid by the hirer directly for the provision of your services and you agree to pay to us any money paid by or on behalf of the hirer directly to you or to any person or entity on your behalf in relation to the Engagement. We will from time to time agree a minimum level of Fee you will be prepared to accept for any Engagement and we will not, except in exceptional circumstances, refer to you any Engagement where the fee is less than the minimum agreed.
  8. The Fee is exclusive of VAT. We will pay any VAT properly payable on the Fee upon receipt from you of a valid VAT invoice on or before the date on which we would pay the Fee. You acknowledge that we will withhold from the Fee any sums we are required by law to withhold or deduct and pay such withholding or deduction to the relevant authority. In such a case, we will provide you with relevant documents evidencing the withholding or deduction.
  9. This is a contract for services and not a contract of service (i.e. this is not an employment contract) and it is not intended to form the basis of an employer/employee relationship between you and us. Accordingly, you are not entitled to any holiday or holiday pay in relation to the provision of your services or your undertaking of any Engagement. If we are required by Law or in any agreement with any union or other body to pay you holiday pay, the Fee will be deemed to include such holiday pay. You are responsible for the payment of any tax (whether PAYE or otherwise), National Insurance or other payments on the Fee.
  10. We will pay you the Fee whether or not we receive payment from the hirer. However, if you do not attend any Engagement for whatever reason (except only where your failure to attend and perform at an Engagement is our fault) you will not be paid the Fee for that Engagement.
  11. If you do not honour any Engagement and your failure to honour such Engagement causes us to lose revenue, you will be required to make good such loss, except where your failure to perform is caused by reason of illness or by “Force Majeure”, as laid down in the V.L.E.C./Equity/Agents’ Association Standard Contract (a copy of which will be made available to you upon request). In the case of illness you will be expected to provide us with a medical certificate within seven days.
  12. Except as otherwise agreed (or as set out in these Terms of Business), in the event that any Engagement is cancelled by the hirer, we will use our reasonable endeavours to find an alternative Engagement for you on the night(s) of the original Engagement on similar terms to the Engagement that has been cancelled. If we find any alternative Engagement, you agree to attend that Engagement on the new Terms. In addition, you will use your reasonable endeavours to find an alternative Engagement on those nights. If neither of us are able to find any alternative/replacement Engagement and the cancellation has taken place less than 60 days from the date the Engagement(s) were due to take place, we shall pay you as follows:
    1. where the hirer cancels the engagement between 31 and 120 days before the event date, 25% of the fee.
    2. where the hirer cancels the engagement between 8 and 30 days before the event date, 50% of the fee.
    3. where the hirer cancels the engagement up to 7 days before the event date, 100% of the fee.
  13. Any payment made to you by us prior to the Engagement shall be at our discretion and be deemed to be in the form of a loan, repayable immediately on demand, at our sole discretion. You hereby give us permission to reimburse ourselves for any such loan(s) from any Fee we are to pay to you at any time. In the event that you do not perform at any Engagement, you will repay to us such loan(s) within 7 days of the date that the Engagement was due to take place.
  14. We will keep details of contracts, confirmations and/or letters of agreement for work for which we supply you for one year after the completion of the relevant Engagement. Such records may be in written or electronic form.
  15. You consent to us processing both the personal information you provide us with and the information we obtain during our appointment. We will be required (and you agree that we may) provide some or all of the personal information that you provide to us to each potential hirer. Aside from this, we will keep personal information you provide us on file and will use it only as necessary to secure work for you. We will not otherwise divulge such information to third parties without your express consent except where we are required to make any such disclosure to your professional body, required to make any such disclosure by law, or as otherwise set out in these Terms of Business.
  16. You must be aware that if we receive any information about you that indicates that you are unsuitable for any Engagement, we are under a legal obligation to notify the hirer on the same day as discovery, or at the latest the next business day and either terminate the supply of your services to the hirer or to investigate the information we receive. You will on request provide us with such information and documents we require to enable us to properly investigate such information. Following the investigation we may still be required to terminate the supply of your services to the hirer. You will not be paid any Fee for such Engagement.
  17. Please note that in seeking suitable work for you, we may offer your services to other agencies and, where appropriate, will authorise such agencies to collect any fees payable in relation to any Engagement and pay it to us. You agree that we may “sub contract” our services and we will endeavour to ensure that the second agency is “suitable” (as defined by regulations). We may provide such second agency with such of your personal details as are required to secure the work in question.
  18. Please note that in seeking suitable work for you we will endeavour to ensure that the hirer is “suitable” (as defined by the Regulations).
  19. 19. We will use our best endeavours to obtain, and make you aware of, any relevant information and/or issues relating to Health & Safety and any legal requirements you must comply with in any Engagements we supply you for. You, in turn, undertake to keep us fully informed of any aspects of, or changes to, your act or presentation which may have Health & Safety (or other risk) implications of which we should inform potential hirers.
  20. It is your responsibility to ensure that your equipment (where applicable) is maintained in a safe condition, particularly electrical equipment which should be PAT (Portable Appliance Testing) certified.
  21. It is your responsibility to arrange, and keep current, suitable Public Liability insurance. We recommend that this cover should be in the sum of not less than £5,000,000 (five million pounds).
  22. If we negotiate an Engagement for you and we subsequently discover your services will be supplied for that engagement as a result of a previously engaged artiste taking part in an official strike or official industrial action at the same Engagement, we are required by law to cancel the supply of your services for that Engagement. In such a case we will not pay you the Fee.
  23. Our appointment under these Terms of Business is non-exclusive and you will be entitled to appoint other agents on your behalf. We do not give you any guarantees as to the level of work or number of Engagements that we will introduce to you. You can terminate our appointment by giving us no less than 30 days notice in writing of your intention to do so. We can terminate our appointment by giving you no less than 30 days notice of our intention to stop acting for you. You will not be entitled to terminate these Terms of Business (or the relevant Terms) in relation to any Engagement for which you have agreed to provide your services.
  24. If any Engagement requires you to work with any persons under the age of 18, you will, on request, provide us with such additional information as we require ensuring you are suitable for that position.
  25. If any Engagement requires that you work away from home, we must ensure that you and/or the hirer have arranged suitable travel arrangements. To that end you will provide us with such information as we require in relation to those arrangements.
  26. We are Members of the Agents’ Association (Great Britain) and reserve the right to advise fellow Members of that Association (via the Council of The Agents’ Association) if you fail to comply with these Terms of Business. Such disclosures, their content and the form they are in, will be at the discretion of The Agents’ Association.
  27. Each engagement offered and accepted by you shall be subject to these terms of business without exception. Failure to sign contracts does not constitute cancellation. If you do not agree to any part of these terms you must notify us immediately (prior to signature of contracts) and we will withdraw representation with immediate effect.

Please note that Hireaband Ltd is the franchisor and as such your agreement may be made via an officially appointed franchisee.  In that event, the franchisee and not Hireaband Ltd is the originator and negotiator of any contract. Hireaband Ltd does not accept any responsibility for errors or omissions made by franchisees.

- See more at: http://www.hireaband.co.uk/terms-of-business-for-entertainers/#sthash.fovayMJp.dpuf

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