Terms and Conditions
1 To obtain the artist’s express consent before entering into any binding commitment on behalf of the artist.
To use best endeavours to promote and advance the career and interested of the artist and to obtain appropriate engagements and employment for the artist and other contracts for the exploitation of the artist’s work as may be appropriate and within the scope of this agreement as provided in Clause 3, and to keep the artist fully informed of those efforts and the result of them.
To advice and guide the artist in all matters to the artist’s career in entertainment, both by periodic unsolicited advice and by advice specific to the artist when so requested.
To negotiate fees for the artist at the best rates reasonably obtainable for all engagements and employment of the artist and for all other contracts for the exploitation of the artist’s work within the scope of this agreement (whether or not the agent shall have been instrumental in obtaining the engagement employment or contract).
Subject to the artist’s express consent to enter into contracts on behalf of the artist and to grant licences and consents for the use of the artist’s performance PROVIDED that all contracts shall be signed personally by the artist or by the agent with the artist’s written permission.
To use best endeavours to ensure that all monies are collected which are due to the artist in respect of work or contracts to which this agreement applies, whether or not the agent negotiated the terms on which the work was done or the provision of the contract.
If the artist is registered for Value Added Tax (VAT) and has notified the agent of that registration to include a claim for VAT in all claims for remuneration for the artist.
To pay the artist within 10 working days of receipt of any monies due to the artist, without any deductions other than the commission due to the agent and the VAT payable on that commission.
All monies collected by the agent on the artist’s behalf shall be forthwith paid into a client account which the agent will maintain with the agent’s bank and which will be called a client account. This account will not be used for any other purposes other than for the holding and payment out of the monies on behalf of the agent’s clients and which will not be charged or used as security by the agent nor exploited by the agent in any way except that if the agent’s bank shall be paid any interest on the credit balance for the time being on such account the agent shall be entitled to retain such interest.
After consultation with the artist to make all appropriate arrangement for the examination of record books and accounts of any other party to a contract to which this agreement applies for the purpose of calculation the sums due to the artist.
To permit the artist (or artist’s representative) to examine all record books and documents for the purpose of verifying any statement of account between the agent and the artist, or to enable such a statement to be compiled.
To co-operate with any solicitors instructed by the artist (or by the artist’s personal representatives or attorneys) and to provide them with such information and assistance as they may reasonable require to assist such solicitors in the pursuit of any claim by the artist (or the artist’s personal representative or attorneys) relating to the artist’s work to which this agreement applied or to the artist’s loss of earning, whether through breach of contract, infringement of copyright, accidental injury or otherwise.
Not to disclose any information concerning the personal or business affairs of the artist except for the purpose of promoting the artist’s career and obtaining favourable contract terms, or to the professional advisers of the artist, or to such other persons who may be lawfully entitled to receive such information.
Artist’s Obligations
To refer to the agent all enquiries and approaches concerning such work or its exploitation.
To use best endeavours:
to keep the agent informed at all times as to the artist’s current address and telephone number;
to maintain a mobile phone or home telephone answering phone or service and to ensure that is operating when the artist is not available to answer the telephone; and
To check such machine or service for message at least once every working weekday, except during periods when the artist shall have notified the agent that the artist will not be accessible by telephone.
To use best endeavours to notify the agent of all periods when the artist:
will not be available to undertake engagements or employment unless the reason that the artist will not be available is an engagement or employment arranged by the agent (but this exception does not apply to extensions of such engagements or employment of which the agent not know); and
Will not be accessible by phone.
To carry out to the best of the artist’s ability all contract and engagements, and the duties of all employment, to which this agreement applies.
To use the artist’s best efforts to act in accordance with the agent’s advice given after consultation between the agent and the artist with regards to promoting the artist and advancing the artist’s career.
To notify the agent and to provide full particulars if the artist is registered for VAT; or to the artist if they have ceased to be so registered.
To become and remain a fully paid up member of “The Spotlight” throughout the duration of this agreement, should the agent require.
7 Warranties
Both parties respectively warrant to the other:
that they are free to enter into this agreement and that it does not infringe any other agreement by which either of them is bound:
That if either party has an interest in any enterprise with which the other is contracting, or proposing to contract, to disclose the fact to the other and to waive or vary the terms for the payment of commission as may be just and fair in the circumstances.
8 Commission
The agent shall be entitled to commission:
At the rate of ten percent on all the earnings of the artist from the work to which this agreement applied regarding theatre, cabaret, concert and other live performance appearances
At the rate of ten percent on all earning of the artist from the work which this agreement applied regarding sound, recording, television and film performance appearances.
At the rate of ten percent on all earnings plus VAT on any commercial, photographic, stills where applicable, payable on any and all engagements introduced, negotiated or secured by us and accepted by you.
The rate of commission is shown in more details on Clause 3 of the Terms of Business.
Provided that:
commission shall not be payable unless payment is actually received by the artist or by the agent
commission shall not be payable in respect of sums paid as reimbursements of the expenses incurred by the artists in connection with the work nor in respect of sums paid to the artist during rehearsals for live performances;
if the agent is registered for VAT, VAT will be payable in addition to the commission;
“earnings” include, in addition to fees and salaries for work done, residual fees, royalties, licence fees in respect of work to which this agreement applies even if the sums in question are paid (with the artist’s agreement or by the artist’s direction) to some other person or body, but not reimbursed of expenses incurred by the artist;
Commission is payable in respect of earnings from work which the artist entered into a contract during the appointment of the agent, even if the work was actually done following its termination: but in respect of residual fees, royalties, and licence fees payable in respect of use if the artist’s work commission shall only be payable on sums according and due to the artist for a period of five years following the termination of the appointment;
If with the consent of the agent any other agent is involved in procuring work for the artist, any commission payable to the other agent shall (unless the artist shall have given his express consent) be paid out of the commission payable to the agent under this agreement;
The agent may deduct the commission and the VAT payable hereon from sums received on the artist’s behalf;
Consent
The artist hereby authorises the agent to give on the artist’s behalf any consent required under the Copyright Designs and Patents Act 1988 or any statutory amendment or re-enactment thereof.
This Agreement constitutes the entire agreement between the parties. No statement or representation by either party which is not contained in this agreement shall be binding. Nothing in this agreement detracts from the provisions of the Employment Agencies Act 1973 or any statutory amendment or re-enactment thereof.
Jurisdiction
This agreement is governed by the law, and is subject to the jurisdiction of the Courts of England and Wales