Allied Broadcasting Company - Terms of Business

TERMS OF BUSINESS ~ Artistes

We Allied Broadcasting Company Ltd trade as an Employment Business in compliance with the conduct of Employment Agencies and Employment Businesses Regulations 2003 (as detailed in statutory instrument 2003 No. 3319).

1. You have made yourself know to use as a . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.

2. 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. You should note that if you do not honour any Engagement and your failure to honour such engagement causes a loss of revenue to this Agency, you will be required to pay the commission on the Fee you would have received for such Engagement except where your failure to perform is caused by reason of illness or by "Force Majeure", as laid down in the VLEC/Equity/Agents, Association Standard Contract (a copy of which will be made available to you upon request).

ln the case of illness you will be expected to provide us with a Medical Certificate within seven days.

3. We will charge you a commission of 15% plus VAT or as agreed at the time of the enquiry 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.

4. 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-engagement made with any hirer at any venue originally introduced, negotiated and/or secured by us where such re-engagement is agreed within a twelve month period of the original Engagement.

5. 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 14 days of such Engagement and on presentation of our invoice whichever is the later.

6. lf 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 rate.

7. You hereby grant us the necessary permission to collect Fees from my 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 commission from the Fees and other monies held by us.

8. On any Engagement you undertake where payment is made to us then we agree to 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 that Commission remains unpaid; and (3) any other monies also properly due to us.

9. 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 collet on your behalf at anytime.

10. 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.

11. 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 the 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 prior agreement.

12. 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.

13. 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 may be unsuitable for any Engagement, we are under a legal obligation to notify the hirer as 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 you to enable us to properly investigate such information.

14. 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.

15. 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 a 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 of any notes or documentation that we hold relevant to the cancelled Engagement.

You should also note that Commission (as detailed in above) will be payable to us on any compensation, net of costs, that you secure in such action.

16. 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.

17. 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.

18. 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

19. 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 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 Commission as set out above.

20. 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.

Terms of Business ~ Client/Promoter

1. "The Agent" means Allied Broadcasting Company Limited (ABC) who is the negotiator of the booking, "Client/Promoter" means any person, firm or company who purchases the entertainment services of an Artiste. The "Artiste" means any individual, group or company who supply or perform entertainment services.

ABC works primarily as an Employment Business. The way in which ABC is acting for each booking will be made clear to all concerned parties prior to the completion of negotiations, and will be clearly shown in the documentation issued.

2. Any contract negotiated through the Agent shall be subject to these Terms of Business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting Terms of Business shall have no effect. All contracts to which these conditions apply shall be construed in accordance with English Law . The Client/Promoter agrees that their verbal, electronic or written confirmation of this booking will confirm their acceptance of these Terms of Business.

3. When acting as an Employment Business:

(a) ABC acts as negotiator only and is not a party to the contract. For this reason we cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, we will replace the act or engagement or Artiste with one of similar price and quality.

(b) ABC charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, and will also collect any applicable tax (for example VAT) which is due under English Law.

(c) Cancellation of contracts negotiated through ABC is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, we reserve the right to levy a charge of up to 20% against the cancelling party to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract.

4. Unless otherwise stated on the booking contract, payment for each contract shall be either:

(a) Full payment by cleared funds within 28 days of the contractural performance date..

Or

(b) A non-refundable booking deposit to be paid to ABC within 14 days of the issue date of the contract. The balance being payable a minimum of 21 days prior to the contractual performance date.

If payment is not received within the prescribed time ABC will be at liberty to make a surcharge of interest of 5% over bank of England base rate, and to add such additional charge every seventh day thereafter, until payment is made. We reserve the right to pass any debt to a third party for collection. If a debt is passed to a third party for collection you will be liable for all of the third parties costs, fees & surcharges, in addition to the debt.

5. All contracts are binding and do not provide for cancellation. (see 3(c))

6. In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the signing of a written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records.

7. No servant or Agent of ABC has the power to vary these terms and conditions.

8. The Client/Promoter agrees to negotiate all future bookings for the Artiste with ABC and not with the Artiste directly for the period covering the issue date of the contract until 18 months after the performance date of the contract. Failure to adhere to this will result in the client being invoiced accordingly.