LOUD Artists Ltd – Standard Terms of Business – Buyer
On 17 December 2003, The Conduct of Employment Agencies and Employment Businesses Regulations 2003 were made, and subsequently amended in 2007, 2010, 2019 and 2019 (the Regulations).
The Regulations provide that agents within the music agency provide their standard terms of business in writing to each hirer (promoter/venue) with whom they deal. We are dealing with you as a hirer (as defined in the Regulations).
The Terms of Business (Appendix 2) cover those terms set out in the Regulations that we are required to provide you with in order to comply with these Regulations. All definitions and Additional Terms are set out in Appendix 1.
By signing this, you confirm your agreement to the Terms of Business (including Appendix 1) and the terms of this covering letter.
These Terms of Business do 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. You agree that if, at any time, we agree any terms that conflict with these Terms of Business, such further terms will have no effect and if we agree any term that conflicts with the Regulations then the Regulations prevail.
Any artist (which includes any person, firm or company entitled to make an Artist’s services available to third parties) with whom you contract or wish to contract in relation to (a series of) Engagements.
Any arrangement(s), engagement or series of engagements that you will directly or indirectly provide for the Artist
Any payment or benefit of any kind to be paid by you in relation to any engagement (whether to the Artist or to us or any third party on the Artist’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
The Guidelines On the Conduct of Employment Agencies and Employment Business Regulations 2003 produced by the DTI in conjunction with the Recruitment and Employment Confederation and Equity a copy of which is available to be read online at http://www.dti.gov.uk/er/agency/conduct.pdf
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 a copy of which is available to be read online at http://www.legislation.hmso.gov.uk/si/si2003/20033319.htm, as amended
Terms of Business
The standard Terms of Business out in Appendix 2
LOUD Artists Ltd.
Company registration no. 13178637. Registered office (45A Topsfield Parade, London, N8 8PT)
Insert details of the promoter including company number, registered office and email address
1.1 We have been appointed as the agent for the Artist.
1.2 For the purpose of the Regulations, we act on the Artist’s behalf as an employment agency not as an employment business.
1.3 We will negotiate and agree with you the terms on which the Artist will perform any Engagement(s) and draw up the agreement between you and the Artist. We are not authorised to enter into or sign any agreement with you on the Artist’s behalf. We will not enter into agreements with the Artist on your behalf.
2.1 Unless otherwise agreed in writing, you will, on our request, pay the whole or any part of the Fees to us on the Artist’s behalf or to any third party nominated by the Artist and notified by us to you.
2.2 Any deposit payable to the Artist for any Engagement(s) will be held by us in our client account and (subject to paragraph 2.3) will only be payable to the Artist on the day following completion of the Engagement to which the deposit related.
2.3 Unless with our prior written approval you agree otherwise with the Artist, if you cancel any Engagement for any reason and the Artist was available to fulfil such Engagement, any Fees for that Engagement will be paid in accordance with paragraph 2.1 immediately on demand.
2.4 Any Fee payable to us will be paid by you for the provision of the Artist’s services.
2.5 Prompt payment of any Fees including any deposit and any other monies due to the Artist within the deadlines specified in Appendix 1 or otherwise agreed in writing is of the essence of these Terms of Business. If you fail to meet any payment deadline in connection with the Engagement, the Artist may at the Artist’s sole discretion decline to perform and retain any Fees paid or payable at that date as compensation for your failure to comply with such payment conditions. Furthermore, any instalments of the Fees not yet paid at that date shall in such circumstances immediately become due and payable in full upon demand. In addition, the Artist shall in such circumstances be entitled to compensation and interest for any instalment of the Fees paid late or unpaid pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
3.1 We are not responsible for the Artist’s attendance at any Engagement and we are not required to ensure that the Artist undertakes any obligations you agree with the Artist.
4.1 You will provide us with:
(a) such information as we require to confirm your identity and the identity of your business (including providing copies of your passport(s) and/or certificates of incorporation);
(b) the nature or name of the Artist;
(c) details and dates of any Engagements for which you wish to engage an Artist together with the location of the Engagement and the duration of the Engagement;
(d) details of any risks to the health and/or safety of the Artist in undertaking the Engagement known to you and the steps you have taken to prevent or control such risks (including as suggested by the Guidelines, a copy of the risk assessment of the venue/site, equipment and working conditions
(e) any qualifications and requirements (if any) with which the Artist must comply (including the membership of any union or professional body);
(f) details of the Fees (and any expenses) you are prepared to pay the Artist and the payment schedule;
(g) details of any right for both you and the Artist to cancel or withdraw from any Engagement;
(h) confirmation of whether you will be acting as an employment agency or employment business (for the purposes of the Regulations)
(i) any other information that would be relevant to the Artist agreeing to undertake any Engagement.
4.2 We are obliged to provide the information you provide to us under paragraph 4.1 to any potential Artist.
4.3 Based upon the information you have provided us, we will provide you with details of any legal requirements that must be fulfilled for you to be able to engage the Artist for any Engagement.
4.4 If you do anything which we reasonably consider is detrimental to the interests of any Artist (or if you do not do anything that you should have done that we consider is detrimental to the interests of any Artist), we reserve the right to provide details of this to the Agents’ Association of Great Britain who may in turn provide this information to its members.
5.1 You are aware that, by the nature of the Engagement, the Artist may be required to travel and live away from home for a period of time. If you agree to provide the Artist with travel and/or accommodation, you will provide us with such information in relation to those arrangements as we reasonably require to satisfy ourselves that suitable provisions have been made. You will procure that such accommodation is suitable for the Artist before the Engagement begins.
6.1 Any Additional Terms referred to in Appendix 1 shall form part of these Terms of Business.
6.2 Both we and you will be entitled to send any notices or other information we are required to give to the other by email to the email addresses set out in the Appendix 1.
6.3 We act for the Artist as agent but not as principal and therefore we shall have no liability to you in respect of any breach or failure by the Artist to observe or perform any terms or conditions of any Engagement or agreement for the same.
6.4 Nothing in these Terms of Business shall be enforceable by a third party solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms of Business other than the Artist.
6.5 These Terms of Business shall be governed by English law and the English Courts shall have exclusive jurisdiction.