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Terms of Business |
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2. When acting as an Employment Agency ….. a) LnB acts as a negotiator only and is not party to the resulting contract. For this reason LnB cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases LnB will replace the act or engagement with one of similar price and quality. b) LnB seeks to negotiate agreements for the Artiste in those branches of the entertainment field for which the artiste is suited by reason of their talent. c) For the provision of this service LnB charges a fee equivalent to an agreed percentage of the contracted fee receivable by the artiste in accordance with our commission policy. LnB will also collect any applicable Tax such as VAT which is due under English Law. The charge may be made to either the artiste or the promoter subject to the negotiated acceptance of the party in question. d) The fee (commission) is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission under any circumstances, e) Where charged to the artiste the fee will still be due if the artiste fails to appear, said non-appearance being as a result of any action or inaction of the artiste. f) Where charged to the promoter the fee is normally paid in advance and is always non-refundable. g) Cancellation of any contract negotiated through LnB is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or unavoidable circumstances LnB reserves the right to levy a charge of up to 25% of the agreed fee against the cancelling party, to cover the additional expenses incurred in the cancellation. This is in addition to any amount that may be payable by either party under terms of the said contract. h) LnB normally acts as a negotiator only and as such may not enter into agreements on behalf of third parties. If at any time LnB is authorised to enter into agreement on behalf of the artiste or the client for any individual booking, such authority will be made known to both parties during the negotiation. i) LnB may receive fees due to the artiste but must account to any such artiste for payment received. j) The artiste will be required to honour any and all contracts negotiated and accepted on their behalf. The artiste must undertake to ensure that any ongoing commission due is paid to LnB within 10 days and in accordance with these terms and conditions. 3…When acting as an employment business. a) LnB is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement including to pay the contracted fee to the artiste when it is due regardless of whether or not LnB has been paid by its customer. b) The fee payable to the artiste will be the fee agreed and duly indicated in the contract. c) No charge other than the contracted fee is made. d) The artiste will be employed under a contract for services. e) Any contract entered into between LnB and the artiste will be for an agreed period (normally 1 performance) and will not provide for cancellation by either party. f) Since the artiste will be self employed or an incorporated body there will be no entitlement to holiday pay or any payment in lieu thereof. 4… a) Commission or monies owed to LnB will be paid within 7 days of the Engagement or as otherwise stated in the agreement. The company reserves the right to deduct any monies due to LnB and forward the balance. 5…In order to ensure that there are no non appearances or let downs all verbal agreements are confirmed in writing by LnB in the form of an agreement. In the event of a short notice booking the agreement may be sent after the event for your records. 6… The display and or presentation of any artiste’s address or contact number at a function negotiated through LnB shall be regarded as a breach on contract and may render the artiste liable to pay severe damages in respect of that breach to LnB. 7…Any contract negotiated through LnB shall be subject to these terms and condition of business unless otherwise agreed in writing between all concerned parties. In particular any conflicting terms of business shall have no effect. The document “commission document / Agreement forms part of these terms and must be read and construed as such. All contracts to which these conditions apply shall be construed in accordance with English Law. 8… No servant or agent of this agency has the power to vary these terms and conditions.
9…Whenever the context so admits masculine shall mean feminine also singular
number shall mean
A. W.
Bennett AUGUST 2005. |
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