Background
On 17 December 2003, The Conduct of Employment Agencies and
Employment Businesses Regulations 2003 (Regulations) were
made.
The Regulations provide that agents within the music agency
provide each artist with whom they act with their standard
terms of business in writing.
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 any Additional Terms are set out in Appendix 1.
Agreement
By signing this, you confirm your agreement to thte Terms
of Business (and Appendix 1).
These Terms of Business do not contain the entire agreement
between us but comprise the principle terms of our engagement.
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 the Regulations, such further terms will have no effect.
Signed:
Signed:
BOB PATERSON
For and on behalf of For and on behalf of
The Bob Paterson Agency (BPA)
PO Box 670
Ipswich
Suffolk
IP9 9AU
Date:
APPENDIX 1 - DEFINITIONS
Artist Any artist with whom you contract or wish
to contract in relation to (a series of) Engagements
Engagements Any arrangement(s), engagement or series
of engagements that you will provide for the Artist
Fees Any fees to be paid by you 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
Regulations The Conduct of Employment Agencies and
Employment Businesses Regulations 2003
Terms of Business - The standard Terms of Business
set out in Appendix 2
we/us
Bob
Paterson
The Bob Paterson Agency (BPA)
PO Box 670
Ipswich
Suffolk
IP9 9AU
England
(T/F) +44 (0)1473 749556
(E) bp@bobpatersonagency.com
(W) http://www.bobpatersonagency.com.
you
APPENDIX
2- STANDARD TERMS OF BUSINESS
1. SERVICES
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 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.
1.4 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.
2. PAYMENT AND DEPOSITS
2.1 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 you agree otherwise with the Artist, if you cancel
or postpone any Engagement for any reason and the Artist was
available to fulfil such Engagement, any Fees for that Engagement
will be paid to the Artist (or to us or any third party) immediately
on demand.
3. PERFORMANCE
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. INFORMATION
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 involved for the Artist in it attending
and performing at the Engagement (including if you required
to conduct any health and safety assessment, a copy of that
assessment);
(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 purpose of the Regulations);
and
(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. TRAVEL
5.1 You are aware that by the nature of this Engagement, the
Artist may be required to travel and live away from home for
a period of time. In such case you will provide us with such
information in relation to the Artist's travel arrangements
and accommodation (if any) as we reasonably require to satisfy
ourselves that suitable provisions have been made.
5.2 If you provide (or promise to provide) travel for the
Artist to any Engagement, you undertake to us (and will undertake
to the Artist) to provide both travel to the Engagement and
travel (or travel costs) for the return journey. You will
provide any information we request in relation to such travel.
If either we or the Artist are required to pay for any such
return travel you will pay to us such costs on demand.
6. GENERAL
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
e-mail to the e-mail addresses set out in Appendix 1.
6.3 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 signatory
to this Agreement other than the Artist.
6.4 These Terms of Business shall be governed by English law
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