Arcade Talent Agency Ltd
Standard Terms and Conditions of Business
Background
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Regulations) stipulate that agents within the music agency provide their standard terms of business in writing to each hirer (which includes any promoter and/or venue) with whom they deal. We are dealing with you as a hirer.
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.
Agreement
By signing this, you confirm your agreement to the Terms of Business (and Appendix 1).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.
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 and/or any Booking Fee) 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 out in Appendix 2
we/us
Arcade Talent Agency Ltd, The Old Workshop, 1 Ecclesall Road South, Sheffield, England, S11 9PA (Company No. 11445888) email: info@arcade-talent.com
you
(hirer)
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 (unless otherwise informed in writing) to enter into or sign any agreement with you on the Artist's 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 & DEPOSITS
2.1 Unless otherwise agreed:
(a) any deposit payable to the Artist for any Engagement(s) will be held by us in our client account;
(b) deposits will only be payable to the Artist within ten (10) days following completion of the Engagement to which the deposit/payment related
(c) 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/Agent immediately on demand.
3. PERFORMANCE
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 (which may include in the case of a sole trade or partnership providing copies of your passport(s) or in the case of a company provide a copy of the certificate of incorporation or equivalent document);
(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 undertaking the Engagement and the steps you have taken to prevent or control such risks (including if you are 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; and
(h) any other information that you consider 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 3.1 to any potential Artist.
4.3 We shall collect, retain, store and pass on personal information on Artists, Hirers, Suppliers and other Agents in accordance with the General Data Protection Regulations 2018.
4.4 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.
5. TRAVEL
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 (or other comfort) in relation to those arrangements as we reasonably require.
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 email, post to the addresses and/or numbers set out in Appendix 1.
6.3 Acceptance -You are requested to confirm acceptance of our Terms of Business by signing and returning by post or electronic format, however, please note that if we negotiate and you accept any engagements from us, then these are the Terms of Business which will apply to our trading together irrespective of your signature.
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.