NON-EXCLUSIVE BOOKING AGENT - ARTIST TERMS OF BUSINESS
THIS TERMS OF BUSINSESS is for the services of music and/or entertainment described below between:
You the artist (including accompanying musicians and/or entertainers as described below), whose address is [see information form] hereinafter jointly and severally referred to as “ARTIST” and
[Headstock Entertainment] whose address is [11 Coed Gethin, Energlyn Parc, Caerphilly, Wales CF83 2AE ] hereinafter referred to as “BOOKING AGENT”
Hirer: means the person, organisation, company, firm or corporate body (not connected with the Booking Agent) together with any subsidiary or associated company as defined by the Companies Act 1985 to which the Artist is introduced.
The Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Engagements: means services, appearances and endeavours of the Artist required by a Hirer on a permanent to temporary basis, whether under a contract of services or for services performed as an agency, licensee, franchise or partnership agreement; or any other engagement or series of Engagements that Booking Agent will provide for the Artist.
Introductions: means the Hirer’s interview of the Artist procured by the Booking Agent or the passing to the Hirer by the Booking Agent of any curriculum vitae, biography, links or any other information which identifies the Artist and which leads to an Engagement of the Artist by the Hirer.
Force Majeure: Events or circumstances outside a party's reasonable control, including but not limited to, acts of God; outbreak of hostilities, riot, civil disturbance, acts of terrorism; the act of any government or quasi-governmental authority (including the refusal or revocation of any licence, consent or permit); fire, explosion, flood, power failure, failure of telecommunication lines, failure or breakdown of plant, equipment or machinery; theft, malicious damage, strike, lockout or industrial action of any kind.
This agreement is fully compliant with The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations). Artist agrees that, to the extent that the terms of this agreement or any of such further terms may conflict with the requirements, which the Regulations put on Booking Agent, the latter shall prevail.
The term of this agreement shall commence on the date hereof and shall last for one (1) year continuing automatically thereafter until either party serves a thirty (30) days written notice with the intent to terminate this agreement.
8.1 Gain Sharing Arrangements [only where explicitly agreed prior to booking between Booking Agent and Artist]
If Booking Agent and Artist have engaged in an event on the basis of risk and gain share. In this circumstance of gain sharing the Booking Agent will be responsible for meeting the following costs upfront:
All costs will be deducted from the gross take the engagement and the split of revenue applied after this.
*Reasonable Marketing Costs above £150- The Booking Agent will cover Marketing costs up to the value of £150 for each such engagement and will largely consist of bespoke event posters and leaflets. Costs above this figure e.g. specific posters images radio marketing or any specific requirements the event may have that aren’t covered by this initial expenditure will be placed into the cost upfront cost group above and taken from the overall revenue prior to disbursement between parties. Please also note any such expenditure will be by mutual agreement.
Example: [ note these figures are not specific but are set as an example to illustrate the above]
Gross revenue from the engagement = £ 3000
Less cost incurred by Booking Agent:
Venue Hire = £400
Pa = £200
Additional Marketing Material
[Radio advert] = £100
Merchandise = £20
Lighting Engineer = £80
Net revenue for distribution = £2200
Artist Share at 70% = £ 1540
Booking Agent Share at 30% = £660
Please note the following before signing this agreement.
Artist warrants, undertakes and agrees with the Booking Agent that:
Neither party shall be liable for any failure or delay in the performance of the duties and Engagements herein caused by Force Majeure provided that, as soon as the affected party is aware of any such delay or failure, it gives written notice to the other party explaining the nature of the Force Majeure, how long it is anticipated to last and when normal service will be resumed.
Without prejudice to any other rights or remedies each party may have, either party may terminate this Agreement immediately by notice in writing if the other party breaches any provision of the Agreement which cannot be remedied within thirty (30) days of the affected party serving notice of the breach and the remedy required or if either party goes into liquidation, or, in the case of an individual or a firm, becomes bankrupt, makes a voluntary arrangement with his creditors or has a receiver or administrator appointed.
If the foregoing correctly reflects your understanding of the agreement then please proceed click to ‘submit your act ‘