Elite Promotions Terms of Business. Updated 1st April 2017
Elite Promotions may act as an Employment Agency or as an Employment business, at its sole discretion. The way in which Elite Promotions is acting for each booking will be made clear to all concerned parties prior to the completion of negotiations and will be clearly shown in the documentation issued.
WHEN ACTING AS AN EMPLOYMENT AGENCY, Elite Promotions acts as negotiator only and is not a party to the contract. For this reason, we cannot accept responsibility for non-fulfillment or breach of any such contract however every reasonable safeguard is assured. Wherever possible in such cases, Elite will endeavour to replace the act or engagement or artiste with one of a similar price and quality.
WHEN ACTING AS AN EMPLOYMENT AGENCY, Elite Promotions operates as follows;
• Charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, in accordance with our Commission Policy Statement. We will also collect any applicable tax (for example VAT) which is due under Scottish Law. The charge may be made to either the Artiste or Promoter, subject to the negotiated acceptance of the party in question.
• Where charged to the Artiste, the fee (commission) 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.
• Where charged to the Promoter, the fee (commission) is normally payable in advance and is always non-refundable.
• Cancellation of contracts negotiated through Elite Promotions is not normally possible without the agreement of all parties involved. However the statutory cooling off period is permitted if a cancellation is received in writing within 14 days of the date the contract is issued and confirmed The cancellation term will run from the date the contract is confirmed, not the appearance date. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, we reserve the right to levy a charge of up to 15% against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract. Non-payment of any applicable deposit, non-signature or non-return of the contracts DOES NOT constitute a cancellation.
• In the event of a cancellation being agreed by all parties the following would be payable by the client: Within 4 weeks of engagement date – 100% of the agreed fee Within 8 weeks of engagement date – 75% of the agreed fee Over 8 weeks of engagement date – 50% of the agreed fee The above fees are payable within 7 days of the cancellation being notified to Elite Promotions in writing. Failure to comply within the 7 days cancels any discount and the fee may then revert to the full 100% of the agreed fee.
• Any bookings contracted by Elite Promotions which are re-booked by the client or venue within a eighteen month period, must be either booked through Elite Promotions or a commission or booking fee no less than the original fee would be payable to Elite.
• When acting as an agency all contracts are legally between the ENTERTAINERS and the CLIENT or VENUE. If a dispute arises prior to or following a particular booking Elite Promotions will assist whenever possible to resolve the dispute but are not legally responsible in any way.
Booking of celebrities. When sporting, television or other forms of celebrity are booked there is a standard clause that should be added to any contract wording; A celebrity who has ongoing contracts with a sports club, television or radio reserves the right to cancel if any ongoing contract agreements with clients such as BBC, Sky, ITV, Film, Theatres, Charities etc require them for the above date. However this clause is rarely invoked and in the unlikely event of this happening they will make every attempt to provide a suitable replacement or refund all monies in full.
WHEN ACTING AS AN EMPLOYMENT BUSINESS Elite Promotions is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement. No charge other than the contracted fee is made.
Commission and monies owed to this Agency shall be remitted within SEVEN days of the engagement or as otherwise stated in the written confirmation. This Agency reserves the right to deduct monies owed to the Agency by any individual Artiste from any monies due to that Artiste, and forward any balance.
In order to ensure that there are no non-appearances or let-downs, all verbal agreements are confirmed by a written contract. In the event of very short notice bookings, the written contract/confirmation may be sent after the event, for record purposes.
The display and/or presentation of any Artiste's address, website, email address or telephone number at an engagement negotiated through this Agency shall be regarded as a breach of contract, and may render the Artiste liable to pay severe damages in respect of that breach.
Any contract negotiated through this Agency shall be subject to these terms 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 Policy” 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 Scottish Law.
No servant or agent of this Agency has the power to vary these terms and conditions.
Whenever the context so admits, words importing the masculine shall include the feminine and the singular number shall include the plural, and vice versa as appropriate.
Fees & Commission Policy
Elite Promotions normally charge a fee (usually referred to as a 'commission'), at the rate of 10% to 15%, agreed in advance with the Artiste or Promoter. Any appropriate taxes (for example Value Added Tax) will be charged at the applicable rate. At the time of writing, Elite Promotions is registered for VAT purposes, and regulations currently require that VAT be charged at the rate of 20% on due commissions.
Fees payable via the office of Elite Promotions will be paid by BACS transfer less any relevant deductions for commission or VAT etc. All payments will be made within ten days of receipt of cleared funds from the Hirer/Management,
Invoices will be automatically modified (and if necessary re-issued), as required by Law, to allow for any changes made by Government to taxation regulations. Any such changes are beyond our control and could, in some circumstances, alter the amount that will have to be paid, even after a contract has been negotiated and our fee agreed. For example, if the standard rate of VAT changes. At the time of writing we are not aware of any proposal by Government to change the current taxation regime.
Entertainers Booking Policy
Any entertainer will be deemed to be in breach of contract for any of the following ;
• If any act or DJ fails to appear without giving reasonable notice and a copy of a medical certificate to justify their non-appearance.
• If an act or DJ cancels any booking with Elite Promotions to perform elsewhere or knowingly tries to divert any future bookings away from Elite Promotions to themselves, any other agency, individual, or organization.
• If an act discloses any contact details or presents their own business cards to a venue or client at any venue or engagement booked by Elite Promotions.
If Elite Promotions pay any entertainer for a booking before they have received payment and the client subsequently either does not pay or pays a reduced fee for any reason, Elite reserves the right to deduct any unpaid fee from the next payment due to the entertainer.
Any entertainer/s who are booked for more than one booking at the same venue and the management of said venue decides they do not wish the act to return for any reason relating to their performance, attitude or dress code then the future booking/s can be cancelled with no cancellation fee payable. If Elite Promotions receive complaints relating to the timekeeping, reliability, professionalism or attitude of any entertainer/s Elite reserve the right to cancel future bookings. In each instance Elite Promotions reserve the right to cancel all, or any individual future bookings, with no cancellation fee payable.
Tel 01224-636363 firstname.lastname@example.org www.elite.scot Out of office hours - 07711-120170
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