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, but every reasonable safeguard is assured. Wherever possible in such cases, we will replace the act or engagement or artiste with one of similar price and quality.
WHEN ACTING AS AN EMPLOYMENT AGENCY, Elite Promotions operates as follows;
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 the signing of 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 and/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 charges a fee (usually referred to as a 'commission'), at the rate of 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 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 or by cheque, less any relevant deductions for commission or VAT etc., as detailed above, and paid or mailed 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.
Booked Entertainers Policy
Any entertainer will be deemed to be in breach of contract for any of the following ;
• If an act fails to appear without giving reasonable notice and a copy of a medical certificate to justify their non appearance if this is requested.
• If they cancel any booking with Elite Promotions to perform elsewhere or knowingly try to divert any future bookings away from Elite Promotions to either themselves, any other agency, individual, or organization.
• If they hand out their own business cards to any venue or client at an any booking made 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, then the future booking/s can be cancelled. If Elite Promotions receive complaints relating to the timekeeping, reliability, professionalism or attitude of any entertainer/s Elite reserve the right to cancel all future bookings. In each circumstance Elite Promotions reserve the right to cancel all, or any individual future bookings they may have with the entertainer/s, with no cancellation fee payable to the entertainer/s.
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