Terms of Business & Commission Policy
Edge Entertainment Consultants Ltd
Terms of Business
1) Edge Entertainment Consultants Ltd may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Edge Entertainment Consultants Ltd 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.
2) When acting as an Employment Agency:
- a) Edge Entertainment Consultants Ltd acts as negotiator only and is not a party to the resulting contract. For this reason Edge Entertainment Consultants Ltd cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, Edge Entertainment Consultants Ltd will replace the act or engagement with one of similar price and quality.
- b) Edge Entertainment Consultants Ltd seeks to negotiate agreements for The Artiste in those branches of the entertainment field for which The Artiste is suited by reason of his talent and ability.
- c) For the provision of this service Edge Entertainment Consultants Ltd charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, in accordance with our Commission Policy Statement. Edge Entertainment Consultants Ltd will also collect any applicable tax (for example VAT) which is due under English Law. The charge may be made to either the Artiste or Promoter subject to the negotiated acceptance of the party in question.
- d) The Fee (commission) is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission in any circumstances.
- e) 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.
- f) Where charged to the Promoter the fee (commission) is normally payable in advance and is always non-refundable.
- g) Cancellation of any contract negotiated through Edge Entertainment Consultants Ltd is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, Edge Entertainment Consultants Ltd reserves the right to levy a charge of up to 20% of the agreed fee 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.
- h) Edge Entertainment Consultants Ltd normally acts as negotiator only and as such may not enter into agreements on behalf of third parties. If at any time Edge Entertainment Consultants Ltd is authorised to enter into agreements on behalf of the Artiste or the Client for any individual booking, such authority will be made known to both parties during the negotiation.
- i) Edge Entertainment Consultants Ltd may receive fees due to the Artiste (for example in the event of a no pickup booking or in the course of arriving at a dispute resolution) but must account to the Artiste for any such payments that it receives.
- i) Agreements are made separately for each booking, and there is no requirement for any Artiste to accept any booking offered. The Artiste can therefore end the relationship by simply not accepting any further bookings and the Agent can end the relationship by not offering any such bookings.
- l) The Artiste will be required to honour any and all contracts negotiated and accepted prior to the expiry of such written notice. The Artiste must undertake to ensure that any ongoing commission or other financial remuneration due is paid to Edge Entertainment Consultants Ltd promptly and in accordance with these Terms of Business.
3) When acting as an Employment Business:
- a) Edge Entertainment Consultants Ltd is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement including the obligation to pay the contracted fee to the Artiste when it is due regardless of whether or not Edge Entertainment Consultants Ltd has been paid by its customer.
- b) The fee payable to the Artiste will be that fee agreed by him or her and duly indicated in the contract.
- c) No charge other than the contracted fee is made.
- d) The Artiste will be employed under a contract for services.
- e) Any contract entered into between Edge Entertainment Consultants Ltd and the Artiste will be for an agreed period (normally one performance) and will not provide for cancellation by either party.
- f) Since the Artiste will be either self-employed or an incorporated body there is no entitlement to Holiday Pay or any payment in lieu thereof.
4) Commission and monies owed to Edge Entertainment Consultants Ltd shall be remitted within 7 (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.
5) 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 may be sent after the event for your records.
6) 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.
7) 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 English Law.
8) No servant or agent of this agency has the power to vary these terms and conditions.
9) 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.
Printed by Ace Professional Plus © Vertical Software 2005
Commission Policy (for acts, artistes and suppliers)
The Edge Entertainment Consultants normally charges a fee (usually referred to as a 'commission'), agreed in advance with the Artiste or Promoter, which is ALWAYS quoted NETT OF PROMPT PAYMENT DISCOUNT.
When charged to an Artiste, discount may be claimed only if payment is made within SEVEN DAYS of the date of the engagement or the date of the artiste's receipt of payment, whichever is the later. When charged to a Promoter, discount may be claimed only if payment is made within SEVEN DAYS of the date of the invoice. Discount may be claimed only when an account is in order (i.e. no outstanding amounts are due).
All such fees will be invoiced as if they were paid later than seven days, with the amount of discount that may be claimed clearly indicated on each Invoice. Any Statements will show only the gross commission.
For example, a booking for £100.00 at the standard rate would be invoiced at £ 20. A discount of £0 would be available for payment within seven days, so if you paid within that time you would only pay £20.
Similarly, a £300.00 split commission booking might be invoiced at £ 90. A discount of £0 would be available for payment within seven days, so if you paid within that time you would only pay £90.
Any appropriate taxes (for example Value Added Tax) will be charged at the applicable rate. The Edge Entertainment Consultants is registered for VAT purposes (registration number 700 0333 14) at the time of writing, so regulations currently require that VAT be charged at 20% on the discounted amount of our fee.
Therefore in the first instance above the invoiced amount would be £20 plus VAT on the discounted amount of £20 (£4) making an invoice total of £24 including VAT. If paid within 7 days the amount payable would be £24 including VAT.
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. This is beyond our control and could in some circumstances change 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.
The date of payment shall be:
- i) In the case of payment by post, the date of the postmark on the envelope.
- ii) In the case of payment in person, the date on which that amount is physically paid.
No responsibility can be accepted for cash posted through our letterbox. If it is stolen or for any other reason we do not receive it, you will have to pay again. We therefore recommend that you pay either by cheque BACS, or by physically handing your cash to a member of staff or a person whose name you can take to ensure that such payments can be traced.
All accounts with overdue balances that exceed 30 (Thirty) days will be subject to Statutory Compensation as well as Statutory Interest at the rate approved by the Government from time to time.
Monies owing to Artistes from The Edge Entertainment Consultants will be paid within the contractually agreed terms or within 30 days if no such terms exist.
Printed by Ace Professional Plus © Vertical Software 2004