ARTIST TERMS AND CONDITIONS
DEE BOSS TALENT MANAGEMENT
SCOPE
The Artist appoints the Agent to be the Artist’s sole agent and representative in respect of all work within the scope of this agreement namely: All branches of entertainment.
DURATION ON THE AGREEMENT
The appointment of the Agent by the Artist shall come into effect immediately and shall continue until either party terminates the contract by giving immediate written notice. The Artist will be expected to honor any work they have been submitted/confirmed for.
The Agent will represent the Client in TV, Film, Theatre, Commercials, Concert and Photographic work and Music on an on-going basis beginning on the date above.
AGENTS OBLIGATIONS
To obtain the Artist’s consent before entering into any binding commitment on behalf of the Artist.
To use best endeavours to promote and advance the career and interests of the Artist and to obtain appropriate engagements and employment for the Artist and other contracts for the exploitation of the Artist’s work as may be appropriate and within the scope of this Agreement and to keep the Artist fully informed of those efforts and the results of them.
To advise and guide the Artist in all matters to the Artists career in entertainment, both by periodic unsolicited advise (eg by newsletter or email) and by advise specific to the Artist when the Artist so requests.
To negotiate fees for the Artist at the best rates reasonably obtainable for all engagements and employment of the Artist and for all other contracts for the exploitation of the Artist’s work within the Scope of this Agreement (Whether or not the Agent shall have been instrumental in obtaining the engagement, employment or contract)
Subject to the Artist’s express consent to enter into contracts on behalf of the Artist and to grant licenses and consents for the use of the Artist’s performances PROVIDED that all the contracts of the kind listed in Schedule 2 below shall be signed personally by the Artist.
To use best endeavors to ensure that all monies are collected which are due to the Artist in respect of work or contracts to which the agreement applies, whether or not the Agent negotiated the terms on which the work was done or the provisions of the contract.
All monies collected by the Agent on the artist’s behalf shall be paid forthwith into a Client Account, which the Agent will maintain with the Agent’s bank and which will be called the Client Account under the title of Dee Boss Talent Management.
Monies collected by the Agent on the Artists behalf will be paid to the Artist within 5 working days.
To permit the Artist to examine all books and paperwork for the purpose of verifying any statement of account/payment between the Agent and the Artist.
Not to disclose any information concerning the personal or business affairs of the Artist except for the purpose of promoting the Artist’s career and obtaining favourable contract terms, or to the professional advisers of the Artist, or to such other persons who may be lawfully entitled to receive such information.
ARTISTS OBLIGATIONS
Not to engage any other agent in connection with work to which this agreement applies. Or the exploitation of such work without agreement in express written consent of the Agent, or until the termination termination of this Agreement in accordance with Clause 4.
To refer to the Agent enquiries and approaches concerning such work or its exploitation. To use the best endeavors; a) to keep the Agent informed at all times as to the Artist’s current address and telephone number and email address; b) to maintain a telephone answering service machine or service and to ensure that it is operating when the Artist is not available to answer the telephone; and c) to check machines and emails at least once on every working day, except during periods when the Artist shall have notified the Agent that the Artist will not be accessible by telephone or email.
To carry out to the best of the Artist’s ability all contracts and engagements, and the duties of all employment to which this Agreement applies.
To use the Artist’s best efforts to act in accordance with the Agent’s advice given after consultation between the Agent and Artist with regard to promoting the Artist’s career.
WARRANTIES - BOTH PARTIES RESPECTIVELY WARRANT TO THE OTHER
That they are free to enter into this agreement and that it does not infringe any other agreement by which other of them is bound.
That if either party has an interest in any enterprise with which the other is contracting, or proposing to contract, to disclose the fact to the other and to waive or vary the terms for payment of commission as may be just and fair in the circumstances.
COMMISSION
The Agent shall be entitled to commission: At the rate of 20% on all the earnings of the Artist from work to which this Agreement applies, although theatre work may be negotiable.
PROVIDED that:
Commission shall not be payable unless and until payment is actually received by the Artist or the Agent.
Commission shall not be payable in respect of sums paid as reimbursements of the expenses incurred by the Artist in connection with the work.
"Earnings" include, in addition to fees and salaries for work done, residual fees, royalties, license fees in respect of work to which this Agreement applies even if the sums in question are paid (with the Artist’s agreement or by the Artist’s direction) to some other person or body, but not reimbursement of expenses incurred by the Artist. Commission is payable in respect of earnings from work for which the Artist entered into a contract during the appointment of the Agent, even if the work was actually done following its termination: but in respect of residual fees, royalties and license fees payable in respect of use of the Artist’s work commission shall only be payable on sums accruing and due to the Artist for a period of 1 Year following termination of the appointment.
If with the consent of the Agent any other agent is involved in procuring work for the Artist, any commission payable to the other agent shall (unless the Artist shall have given his express consent) be paid out of the commission payable to the Agent under this Agreement. This agreement will not cover any work that the Artist finds themselves. Unless they specifically request. In which case the Agent shall be entitled to commission: At an agreed rate between the Agent and the Artist.
CONSENTS
The Artist hereby authorizes the Agent to give on the Artist’s behalf any consent required under Copyright Designs and Patents Act 1988 or any statutory amendment or re-enactment thereof.
The Artist gives permission for their photo and details of any work obtained to be used freely in reference to all sites that include Dee Boss Talent Management; with the understanding that the Artist will be clearly stated as Client of said sites to ensure no misleading information is published about the Artist and their relationship to Dee Boss Talent Management. Information is usable for the length of contract and after termination of any contract with the Agent.
The Artist will seek guidance and express consent from the Agent when posting any information regarding work obtained on any social network site to protect any contract with an employer.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO STATEMENT OR REPRESENTATION BY EITHER PARTY WHICH IS NOT CONTAINED IN THIS AGREEMENT SHALL BE BINDING. NOTHING IN THIS AGREEEMENT DETRACTS FROM THE PROVISIONS OF EMPLOYMENT AGENCIES ACT 1973 OR ANY STATUTORY AMENDMENT OR RE-ENACTMENT THEREOF.
JURISDICTION
This Agreement is governed by the law, and is subject to the jurisdiction of the Courts of England and Wales. Schedule 2 (Clause 5.5). Types of Contract which shall be signed personally by the Artist;
(1)Contracts for live performances at more than one venue Or extending over more than 4 weeks;
(2)Contracts involving travel outside the UK;
(3)Contracts involving horse-riding, sword fighting, driving Or otherwise involving foreseeable risk of injury;
(4)Contracts involving appearance in the nude (over 18’s only);
(5)Merchandising Agreements;
(6)Publishing Contracts;
(7)Recording Contracts.