TALENT TERMS AND CONDITIONS
DEE BOSS TALENT MANAGEMENT
SCOPE
The talent appoints the Agent to be the talent’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 talent shall come into effect immediately and shall continue until either party terminates the contract by giving immediate written notice. The talent 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.
AGENT OBLIGATIONS
To obtain the talent’s consent before entering into any binding commitment on behalf of the talent.
To use best endeavours to promote and advance the career and interests of the talent and to obtain appropriate engagements and employment for the talent and other contracts for the exploitation of the talent’s work as may be appropriate and within the scope of this Agreement and to keep the talent fully informed of those efforts and the results of them.
To advise and guide the talent in all matters to the talent's career in entertainment, both by periodic unsolicited advise (eg by newsletter or email) and by advise specific to the talent when the talent so requests.
To negotiate fees for the talent at the best rates reasonably obtainable for all engagements and employment of the talent and for all other contracts for the exploitation of the talent’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 talent’s express consent to enter into contracts on behalf of the talent and to grant licenses and consents for the use of the talent’s performances PROVIDED that all the contracts of the kind listed in Schedule 2 below shall be signed personally by the talent.
To use best endeavors to ensure that all monies are collected which are due to the talent 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 talent’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 talent's behalf will be paid to the talent within 5 working days.
To permit the talent to examine all books and paperwork for the purpose of verifying any statement of account/payment between the Agent and the talent.
Not to disclose any information concerning the personal or business affairs of the talent except for the purpose of promoting the talent’s career and obtaining favourable contract terms, or to the professional advisers of the talent, or to such other persons who may be lawfully entitled to receive such information.
TALENT 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 talent’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 talent 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 talent shall have notified the Agent that the talent will not be accessible by telephone or email.
To carry out to the best of the talent’s ability all contracts and engagements, and the duties of all employment to which this Agreement applies.
To use the talent’s best efforts to act in accordance with the Agent’s advice given after consultation between the Agent and talent with regard to promoting the talent’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 talent 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 talent or the Agent.
Commission shall not be payable in respect of sums paid as reimbursements of the expenses incurred by the talent 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 talent’s agreement or by the talent’s direction) to some other person or body, but not reimbursement of expenses incurred by the talent. Commission is payable in respect of earnings from work for which the talent 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 talent’s work commission shall only be payable on sums accruing and due to the talent 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 talent, any commission payable to the other agent shall (unless the talent 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 talent 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 talent.
CONSENTS
The talent hereby authorizes the Agent to give on the talent’s behalf any consent required under Copyright Designs and Patents Act 1988 or any statutory amendment or re-enactment thereof.
The talent 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 talent will be clearly stated as Client of said sites to ensure no misleading information is published about the talent 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 talent 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 talent;
(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.