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Terms Of Business STANDARDS OF SERVICEGENERAL INFORMATION AND TERMSTERMS OF BUSINESSCOMMISSION POLICYTOURING ACTS POLICY January 2009 Explosive Productions
Registered office: 24 Princess Royal Way, Haverfordwest, Pembrokeshire. Wales. UK. SA61 1PZ
CONTENTS
What is Explosive Productions
A brief description of Explosive Productions, what it does, and how it operates. Standards Of Service
A description of the standards and quality of service you can expect when dealing with Explosive Productions. General Terms and Conditions
A plain English description of the terms and conditions under which Explosive Productions carries on business, along with a description of some of the important rights and obligations of Employers and Artistes. Terms Of Business
This contains text of the Terms Of Business, which apply to all engagements arranged by Explosive Productions. Commission Policy This is a statement of the Commission Policy, which applies to all artistes working through Explosive Productions. Touring Acts Policy This is a statement of the Touring Acts Policy, which applies to all touring artistes working through, or employed by Explosive Productions.
The Terms and Conditions contained in this document supplement any Terms and Conditions that may appear on any confirmation notes, contracts or other legal documents relating to any engagement negotiated in conjunction with Explosive Productions The Standards Of Service set out in this document constitute a statement of intent only, and do not form part of any contract which may be negotiated with, by or through Explosive Productions What is Explosive Productions
Explosive Productions is a UK sole Trading company. Explosive Productions operates as an Employment Agency and Employment Business specializing in the Entertainment Industry, working under the terms of the Employment Agencies Act 1973 and the Employment Agencies and Employment Businesses Regulations 2003 (as amended). Explosive Productions is legally entitled to provide services for the purpose of supplying employers with workers (referred to in this document as Artistes). In its capacity as an Employment Agency, Explosive Productions is neither an Artiste nor an Employer. It generally arranges engagements between the two parties thus forming contracts between the Artistes and the Employers. Explosive Productions may also choose to act as an Employment Business. If it should do so, it will enter into separate contracts with both parties. Explosive Productions has other business interests and trading styles in addition to its Employment operation.
Standards Of ServiceOur Commitment to You
We seek to act fairly and openly in all our dealings with you. We value your custom and want to ensure that the service we provide is what you need, when and where you need it. We seek at all times to observe the highest standards of. Confidentiality, Integrity, Accuracy, Reliability & Professionalism Service Targets
At Explosive Productions we set the very highest service standards. We expect to meet these standards in excess of 90% of all occasions. Over the last twelve months the standards were fully met in excess of 95% of all cases. The cases where the standards were not met were due entirely to circumstances beyond our control.
When dealing with Explosive Productionsyou can expect the following:
Response TimesExplosive Productions operates office hours 10.00 am – 5.30 pm, your call to 01437 769476 will be answered by a member of staff. For your convenience, Explosive Productions operates an emergency letdown service the same number by means of an answer machine service. If in an emergency, a mobile phone number is usually left on the answering machine for your convenience. Explosive Productions also operates an electronic service, email contact addresses info@explosiveproductions.co.uk . This information can be found on our web site namely www.explosiveproductions.co.uk to make contacting the Agency as easy as possible. If you telephone, your call will normally be answered within six rings, either by a member of staff or by automatic answering service.
If no‑one is available to answer your calls in person, a machine will take your details if you care to leave them. In such a case during office hours, you can expect someone to call back usually within sixty minutes of the return or availability of any member of staff to the office. (Please ensure that you speak slowly and clearly, and leave your Name and Telephone number when you use this service. If we don't have your number or cannot understand it, we cannot call back!) If your enquiry cannot be dealt with immediately, you should be given an estimate of how long it will take to deal with it. If that period is longer than 48 hours, or has to be extended for any reason, you should be given a progress report. If you make a written enquiry, a response should be dispatched from the office direct to you: a) In the case of a response to a request for available information: within 24 hours of receipt. b) In the case of a response to a request for information requiring research and / or responses from third parties: Within 24 hours of receipt by this agency of the information requested. In the case of any unavoidable delay in the dispatch of detailed information, you can expect to be contacted by Telephone, Fax, Email or Post, and advised as to when it is anticipated the information will be available.
Politeness and CourtesyYou can expect to be treated at all times with politeness and courtesy. As a customer or potential customer our desire is to offer you the best service in the most effective and suitable manner. Our staff will address you in the manner that you prefer (by your Title, Surname, Christian name, Nickname or any combination), and should ask you your preference if you have not made one immediately clear. Your name should be spelt correctly in all communications, and if there is any doubt in the mind of the staff as to the proper spelling or pronunciation of your name, they should ask you to confirm it. When you make a booking with a member of our Staff, you should be given full details of any agreement you are entering into.
Administration and DocumentationCopies of any Policy Documents and Terms of Business applicable to business transacted through Explosive Productions will be made available free of charge to all Clients and Artistes on Request. Explosive Productions will issue contracts or confirmation notices in respect of all bookings. You can expect these documents to be properly drawn in accordance with the agreements made. Material changes and cancellations mutually agreed between all parties will be confirmed in writing where time permits. For your benefit Explosive Productions will provide any information required of you by Government bodies relating to bookings agreed through Explosive Productions. Additionally Explosive Productions will prepare for your use, on request, reports and information on all bookings in the current year and later, without charge. Older Historical Reports will be made available, however it may he necessary to make a small charge to cover the administrative costs involved. This charge will be agreed with you before any such report is prepared.
ComplaintsIn the unlikely event that you have any complaint, you should address your complaint in the first instance to: The Managing Director
General Information and Terms
This section attempts to explain in plain English the way in which all reputable Agencies work, and the specific ways in which the Terms of Business of Explosive Productions and the Agreements between Artistes and Employers affect those concerned. Contracts
Contracts may take various forms ‑ verbal, a written confirmation note, a signed contract, etc., but in ALL cases are legally binding agreements. It is a popular misconception that a contract must include a signature. THIS IS NOT THE CASE. Explosive Productions believes that all Artistes and Employers are entitled to PROPER WRITTEN CONTRACTS OR CONFIRMATION NOTES for EVERY booking. Whichever form of documentation that Explosive Productions issues, it will clearly identify the Artiste, the Employer / Venue, the Date of Engagement, the Arrival and Performance Times, Fee and method of Payment together with any relevant information. If you think that any of the information is incorrect or unacceptable in some way, you must inform Explosive Productions IMMEDIATELY. It is also very important that Artistes observe all of the conditions laid down on the contract or confirmation. For example, late arrival at a venue constitutes a breach of contract and could considerably weaken the Artiste's position in any subsequent dispute with the Employer. Artistes are advised to telephone both the Employer and Explosive Productions in the event of a delay or breakdown on the way to the venue.
Booking Fee
Booking fees may be necessary for certain artistes and certain types of booking, and in some cases stage payments or pre‑payment may be the preferred option of the Employer. The Employer will be advised if a pre‑payment is required at the time of booking, and the booking will only be confirmed once you have agreed to the amount, payment method and due date of the booking fee and balance. Cancellations Once the Artiste and the Employer have entered into an agreement, there is no provision for any cancellation unless agreed by both the Artiste and the Employer, duly notified to Explosive Productions and confirmed in writing. People often think that if they do opt to cancel an engagement, which they have previously agreed to accept, they do not have to pay a fee to the Agent. Once again, this is a popular misconception. The Agent has already provided his service in the form of telephone calls, preparation of documentation, completion of booking forms, production of publicity material, postage, etc., possibly in conjunction with another agent with whom he has a subsidiary agreement. This service costs money, and if the event is cancelled Explosive Productions has to do the work all over again in order to confirm the cancellation. Explosive Productions therefore reserves the right to make a charge against the canceling party in these circumstances. Where a booking fee has been made, Explosive Productions will distribute the funds firstly to any cancellation charges agreed and then to any other payments due. Illness
In the event of Illness or Accident resulting in the Artistes being unable to fulfill the engagement, a medical certificate (typically form MED3 available from your Doctor) in the case of illness or third party confirmation (typically an AA or RAC report) in the case of accident or breakdown without injury, must be submitted within 4 (four) days. Explosive Productions reserves the right to make a charge equivalent to the commission payable in the event that no such certification has been received within four days, this charge being payable by the Artiste. Publicity Material
The distribution of artistes / agents publicity material and business cards which include any contact details other than those of Explosive Productions is specifically FORBIDDEN at any venue at which the Artiste has been booked by Explosive Productions Similarly the artiste must not reveal any telephone number other than an Explosive Productions number at any venue as described above. Explosive Productions will provide artistes with specially printed cards for this purpose on request. Extension of Bookings
Any extension of bookings agreed with and paid for by the Employer will be subject to a similar rate of commission or charge to that agreed for the original contract duration. Re-arrangements and subsequent re-bookings
If the Artiste accepts any re‑engagement with the Employer / Venue within twelve months of the completion of the original engagement such engagement shall be deemed to have been negotiated through Explosive Productions and be subject to a similar commission or charge. The Terms and Conditions applying to the original contract will apply to all such re‑engagements unless otherwise agreed in writing. If this clause is breached, Explosive Productions may seek to recover their loss from either the Employer or the Artiste. Similarly any additional engagement arising entirely from an engagement negotiated through Explosive Productions must be contracted by Explosive Productions and a similar commission or charge will be payable. Terms of BusinessExplosive Productions may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Explosive Productions 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 Explosive Productions 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: a) Explosive Productions charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, in accordance with our Commission Policy Statement. The charge may be made to either the Artiste or Promoter subject to the negotiated acceptance of the party in question. b) 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. c) Where charged to the Promoter the fee (commission) is normally payable in advance and is always non refundable. d) Cancellation of contracts negotiated through 1 Explosive Productions 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, we reserve the right to levy a charge of up to 15% against the canceling 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. When acting as an Employment Business Explosive Productions 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 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. In order to ensure that there are no non‑appearances or letdowns, 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. The display and 1 or presentation of any artiste's address and 1 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 English 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.
Commission Policy
Explosive Productions normally charges a fee (usually referred to as a 'commission'), 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 Explosive Productions Is not registered for VAT purposes 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: In the case of payment by post, the date of the postmark on the envelope. * In the case of payment in person, the date on which the amount is physically paid. 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. Please Note: 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 by Cheque, by direct transfer (for example Internet Banking), or else ensure that you physically hand your cash to a member of staff or a person whose name you can take to ensure that such payments can be traced. Monies owing to Artistes from Explosive Productions will be paid within the contractually agreed terms or within 30 days if no such terms exist.
Touring Acts Policy
Prior to the tour, the artiste must give us details of where and how we may contact them during the tour. This is essential in case we need to contact them regarding a change of venue etc. At the end of the tour, the artiste must contact this office to run through tour details. This enables us to sort out any outstanding balances more efficiently, thus minimising delays. We normally settle outstanding balances with the artiste direct, provided that the artiste contacts us with the relevant details, i.e., to whom cheque is to be made payable, address etc., and that Tour details balance with our records. Payment will be made by cheque immediately after the Tour. When booked through an artiste’s Agent or Representative, if the artiste does not contact us, the outstanding amount will be debited or credited to that Agent or Representative’s account. At the discretion of the hirer, pick-up payments may be cash or cheque. If payment is made by cheque, then the hirer is not obliged to cash it. Should an artiste fail to appear on any date on a ‘Nett’ run, the amount that Explosive Productions has lost as a result of that non-appearance will be deducted from the balance of fees due for the tour. The artiste is responsible for their own conduct, efficiency, punctuality and behaviour and that of all personnel under their control. The artiste must use their best endeavours to ensure that all personnel conduct themselves at the Venue and in its locality in a manner that does not cause offence, nuisance or disturbance to any customer or to the Venue management. The artiste agrees to immediately take such action as the Management may reasonably require dealing with any conduct by anyone under their control considered unacceptable by the Venue Management to include permanent removal of those persons from the Venue, if required. Nett Bookings On ‘Nett’ bookings, the artiste is contracted for that period to Explosive Productions We will invoice each Hirer for artiste’s fees not including vat. This is the current situation at time of print but may change at any time in the future. Vat will be applied to fees when applicable and whether the artiste is VAT registered or not, as we are Principals to the Contract, as stipulated in VAT leaflet No.710/01/91. The Hirer will then claim back the VAT paid, using our invoice as a support document. At Venues designated for pick ups, the artiste will collect the contracted fee plus VAT at 17.5% as shown on the invoice to the Hirer. Where a ‘Nett’ artiste is registered for VAT, that artiste must invoice us for the net fee plus VAT before the tour commences. Fees can be picked up as instructed above. When collecting funds from the client, all artistes must ensure that they collect the full amount due as notified to them by Explosive Productions. Commission paying artistes: If the artiste is VAT registered, it is their responsibility to issue VAT invoices to venues and to collect their fees plus VAT from the venues designated for pick-ups. Where payment is made by cheque, venues reserve the right to make the cheque payable to the business name on the VAT invoice. A breach of any of the conditions stated herein may result in the termination by Explosive Productions of this contract with immediate effect and without prejudice to any other rights or remedies Explosive Productions has against the artiste. These conditions form part of the contract and are binding. END
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