Standard Terms and Conditions of Business
For Artists
APPENDIX 1
DEFINITIONS
Activities
Activities within the music and media industries including performances, appearances and any ancillary activities
Artist
Where the contracting party is a company, insert details of Artist
Commission
[Insert details of Commission rate(s)] % of Gross Earnings, plus VAT where applicable
Connected Businesses
Insert details of any connected promoters/venues
Engagements
Any arrangement(s), engagement or series of engagements sourced and/or negotiated by us for you and which you have agreed to undertake. The noun “engagement” shall include any arrangement or engagement within the Activities
Gross Earnings
Income less any value added or other equivalent sales tax
Income
All amounts received by you, or due to you but withheld or deducted by the Promoter (as required by law) or paid to us (or any third party) on your behalf by (or on behalf of) the Promoter in relation to any Engagement(s) including but not limited to any advance or deposits
Promoter
Any third party who provides you or offers to provide you with any engagements including, but not limited to, promoters and venue owners
Recharge Expenses
Those out of pocket expenses incurred by us in undertaking any services you request in accordance with Clause 1.4 of the Terms of Business, plus VAT where applicable
Regulations
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
Terms of Business
The standard Terms of Business out in Appendix 2
we/us
Threesixty Entertainment Limited, 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ
lee@threesixty-entertainment.com
You
Insert details of Artist, including (if relevant) company name and registered office (include email)
Additional Terms
Insert any additional terms required
APPENDIX 2
Standard Terms of Business
1. Services
1.1. We are appointed as your agent in relation to the Activities. As such we will use reasonable efforts to secure you appropriate engagements within the Activities, negotiate your performance at any engagements and bring to your attention those enquiries we receive:
(a) for which you are available (and not otherwise engaged); and
(b) that we consider are made in good faith; and
(c) that we consider would be of interest to you.
1.2. For the purpose of the Regulations, we act on your behalf as an employment agency not an employment business.
1.3. We will not enter into or sign any agreement with any Promoter on your behalf. Whilst we will negotiate with the Promoter on your behalf and confirm your agreement, any finalised agreement will be directly between you and the Promoter and you will need to sign this.
1.4. In addition to those services set out in paragraph 1.1, we may undertake such additional services for you as you may request in writing from time to time (for example assisting you to obtain work permits). You will be responsible for our out of pocket expenses in providing those services (Recharge Expenses). You will pay us the Recharge Expenses as set out below.
2. Commission and Payment
2.1. In consideration of us acting as your agent in accordance with paragraph 1.1, you will pay us the Commission.
2.2. Commission, Recharge Expenses (and VAT) shall be paid within 30 days of receipt of an invoice from us. If you do not pay us the Commission and/or Recharge Expenses within 30 days of receipt of an invoice, we shall have the right to charge you interest on any overdue amounts at 4% above the Bank of England base rate (from the date due to the date paid).
2.3. You authorise us to receive any and all Income on your behalf. We will account to you (or to any third party you request in writing) for any such Income, less our Commission and any Recharge Expenses, on such dates and by such methods as we agree from time to time in relation to each Engagement. If we hold money on your behalf we will hold this in a client account on trust for you.
3. Information and data protection
3.1. Under the Regulations, we are required to obtain certain information from you. You will, therefore, on request provide us with:
(a) such information as we require to confirm your identity (including providing copies of your passport(s));
(b) any information we (reasonably) require to confirm your experience and/or membership of any unions or professional bodies; and
(c) details of your availability and the nature of any engagements you wish to undertake.
3.2. We shall use the information that you provide:
(a) in order to carry out obligations that we have under the Regulations; and
(b) in accordance with applicable data protection law and any privacy policy that we may make available to you from time to time (if applicable).
3.3. We are obliged by the Regulations to provide some or all of the information you provide to us under paragraph 3.1 to any potential Promoter (or other third party to the extent required to fulfil any Engagement) but shall otherwise keep such information confidential (except where we are required to disclose that information by law). The potential Promoter (or other relevant third party) are independent controllers of your information and we are not responsible for their use of your information. You should consult the privacy policy of the relevant Promoter (or other relevant third party) for details of how they will use your information.
3.4. You must be aware that if we receive any information about you that indicates that you may be unsuitable for any Engagement (or in the case of the Engagement being a tour, within 3 months of the commencement of that tour) we are under a legal obligation to notify the Promoter as soon as we become aware of that information and/or to investigate such information. You will provide us with such information and documents as we require to enable us to properly investigate such information.
3.5. Where “you” are a company, such information will be provided in relation to you and the Artist. If “you” or the Artist are a group, you will provide such information in relation to each member of the group. In each case, you will:
(a) ensure that the Artist or each member of the group (as applicable) is aware that you have provided their information to us and that we will provide such information to the potential Promoter (or other relevant third party);
(b) explain to the Artist (or each member of the group) the purposes for which you provide us with such information; and
(c) supply the Artist (or each member of the group) with a copy of any relevant privacy policy that we may make available to you from time to time (if applicable).
3.6. We will provide you with details of any legal requirements (including the requirement to obtain a work permit) you must fulfil to be able to undertake any Engagement. We will also let you know if, at any time, we consider that undertaking the Engagement will be detrimental to your interests.
3.7. We will provide you, in writing, with:
(a) brief information about each potential Promoter; and
(b) details of the engagement (including dates, times, nature of engagement, financial arrangements and termination requirements),
within three business days of proposing you for an engagement (or in the case of a tour all engagements within that tour) where you have not previously been provided with such information.
3.8. Where we provide final confirmation on your behalf that the Engagements have been agreed, we will provide you with the terms of such agreement within five business days of providing such confirmation.
4. Travel
4.1. You are aware that, by the nature of the Activities, you may be required to travel and live away from home for a period of time in relation to any Engagement you undertake. In such case you and/or the Promoter agree to provide us with such information about your travel arrangements and accommodation (if any) as we reasonably require to satisfy ourselves that suitable provisions have been made.
5. connected persons
5.1. You acknowledge that, for the purposes of the Regulations, we are “connected” (in the course of business) with the Connected Businesses.
6. TERMINATION
6.1. You can terminate our appointment by giving us no less than 30 days notice in writing of your intention to do so. We can terminate our appointment by giving you no less than 30 days notice of our intention to stop acting for you. In the event our appointment is terminated for whatever reason, you will still be required to pay us the Commission on the Engagements (or any engagements that we have negotiated on your behalf or introduced to you) and the Recharge Expenses as set out above.
6.2. In the event that we have between us, already in existence, and/or later agree, any sort of exclusive, and/or sole representation and/or management agreement which contains different terms of obligation and/or of notice or termination from those detailed in the preceding paragraph then the preceding paragraph shall not and/or shall no longer apply and, specifically, the 30 day notice detailed shall not apply.
7. COMPANY
7.1. If you are a company and you will contract with the Promoter for the supply of the Artist’s services, both you and the Artist may notify us in writing that you wish to opt out of the Regulations. In such case, these Terms of Business will not apply (after completion of any Engagements for which you have already contracted).
8. GENERAL
8.1. Any Additional Terms referred to in Appendix 1 shall form part of the Terms of Business.
8.2. Both we and you will be entitled to send any notices or other information required to be sent to you by email to the email addresses set out in Appendix 1. We will, on your written request, copy any notices or other information we are required to give to you to any third party you nominate from time to time.
8.3. Nothing in these Terms of Business shall be enforceable by a third party solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a signatory to this Agreement other than the Artist.
8.4. If “you” comprise more than one person then any reference to you in this agreement will be to each of you jointly and severally.
8.5. These Terms of Business shall be governed by English law.
For Hirer/Promoter/Venue
APPENDIX 1
DEFINITIONS
Artist
Any artist with whom you contract or wish to contract in relation to (a series of) Engagements.
Engagements
Any arrangement(s), engagement or series of engagements that you will provide for the Artist
Guidelines
Guidelines on the Conduct of Employment Agencies and Employment Business Regulations 2003 the latest version of which was produced by the Employment Agency Standards Inspectorate in 2020 and is available at Employment Agency Standards Inspectorate: a brief guide for agencies (publishing.service.gov.uk)
Regulations
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 a copy of which is available to be read online at The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (legislation.gov.uk)
Terms of Business
The standard Terms of Business out in Appendix 2
we/us
Threesixty Entertainment Limited, 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ
lee@threesixty-entertainment.com
you
Insert details of the promoter including company number, registered office and email address
Additional Terms
Insert additional terms
APPENDIX 2
Standard Terms of Business
1. Services
1.1. We have been appointed as the agent for the Artist.
1.2. We act on the Artist’s behalf as an employment agency not as an employment business.
1.3. We will negotiate and agree with you the terms on which the Artist will perform any Engagement(s) and draw up the agreement between you and the Artist. We are not authorised to sign any agreement with you on the Artist’s behalf.
2. Deposits
2.1. Unless otherwise agreed:
(a) any deposit payable to the Artist for any Engagement(s) will be held by us in our client account; and
(b) deposits will only be payable to the Artist on the day following completion of the Engagement to which the deposit related.
3. Information and data protection
3.1. You will provide us with:
(a) such information as we require to confirm your identity and the identity of your business (which may include in the case of a sole trader or partnership providing copies of your passport(s) or in the case of a company provide a copy of the certificate of incorporation or equivalent document);
(b) the nature or name of the Artist that you wish to engage;
(c) details and dates of any Engagements for which you wish to engage an Artist together with the location of the Engagement and the duration of the Engagement;
(d) details of any risks to the health and/or safety of the Artist undertaking the Engagement known to you and the steps you have taken to prevent or control such risks (including a copy of the risk assessment of the venue/site, equipment and working conditions);
(e) any qualifications and requirements (if any) with which the Artist must comply (including the membership of any union or professional body);
(f) details of the Fees (and any expenses) you are prepared to pay the Artist and the payment schedule;
(g) details of any right for both you and the Artist to cancel or withdraw from any Engagement; and
(h) any other information that you consider would be relevant to the Artist agreeing to undertake any Engagement.
3.2. We are obliged to provide the information you provide to us under paragraph 3.1 to any potential Artist.
3.3. Based on the information that you provide to us under paragraph 3.1, we will provide you with such information we are required to provide to you under the Regulations or such other information you and we agree are required for the Engagement.
3.4. You shall use the information referred to in paragraph 3.3 solely in order to carry out obligations that you have under the Regulations.
3.5. You and we each agree that, for the purposes of the UK General Data Protection Regulation, as defined in the Data Protection Act 2018 (“UK GDPR”), you and we are each independent controllers of the information that we provide under paragraph 3.3 (and you are an independent controller of any other personal data that you process in connection with a potential Engagement. You and we shall each be independently responsible for complying with the obligations of controllers set out in the UK GDPR and any other applicable data protection legislation (“Data Protection Legislation”).
3.6. You and we shall each (at no charge to the other):
(a) promptly provide the other party any information and assistance the other party reasonably requires to ensure that you and we comply with the Data Protection Legislation (including with respect to any data subject request or complaint and/or any investigation or enquiry made by a supervisory authority);
(b) execute such additional terms as are reasonably required to ensure compliance with the Data Protection Legislation; and
(c) not do, or omit to do, any act or thing that puts the other in breach of the Data Protection Legislation.
3.7. Where you are located in, or will process the information in, a country that does not provide a level of protection to personal data that is equivalent to the protection afforded by the UK GDPR, you and we will each enter into the UK Addendum to the European Commission Standard Contractual Clauses issued by the ICO under or pursuant to section 119A(1) of the UK’s Data Protection Act 2018 (as may be amended by the ICO from time to time pursuant to its terms) (“UK Addendum”) to ensure that the information is protected to the standard required by the UK GDPR.
3.8. Where, in accordance with the provisions Article 82(3) of the UK GDPR, you and we are responsible for the act, or omission to act, resulting in the payment of losses by a party or both parties, then a party shall only be liable for that part of such losses which is in proportion to its respective responsibility.
4. Travel
4.1. You are aware that, by the nature of the Engagement, the Artist may be required to travel and live away from home for a period of time. If you agree to provide the Artist with travel and/or accommodation, you will provide us with such information (or other comfort) in relation to those arrangements as we reasonably require.
5. GENERAL
5.1. Any Additional Terms referred to in Appendix 1 shall form part of these Terms of Business.
5.2. Both we and you will be entitled to send any notices or other information we are required to give to the other by email or post to the addresses and/or numbers set out in Appendix 1.
5.3. Nothing in these Terms of Business shall be enforceable by a third party solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms of Business other than the Artist.
5.4. These Terms of Business shall be governed by English law.