AGREEMENT BETWEEN AN AGENT AND AN ARTIST

1. DEFINITIONS
The words below are agreed to mean as follows:
1.1 “The term of the agreement” shall commence on the date of your registration and shall continue until the same is terminated.

1.2 “The Territory” shall be the United Kingdom of Great Britain.

1.3 “Agency Client” means any person, body of persons or company using the services of the agency to book Artists.

1.4 “Artist” for the purposes of this agreement shall not be imputed to mean an Artist with an equity card unless otherwise notified in writing; the services provided will be that of an extra.

2. OBLIGATIONS OF DEL
2.1. To use its best endeavour to secure work of a nature for which the Artist is qualified in terms of ability and experience but makes no guarantee of the quality or frequency of such work.

2.2. To provide the Artist with reasonable notice of all rehearsals, recordings, appearances, performances, auditions meetings and any other commitments at which the Artist is required to attend under this Agreement.

2.3. To consult with the Artist in respect of any artwork, stills, photographs, biography or other material that may be used to market the Artist.

2.4. To give the Artist immediate notice of cancellation or postponement of booking by an Agency Client.

2.5 DEL shall have no personal liability to the Artist in the event of non payment by any Agency Client save that DEL shall takes such steps as it reasonably deems necessary to recover any such monies on the Artist’s behalf.

3. OBLIGATIONS OF THE ARTIST
3.1 The Artist confirms that he will honour any booking made for him by DEL and understands that in default DEL may suspend or discharge him from the Agency.

3.2 The Artist agrees to provide his services to the best of his skill and ability and shall perform his duties under this Agreement at such times, dates and locations as may reasonably be agreed with DEL.

3.3 The Artist confirms that he shall be available for all work arranged for him by DEL under the terms of this Agreement, but in the event of the Artist failing to report for any such booking without giving DEL at least 48 hours prior notice in writing (save in the case of illness confirmed by a medical practitioner’s certificate, or of bereavement), the Artist acknowledges his agreement to pay to DEL an administrative fee of £60.00

3.4 The Artist confirms that he holds a passport for a member state of the European Union and is resident in the United Kingdom.

3.5 The Artist confirms that he is of majority age and has full authority to enter into and perform this Agreement and that he is not bound by any previous Agreement which adversely affects this agreement except for the following commitments made prior to the date of this Agreement.

3.6 The Artist confirms that he is in good health.

3.7 The Artist shall not divulge any trade secrets or any other information concerning the business or affairs of DEL or its Clients’ other than in the proper performance of his duties.

3.8 The Artist agrees to keep DEL informed of his telephone number, address and whereabouts as far as reasonably possible during the Term of the Agreement.

3.9 Subject to prior consultation the Artist agrees that DEL shall be entitled to use his name, biography, photograph and image in the promotion, advertising and marketing of the Artist.

3.10 The Artist confirms that he shall be responsible for his own expenses (unless otherwise specifically previously agreed in writing), value added tax, personal insurance, national insurance and personal tax arising under this Agreement.

3.11 The Artist agrees to provide his own normal articles of modern attire, unless DEL has previously notified the Artist that costumes will be provided by DEL’S client, or provision has been made for fittings. After all assignments, any items of clothing supplied by either DEL or the client must be returned to the client or agency as appropriate before any fees can be paid.

3.12 The Artist agrees that all fees and expenses (including any amendments) will be negotiated by DEL.

3.13 For Data Protection purposes the Artist authorises DEL to hold on file (including by electronic means) any personal information deemed necessary by DEL for use in connection with this agreement, and may impart such information to any Agency client.

3.14 The Artist will not act in such a way as to endanger any person or any property of any other person, and agrees to bear without limitation any liability to any third party in the event of a breach of this sub clause.

3.15 DEL will not be responsible for any loss, damage or injury, caused to or by the artist, while working or travelling to any assignment issued by DEL.

3.16 In the event that an Agency Client terminates the employment of the Artist or withholds payment from DEL by reason of any complaint relating to the services of the Artist, the Artist agrees that DEL shall be under no liability to the Artist save than to take such reasonable steps as DEL in it’s own discretion sees fit to recover any such payment.

3.17 The Artist agrees not to initiate bookings or undertake further work with any of the Agency’s Clients without the prior written consent of DEL. Any Artist who attends an interview/casting with a client referred by DEL, must be booked through DEL for that assignment.

4. PAYMENT
4.1 In consideration of the services provided by the Artist, DEL will pay the monies owed to the Artist on receipt of payment from the client.

4.2 DEL will take a 20-25% commission from the fee that is charged to the Agency Client.

4.3. In the event of cancellation by the Agency Client, DEL shall be under no financial liability to the Artist save to re-imburse any expenses reasonably incurred by the Artist. If any company that the Artist works for goes into liquidation before payment has been made to DEL then DEL shall not be liable for any monies owed to the Artist.

5. THIRD PARTIES
5.1 Neither party shall assign, transfer, charge or make over this Agreement or any part of its rights and obligations without the prior written consent of the other party.

6. CONFIDENTIALITY
6.1 The Artist shall not disclose to any third party any confidential business or future plans of the other party at any time acquired during the existence of this Agreement and no reference is to be made to the terms of this Agreement by either party in any advertising, publicity or promotional material without the prior consent of the other party.

7. AMENDMENTS AND ALTERATIONS
7.1 This Agreement sets out the full and complete terms agreed between the parties. No prior promise written or oral shall be taken into account unless specified in this Agreement. Any amendment or variation must be in writing on a document signed by the parties.

8. NO PARTNERSHIP OR EMPLOYMENT
8.1 This Agreement shall not be deemed to create any partnership or employment relationship between the parties.

9. NOTICES
9.1 Without prejudice to the right to serve notices by any other means any notice serviced under this Agreement shall be in writing which includes by fax, but excludes e-mail. Any notice which has been sent by first class, pre-paid post shall be deemed to be received 48 hours thereafter (excluding Saturdays, Sundays and public holidays).

10. VALUE ADDED TAX
10.1 All sums payable under this Agreement are exclusive of any value added tax that may be payable by either party.

11. INDEMNITIES
11.1 The Artist shall indemnify DEL against any costs, claims or liabilities arising out of his performance under this Contract

12. ASSIGNMENTS
12.1 The Artist shall not be entitled to assign or sub-contract any of his obligations under this Contract or Assignment. The Artist may be replaced only if acceptable to DEL.

13. TERMINATION AND EXPIRY OF THE AGREEMENT
14.1 This Agreement is purely personal between the Artist and DEL and may be terminated with immediate effect by notice in writing if either party is not available for a period of not less than three months continuously to perform the obligations set out.

14.2 In addition to any other rights and remedies at law this Agreement may be terminated by giving written notice to the other party who has breached this Agreement or has defaulted in the following circumstances:

13.1 where DEL has failed to account or make payments as required under this Agreement;

13.2 where DEL or the Artist has committed a serious breach of its obligations under this Agreement unless such party rectifies the position, as far as reasonably possible, within 10 days;

13.3 where DEL goes into voluntary or involuntary liquidation;

13.4 where DEL is declared insolvent either in bankruptcy proceedings or other legal proceedings;

13.5 where a receiver is appointed over the whole or part of DEL’S business.

14. GOVERNING LAW
14.1 This Agreement shall be subject to the Laws of England.

I hereby give consent for DEL to hold whatever personal data it deems necessary in order to obtain work for me. I also authorise DEL to make such data available to other companies or organisations by electronic means at their discretion.