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Terms of Business (Havnaseriousmoment)
Havnaball Entertainment Ltd, PO Box, Lancashire
Registered at Compnaies House, no. 5432040
1) Havnaball Entertainment may act as an employement agency or as an
employment business, at its sole discretion. The way in which Havnaball
Entertainment is acting for each booking will be made clear to all concerned
parties prior to the completion of negoiations, and will be clearly shown in
documentation issued.
2) When acting as an Employment Agency;
a) Havnaball Entertainment acts as negotiator only and is not a party to
the resulting contract.For this reason Havnaball Entertainment cannot accept
responsibility for non-fulfilment or breach of any such contract, but every
reasonable safeguard is assured. Wherever possible in such cases, Havnaball
Entertainment will replace the act or engagement with one of similar price and
quality.
b) Havnaball Entertainment seeks to negotiate agreements for The Artiste
in those branches of the entertainment field for which The Artiste is suited by
reason of his talent and ability.
c) For the provision of this service Havnaball Entertainment charges a fee
equivalent to an agreed percentage of the contracted fee receivable by the
Artiste, in accordance with our Commission Policy Statement. Havnaball
Entertainment will also collect any applicable tax (for example VAT) which is
due under English Law. The charge may be made to either the Artiste or Promoter
subject to the negotiated acceptance of the party in question.
d) The Fee (commission) is charged only after the provision of the service
has been completed. Therefore there is no provision for a refund of commission
in any circumstances. e) 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.
f) Where charged to the Promoter the fee (commission) is normally payable
in advance and is always non-refundable.
g) Cancellation of any contract negotiated through Havnaball Entertainment
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, Havnaball Entertainment reserves the right to levy a
charge of up to 20% of the agreed fee against the cancelling 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.
h) Havnaball Entertainment normally acts as negotiator only and as such
may not enter into agreements on behalf of third parties. If at any time
Havnaball Entertainment is authorised to enter into agreements on behalf of the
Artiste or the Client for any individual booking, such authority will be made
known to both parties during the negotiation.
i) Havnaball Entertainment may receive fees due to the Artiste (for
example in the event of a no pickup booking or in the course of arriving at a
dispute resolution) but must account to the Artiste for any such payments that
it receives.
j) Agreements are made separately for each booking, and there is no
requirement for any Artiste to accept any booking offered. The Artiste can
therefore end the relationship by simply not accepting any further bookings and
the Agent can end the relationship by not offering any such bookings.
k) If any Artiste seeking employment under a normal non-exclusive agency
representation agreement (i.e. who has not signed under a management or sole
representation contract) should wish to cease being represented by Havnaball
Entertainment and have their name and details removed from any promotional
materials issued by the Agency they can give a minimum of [Number of Days Here]
days notice in writing. From that point no further promotional materials
featuring the Artiste will be created, but it must be understood that it is not
possible to remove information from hard copy products already published
l) The Artiste will be required to honour any and all contracts negotiated
and accepted prior to the expiry of such written notice. The Artiste must
undertake to ensure that any ongoing commission or other financial remuneration
due is paid to Havnaball Entertainment promptly and in accordance with these
Terms of Business.
3) When acting as an Employment Business:
a) Havnaball Entertainment is a party to each contract and accepts
responsibility for its obligations under the terms of each individual agreement
including the obligation to pay the contracted fee to the Artiste when it is
due regardless of whether or not Havnaball Entertainment has been paid by its
customer.
b) The fee payable to the Artiste will be that fee agreed by him or her
and duly indicated in the contract.
c) No charge other than the contracted fee is made.
d) The Artiste will be employed under a contract for services.
e) Any contract entered into between Havnaball Entertainment and the
Artiste will be for an agreed period (normally one performance) and will not
provide for cancellation by either party.
f) Since the Artiste will be either self-employed or an incorporated body
there is no entitlement to Holiday Pay or any payment in lieu thereof.
4)Commission and monies owed to Havnaball Entertainment 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.
5) In order to ensure that there are no non-appearances or let downs, 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.
6) The display and / or presentation of any artiste's address and / 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.
7) 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.
8) No servant or agent of this agency has the power to vary these terms
and conditions.
9) 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.
10) If the customer has special requirements i.e. extended performances or
any other items not normally provided by the artiste additional charges will be
incurred. If any artiste is required to travel over 30 miles to a venue then
travel expenses will apply.
11) If you have a complaint Contact our customer services department on
01706 600761 and we will be pleased to deal with your issue swiftly and efficiently
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