- OEA Entertainment (company no 571 4734) may act as an Employment Agency or as an
Employment Business, at its sole discretion. The way in which OEA Entertainment
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:
- OEA Entertainment acts as negotiator only and is not a
party to the resulting contract. For this reason OEA Entertainment
cannot accept responsibility for non-fulfilment or breach of any
such contract, but every reasonable safeguard is assured. Wherever possible
in such cases, OEA Entertainment will replace the act or
engagement with one of similar price and quality.
- OEA 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.
- For the provision of this service OEA Entertainment charges
a fee equivalent to an agreed percentage of the contracted fee receivable
by the Artiste, in accordance with our Commission Policy Statement. OEA
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.
- 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.
- 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.
- Where charged to the Promoter the fee (commission) is normally payable
in advance and is always non-refundable.
- Cancellation of any contract negotiated through OEA 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, OEA Entertainment
reserves the right to levy a charge of up to 15% 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.
- OEA Entertainment normally acts as negotiator only and
as such may not enter into agreements on behalf of third parties. If at
any time OEA 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.
- OEA 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.
- 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.
- 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
OEA Entertainment and have their name and details removed
from any promotional materials issued by the Agency they can give a minimum
of 30 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.
- 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 OEA Entertainment promptly
and in accordance with these Terms of Business.
- When acting as an Employment Business:
- OEA 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 OEA Entertainment
has been paid by its customer.
- The fee payable to the Artiste will be that fee agreed by him or her
and duly indicated in the contract.
- No charge other than the contracted fee is made.
- The Artiste will be employed under a contract for services.
- Any contract entered into between OEA Entertainment and
the Artiste will be for an agreed period (normally one performance) and
will not provide for cancellation by either party.
- 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.
- Commission and monies owed to OEA 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.
- 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.
- 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.
- 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
"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.
Artist Commission Policy
This agency normally charges its artistes a fee equivalent to a commission
of 15 % NETT OF PROMPT PAYMENT DISCOUNT. However, we reserve the right to vary
this rate at any time either in specific cases or in general. This will only
be done with the agreement of the Artiste.
Discount can only be claimed if payment is made within Seven Days of the date
of booking or date of artistes' receipt of payment, whichever is the later.
It can only be claimed when an account is in order. (i.e. no outstanding amounts
are due.)
In cases where there is a split commission or cases where there is a higher
than average level of expense in obtaining the booking, this agency may charge
a higher level of commission. This will be done only with the prior agreement
of the artistes.
All commissions are invoiced as if they were paid later than seven days, with
the amount of available discount clearly indicated on each invoice.
For example, a booking for £100 at the standard rate would be invoiced
at £18. A discount of £3 would be available for payment within seven
days, so if you paid within that time you would only pay £15
The date of payment shall be the date of the postmark on the envelope if by
post. If in person, the date on which that amount is physically paid.
All accounts with overdue balances that exceed 30 days will be subject to interest
at the rate of 8% per month compounded.
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 all payments are made by cheque.
PLEASE NOTE: It is the responsibility of the artist to pay their own National
Insurance Contributions & Taxation.
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