EXCLUSIVE REPRESENTATION AGREEMENT. ASH Productions LIVE Ltd (Personal Management)

Transcription

1 ASH PRODUCTIONS LIVE LTD Theatre Personal Management Education & Training Office: 45 Dassett Road, West Norwood, London, SE27 0UF, United Kingdom W: T: +44(0) E: EXCLUSIVE REPRESENTATION AGREEMENT 1 DATE: 31st JULY PARTIES: BETH GORE The Artist Address Telephone The Manager: Address: Antony Stuart- Hicks & Paul Leno ASH Productions LIVE Ltd (Personal Management) Telephone: Dassett Road, West Norwood, London, SE27 0UF 3 SCOPE The Artist appoints the Manager to be the Artist s sole, exclusive agent and representative in respect of all work within the scope of this Agreement namely: Those branches of entertainment listed in Part 1 of Schedule 1 but excluding those in Part 2 and as the Artist non exclusive agent in respect of all work listed in Part 3 of Schedule 1. 4 DURATION OF THIS AGREEMENT The appointment of the Manager by the Artist shall come into effect immediately and shall continue until the expiry date of 4 weeks/one calendar months written notice by either party. ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 1

2 5 THE MANAGER S OBLIGATIONS 5.1 To obtain the Artist s express consent before entering into any binding commitment on behalf of the Artist. 5.2 To use best endeavours to promote and advance the career and interests of the Artist and to obtain appropriate engagements and employment for the Artist and other contracts for the exploitation of the Artist s work as may be appropriate and within the scope of this Agreement as provided in Clause 3, and to keep the Artist fully informed of those efforts and the results of them. 5.3 To advise and guide the Artist in all matters of the Artist s career in entertainment, both by periodic unsolicited advice and by advice specific to the Artist when the Artist so requests. 5.4 To negotiate fees for the Artist at the best rate reasonably obtainable for all engagements and employment of the Artist and for all other contracts for the exploitation of the Artist s work within the scope of this agreement (whether or not the Manager shall have been instrumental in obtaining the engagement employment or contract) 5.5 To use best endeavours to ensure that all monies are collected which are due to the Artist in respect of work or contracts to which this Agreement applies, whether or not the Manager negotiated the terms on which the work was done or the provisions of the contract. 5.6 If the Artist is registered for Value Added Tax (VAT) and has notified the Agent of that registration to include a claim for VAT in all claims for remuneration for the Artist. 5.7 The Manager commits to paying all monies owed to the Artist minus commission deduction within 10 working days of receipt of any monies. 5.8 All monies collected by the Manager on the Artist s behalf shall be forthwith paid into a Client Account, which the manager will maintain with the Managers bank, and which will be called a Client Account. This account may not be used for any purpose other than for the holding and paying out of monies on behalf of the Manager s clients and which will not be charged or used as security by the Manager nor exploited by the Manager in any way except that if the Manager s bank shall pay any interest on the credit balance for the time being on such account the Manager shall be entitled to retain any such interest. 5.9 After consultation with the Artist to make all appropriate arrangements for the examination of records books and accounts of any other party to a contract to which this agreement applies for the purpose of calculating the sums due to the Artist To permit the Artist or the Artist s representative to examine all books and documents for the purpose of verifying any statement of account between the Manager and the Artist, or to enable such a statement to be compiled To co- operate with any solicitors instructed by the Artist by the Artist s personal representatives or attorneys and to provide them with such assistance as they may reasonable require to assist such solicitors in the pursuit of any claim by the Artist relating to ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 2

3 the Artist s work to which this agreement applies or to a loss of the Artist s earnings whether through breach of contract, infringement of copyright, accidental injury or otherwise Not to disclose any information concerning the personal or business affairs of the Artist except for the purpose of promoting the Artist s career and obtaining favourable contract terms, or to the professional advisers of the Artist, or to such other persons who may be lawfully entitled to receive such information. 6 THE ARTIST S OBLIGATIONS 6.1 Not to engage any other agent in connection with work to which this Agreement applies (as provided in Schedule 1) or the exploitation of such work without the express written consent of the Manager, or until the termination of this Agreement in accordance with Clause To refer to the Manager all enquiries and approaches concerning such work or its exploitation. 6.3 To use best endeavours: a) to keep the Manager informed at all times as to the Artist s current address, contact numbers and address. b) to maintain a telephone answering machine or service and to ensure that it is operating when the Artist is not available to answer the telephone; and c) to check such machine or service for messages at least once on every working week day, except during periods when the Artist shall have notified the Manager that the Artist will not be accessible by telephone. 6.4 To use best endeavours to notify the Manager of all periods when the Artist: a) will not be available to undertake engagements or employment unless the reason that the Artist will not be available in an engagement or employment arranged by the Manager (but this exemption does not apply to extensions of suck engagements or employment of which the Manager may not know) ; and b) will not be accessible by telephone ASH PRODUCTIONS LIVE LTD PROVIDE A GOOGLE CALENDER WITH OPEN ACCESS FOR ALL CLIENTS TO ASSIST THE ARTIST IN HONOURING CLAUSES 6.3 and To carry out to the best of the Artist s ability all contracts and engagements, and the duties of all employment to which this Agreement applies. 6.6 To use the Artist s best efforts to act in accordance with the Manager s advice given after consultation between the Manager and Artist with regard to promoting the Artist s career. ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 3

4 6.7 To notify the Manager and to provide full particulars if the Artist is registered for VAT; or if the Artist ceases to be so registered. 7 WARRENTIES Both parties respectively warrant to the other: a) that they are free to enter into this Agreement and that it does not infringe any other agreement by which either of them is bound; b) that is either party has an interest in any enterprise with which the other is contracting or proposing to contract, to disclose the fact to the other and to waive or vary the terms for payment of commission as may be just fair in the circumstances. 8 COMMISSION The Manager shall be entitled to commission: At the rates listed in the right hand column of Part 1 of Schedule 1 in respect of all the earnings of the Artist from the types of work there listed. PROVIDED that: a) the commission shall not be payable unless and until the payment is actually received by the Artist or the Manager b) commission shall not be payable in respect of sums paid as reimbursements of the expenses incurred by the Artist in connection with the work; c) if the Manager is registered for VAT, VAT will be payable in addition to commission; d) earnings include, in addition to fees and salaries for work done, residual fees, royalties, licence fees in respect of work to which this Agreement applies even if the sums in question are paid (with the Artist s agreement or by the Artist s direction) to some other person or body, but not reimbursement of expenses incurred by the Artist; e) commission is payable in respect of earnings from work for which the Artist entered into a contract during the appointment of the Manager, even if the work was actually done following it s termination: but in respect of residual fees, royalties and licence fees payable in respect of use of the Artist s work commission shall only be payable on sums accruing and due to the Artist for the period of two years following the termination of the appointment. f) if, with the consent of the Manager, any other agent/manager is involved in procuring work for the Artist, any commission payable to the other agent shall (unless the Artist shall have given their express consent) be paid out of the commission payable to the Manager under this Agreement. g) if the Manager may deduct the commission and the VAT payable thereon from sums received on the Artist s behalf. ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 4

5 9 CONSENTS 10 The Artist hereby authorises the Manager to give on the Artist s behalf any consent required under the Copyright Designs & Patents Act 1988 or any statutory amendment or re- enactment thereof. This agreement constitutes the entire agreement between the parties. No statement or representation by either party which is not contained in this Agreement shall be binding. Nothing in this Agreement detracts from the provisions of the Employment Agencies Act 1973 or any statutory amendment or re- enactment thereof. 11 JURISDICTION This Agreement is governed by the law, and is subject to the jurisdiction of the Courts of England & Wales. ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 5

6 SCHEDULE 1 PART 1 Work to which Agreement applies Commission rate Theatre (Performances) 12.5% Theatre (Rehearsals) 12.5% Variety or Clubs 12.5% Singing or Performance of Musical Works 12.5% Dancing 12.5% Circus 12.5% Television (excluding commercials) 15% Television (including commercials) 15% Films & Video (excluding commercials) 15% Films & Video (including commercials) 15% Radio & Audio Recording (excl commercials) 15% Radio & Audio Recording (incl. commercials) 15% Merchandising 15% Modeling 15% Stunt Performing 15% Any employment obtained from the Artist s self- sourced enquiries/contacts that are, under the express consent of the Artist, given to the Manager to supervise, maintain, manage as per usual working practise under this agreement. Any international employment obtained from the Artist s self- sourced enquiries/contacts. 6.5% 6.5% Any UK based employment obtained by the Artist s self- sourced enquiries/contacts that the Artist feels suitably capable to manage themselves, with detailed and reasonable notice to the Manager so as not to breach any obligations from both parties under this agreement. 0% No Commission ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 6

7 PART 2 Work to which Agreement is not to apply N/A PART 3 Work for which Manager is appointed as non- exclusive representative N/A SCHEDULE 2 CLAUSE 5 (5) Types of contract which shall be signed personally by the Artist (Please tick next to the appropriate options to indicate that you wish to sign personally prior to return. Please leave BLANK should you wish designated representatives of ASH Productions LIVE to sign on your behalf, therefore giving them your express consent.) Contracts for live performances at more than one venue or extending over more than 4 weeks Contracts involving travel outside the UK Contracts involving horse- riding, sword- fighting or otherwise involving foreseeable risk of injury Contracts involving appearance in the nude, semi- nude or simulated sex Merchandising Agreements Publishing Contracts Recording Contracts CONCLUSION Both parties hereby agree to the obligations under this Agreement. Signed by the Artist. Date.. Signed by the Manager. Date 31 st JULY 2012 ASH PRODUCTIONS LIVE LTD. Registered in England & Wales (Company No ) 7