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Ken Rose Theatrical Entertainment Employment Agency: Terms Of Business
Ken Rose Theatrical Entertainment Employment Agency may act as an Employment Agency or as an Employment Business at its sole discretion.
The way in which Ken Rose Theatrical Entertainment Employment Agency 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, Ken Rose Theatrical Entertainment Employment Agency acts as a negotiator only and is not a party to the contract.
Ken Rose Theatrical Entertainment Employment Agency cannot accept responsibility for any non-fulfilment or breach of any such contract but every reasonable safeguard is assured.
Whenever possible in cases of non-fulfilment or breach Ken Rose Theatrical Entertainment Employment Agency will replace the act, artiste or engagement with another act, artiste or engagement for a similar fee and at a similar quality.
When acting as an Employment Agency, Ken Rose Theatrical Entertainment Employment Agency operates as follows:
Commission is charged equivalent to an agreed percentage of the contracted fee received by the act or artiste in accordance with the Agency’s Commission Policy Statement. If applicable, any VAT which is due under English Law will be collected. The charge may made to either the Act, Artiste or Promoter, subject to negotiated acceptance by the party in question.
When charged to the Promoter, the commission will still be due if the Act or Artiste fails to appear; said non-appearance being a result of any action or inaction by the Act or Artiste.
When charged to the Promoter, the commission is payable in advance and is always non-refundable.
Cancellation of a contract negotiated through Ken Rose Theatrical Entertainment Employment Agency is not normally possible without the agreement of all concerned parties. In the event of cancellation by any party without cause of illness or other unavoidable circumstances, Ken Rose Theatrical Entertainment Employment Agency reserves the right to levy a charge of up to 15% 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 any party under the terms of said contract.
When acting as an Employment Business, Ken Rose Theatrical Entertainment Employment Agency is a party to each contract and accepts responsibility for the obligations under the terms of each individual agreement. No charge other than the contracted commission is made.
Commission and any money owed to this Agency shall be remitted within SEVEN days of the engagement or as otherwise stated in the written confirmation or contract. Ken Rose Theatrical Entertainment Employment Agency reserves the right to deduct any monies owed to the Agency by any individual Act or Artiste from any monies due to the Act or Artiste and forward any balance in a timely manner.
In order to ensure that there are no non-appearances, all verbal agreements are deemed to be confirmed by the signing of a written contract.
In the event of very short notice bookings, the written confirmation or contract may be sent to the Act or Artiste after the event for the maintenance of records.
The display and/or presentation of any Act or 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 Act or Artiste liable to a claim for damages.
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 Document forms part of these Terms and must be read and accepted as such.
All contracts to which these conditions apply shall be construed as in accordance with English Law.
No servant of this agency has the power to vary these terms and conditions. (other than Ken Rose the proprietor)
Whenever the context so allows, words implying the masculine shall include the feminine and the singular.
Number shall include the plural and vice versa as appropriate.
Ken Rose Theatrical Entertainment Employment Agency: Fees/Commission Policy
Ken Rose Theatrical Entertainment Employment Agency normally charges a fee (usually referred to as a Commission) at the rate of 15% agreed in advance with the Act, Artiste or Promoter.
Any appropriate taxes (for example Value Added Tax) will be charged if applicable at the time of writing.
Ken Rose Theatrical Entertainment Employment Agency is not VAT registered.
All cheques payable to Ken Rose Theatrical Entertainment Employment Agency should be made payable to "Ken Rose" only and MUST BE RECEIVED WITHIN 7 DAYS of the engagement.
If commission is to be split with another agency and VAT is required by that agency, a separate cheque must be made out by the Act or Artiste to the other agency (this being 7.5% plus the VAT). This will be clearly shown in the confirmation/contract.
Regulations require that VAT be charged at the standard rate of on any due commission.
Fees payable from Ken Rose Theatrical Entertainment Employment Agency to an Act or Artiste will be paid by cheque, less any relevant deductions of commission as detailed above and mailed with in ten days of receipt of cleared funds from the venue or its representative.
Invoices will be automatically modified (and if necessary re-issued) as required by law, to allow any changes made by Government to taxation regulations.
Any such changes (for example, to the rate of VAT) are beyond the control of Ken Rose Theatrical Entertainment Employment Agency and could, in some circumstances, alter the amount that will have to be paid even after a contract has been negotiated and the fee agreed .
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Terms & Conditions