Standard Terms Of Business
1. Emkay Entertainments acts primarily as an Employment Agency and work in compliance with the Regulations and, as members of the The Entertainment Agents’ Association Ltd, also in accordance with the Association’s Code Of Conduct.
2. As an Employment Agency, our position is that we act as Agents for the Artiste(s) (who pay us for those services) and, whilst bookings are arranged by us with you, the agreements then coming into force are between you, the Hirer, and the Artiste(s).
3. If we need to act as an Employment Business at any time in arranging Artistes for you, then we will tell you so at the time of the booking and will document the fact in confirmations or contracts issued for such Engagements(s). Under those circumstances, your contract is directly with us, Emkay Entertainments Agency to supply the Artiste.
4. On Commission bookings, this Agency acts as an Employment Agency. On net bookings, this Agency acts as an Employment Business.
5. We are obliged (where necessary) to make reasonable enquiries with you as to any Health & Safety risks or other legal requirements applying to you/the venue before supplying an Artiste. Equally, we will advise you of any special requirements of any of the Artiste(s) we supply and, if applicable, of any risks involved in the presentation of the Artiste’s act.
6. We confirm that we have/will have obtained authorisation from the Artiste(s) to act as their Agent for the purpose of seeking, negotiating and securing arrangements, as appropriate for their specific talents, within the entertainment industry.
7. We confirm that we have/will have made all reasonable enquiries with the Artiste(s) regarding their suitability and that we have obtained all relevant and necessary information required as defined in the Regulations.
8. If, after having arranged (an) Artiste(s) for you, we are made aware that any such Artiste(s) is/are or may be unsuitable for the Engagement in question, we are obliged to bring this to your attention and possibly terminate the Engagement.
9. The Hirer and Artiste(s) agree that negotiations for FUTURE BOOKINGS arising from any Engagement, either directly or indirectly, within twelve months of the last performance date on the Confirmation of Contract agreement, shall be through this Agency. Whether or not the booking falls into this period. This includes any re-bookings, private bookings or functions in the same or any other venue. Specifically, no side contracts can be entered into between the Hirer andArtiste(s) without notification to this Agency. It is the responsibility of both the Hirer and the
Artiste(s) to notify any subsequent enquiries and/or Engagements to the Agency office. Failure to notify this Agency of any subsequent Engagements will be deemed as a breach of Contract and such Engagements will be invoiced for Commission. This includes any communication between the Hirer and Artiste(s) by telephone, email, social media or other such platforms. The display or exchange of Artiste(s) contact details shall be deemed as a breach of Contract. The Terms of Business and Confirmation of Contract issued by this office will apply to all Engagements. If you
do not have copies of these documents, they are available, free of charge, on request.
Emkay Entertainments Agency
The Entertainment Hub, Unit 1, 7 Drovers Road, East mains Industrial Estate, BROXBURN EH52 5ND
Office : 01506 855555 Emergency : 07508 818757
10. It may often be the case that, in seeking always to supply the best entertainment for you, we will sub-contract the services of (a) suitable Artiste(s) from other Employment Agencies or Employment Businesses. When and if we do so, we will ensure that our Terms Of Business with such other Employment Agency or Employment Business are in place before making the booking and that they, in turn have all required permissions and information necessary from the Artiste(s). We will also document the involvement of such other Employment Agency or Employment Business in contracts/confirmations issued.
11. A Confirmation of Contract is issued as confirmation of a verbal agreement between the Artiste(s) “As Known” listed and the Hirer. Non-signature is not sufficient to cancel the agreement. The Agent issuing acts as a legal witness that a contract exists between the named parties.
12. Unless named as the Artiste(s) or the Hirer above, this Agency is not responsible for non fulfilment of contract by either party, but every reasonable safeguard is assured.
13. Cancellation of any contract negotiated through Emkay Entertainments is not normally possible without the agreement of all concerned parties. In the event that any Engagement is cancelled by the Hirer we will use our reasonable endeavours to find an alternative Engagement for the Artiste(s) on the night of the original Engagement on similar terms to the Engagement that has been cancelled. In addition you, the Hirer, will use your reasonable endeavours to find an alternative Engagement or suitable date for another Engagement with the Artiste(s). If neither of us are able to find an alternative/replacement Engagement and the cancellation has taken place less
than 6 months from the date of the Engagement(s) were due to take place, you shall pay as follows:
a. Where the Hirer cancels the Engagement less than 6 months but more than 3 months prior to the date of the Engagement, 25% of the fee; or
b. where the Hirer cancels the Engagement less than 3 months but more than 1 month prior to the date of the Engagement, 50% of the fee; or
c. Where the Hirer cancels the Engagement less than 1 month prior to the date of the
Engagement, 100% of the fee
14. Emkay Entertainments reserves the right to charge interest on overdue monies due, from the Hirer or the Artiste(s) at the rate of 8% per annum above the bank base rate and varied from time to time. In addition, if the Hirer or the Artiste(s) defaults on payment Emkay Entertainments Agency reserves the right to place the matter in the hands of their debt recovery agents, without prior warning in writing, and shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agent to aid recovery of monies outstanding to Emkay Entertainments Agency.
15. All Artistes are advised to carry Public Liability Insurance (PLI) and, where applicable, to have their equipment P.A.T. (Portable Appliance Test) certified. You should stipulate where Artiste(s) PLI is a necessity for any engagement. We would also similarly expect you to carry PLI cover & ensure that all electricity supply points are regularly checked and are safe for use by the Artiste(s). (If you, the Hirer, are hiring a venue, then you should seek such assurances from the venue management).
16. If payment is being made to us, Emkay Entertainments Agency, for Artiste(s) fees, then cheques in settlement of such monies should be made payable to ‘Emkay Entertainments’. For BACS purposes please contact us for bank details.
17. If it is agreed that you will be paying the Artiste(s) direct on the day of the performance (or as agreed where multiple performances are booked), the person to whom payment shall be made will be named on the documentation. The real name of the Artiste(s) will, in any case, appear on confirmations/contracts.
T.O.B. Updated March 2020