Find below the details of our terms of business. We are obliged by law to ensure all artistes working via Chord Theatrical & Corporate receive a copy.
Terms of Business
We, Chord Theatrical & Corporate, are Members of the Agents' Association (Great Britain) and trade as an Employment Agency in compliance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as detailed in Statutory Instrument 2003 No. 3319).
We confirm our Terms of Business in relation to contractual arrangements and engagements for services within the entertainment industry (Engagements) with third party hirers.
1. Artistes have provided/undertake to provide the personal details requested by us to enable us, with their agreement, to introduce, negotiate and secure engagements on their behalf as appropriate to their talent, capabilities and qualifications. When an engagement has been negotiated and accepted by both artistes and the hirer, a contract, whether verbal or written, then exists. We will issue or arrange the issue of appropriate documentation confirming specific details for each engagement negotiated on the artistes’ behalf.
2. We will be entitled to the commission (set out below) for introducing and/or negotiating such an engagement. Commission will be due on all engagements introduced and/or negotiated on an artiste’s behalf. In the case of illness, you will be expected to provide us with a Medical Certificate within seven days.
3. We will charge a commission of 16% on any and all fees (including advances, deposits guarantee, repeat fees and overages) payable on any and all engagements introduced, negotiated or secured by us and accepted by artiste.
4. Artistes will pay the commission on any fee paid or payable to them for any renewals and/or extensions of any engagements made on their behalf and on any re-engagement made with any hirer at any venue originally introduced, negotiated and/or secured by us where such re-engagement is agreed within a twelve-month period of the original Engagement. During any engagement booked via Chord Theatrical, artistes should only give out publicity and business cards containing Chord Theatricals details. Artistes should refrain from giving out personal business cards.
5. On all engagements artistes undertake where payment is made to them or any third party on their behalf on the night, commission is payable to us on any such Fee, within 14 days of such Engagement and on presentation of our invoice whichever is the later.
6. Artistes hereby grant us the necessary permission to collect Fees from any Engagement and other monies including (but not limited to) expenses, royalties, repeat fees etc on their behalf in relation to any Engagement we have introduced, negotiated and/or sourced. Where any Fees are paid to us directly, we will invoice artistes for the commission on those fees on receipt of those fees. The Commission will be payable on receipt by artistes of the invoice. We shall be entitled to deduct our Commission from the Fees and other monies held by us.
7. On any engagement, artistes undertake where payment is made to us then we agree to receive and handle the fees and any other monies payable to them through our client account. We will pay any fees and other such monies within ten days of our receipt of cleared funds, less: (1) any Commission payable on the Fees in relation to that engagement; (2) any Commission on any fees in relation to any other engagement arranged by us where that commission remains unpaid; and (3) any other monies also properly due to us
8. Any payment made to artistes by us prior to our receipt of Fees for any Engagement shall be at our discretion.
9. If we have already charged you (or deducted) Commission on an Engagement where it transpires that the Fees are not met in full, then we will rebate our Commission (or issue a credit note) on that portion of your Fees that artistes did not receive through default on the part of the hirer.
10. We will keep details of financial transactions made on artistes’ behalf for 6 years and details of contracts, confirmations and/or letters of agreement for work negotiated on their behalf for 1 year after the relevant Engagement. Such records may be in written or electronic form.
11. We will be required to provide some of the personal information that artistes provide to us to each potential hirer. Aside from this, we will keep the personal information provided to us on file and will use it only as necessary to secure work for an artiste. We will not otherwise divulge such information to third parties without your express consent except where we are required to make any such disclosure to your professional body or required to make such disclosure by law. Artistes must be aware that if we receive any information about them that indicates that they may be unsuitable for any Engagement, we are under a legal obligation to notify the hirer as soon as we become aware of that information and/or to investigate such information. Artistes will on request provide us with such information and documents, as we require enabling us to properly investigate such information.
12. Please note that in seeking suitable work for artistes, we may offer their services to other agencies and, where appropriate, will authorise such agencies to collect their fee from hirers and pay them via our Agency. Where we 'sub contract' our services, we will endeavour to ensure that the second agency is 'suitable' (as defined by regulations) and we may provide such second agency with such personal details as are required to secure the work in question.
13. In the event that an engagement negotiated and confirmed for an artiste is cancelled by a hirer, artiste may have grounds for claiming compensation from such hirer - subject to the legal requirements that artistes use their best endeavours to mitigate any potential loss. Artistes should note that we act only as their agents in securing engagements for them and are not a party to the agreement for any engagement. Therefore, in the event artistes wish to take action to secure compensation, it will be up to them to proceed directly against the hirer. We will assist in such claim(s) only in so far as we will provide artistes with copies of any notes or documentation that we hold relevant to the cancelled engagement. Artistes should also note that commission (as detailed in above) would be payable to us on any compensation, net of costs that an artiste secures in such action.
14. We will use our best endeavours to obtain, and make artistes aware of, any relevant information and/or issues relating to health & safety and any legal requirements that artistes must comply with in any Engagements we negotiate for them. Artistes, in turn, undertake to keep us fully informed of any aspects of, or changes to, their act or presentation which may have health & safety (or other risk) implications of which we should inform potential hirers.
15. It is the artistes’ responsibility to ensure that their equipment (where applicable) is maintained in a safe condition, particularly electrical equipment which should be PAT (Portable Appliance Testing) certified.
16. It is the artistes’ responsibility to arrange, and keep current, suitable Public Liability insurance. We recommend that this cover should be in the sum of not less than £5,000,000.
17. Our appointment under these terms of business is non-exclusive and artistes will be entitled to appoint other agents on their behalf. We do not give you any guarantees as to the level of work or number of Engagements that we will introduce to you. You can terminate our appointment by giving us no less than 30 days notice in writing of your intention to do so. We can terminate our appointment by giving artistes no less than 30 days notice of our intention to stop acting for them. In the event our appointment is terminated for whatever reason, artistes will still be required to pay us the Commission as set out above.
18. If any Engagement requires artistes to work with any persons under the age of 18, they will, on request, provide us with such additional information, as we require ensuring they are suitable for that position.
19. If any provision of this agreement should be held invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.
20. The artiste agrees to allow this agency to advertise on their behalf in whatever media is considered suitable by this agency. e.g. (Press, Web-site, TV etc).
21.This agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Chord Theatrical and Corporate will always make certain that all clients privacy is protected as required by GDPR regulations of 25th May, 2018.
How we use your personal data
Chord Theatrical and Corporate processes personal information to enable us to
Any personal data which we require we will collect directly from yourself and may include:
How we will contact you
Chord Theatrical and Corporate will use your phone number and email address to contact you according to your preferences, and from time to time we may use social media (e.g. Facebook, Twitter and message facilities in other platforms).
You can change your preferences at any time by contacting us. In the case of social media messages, you can manage your social media preferences via that social media platform.
How to change your preferences or update your personal data
Under data protection law you have the right to:
If you have any questions regarding how Chord Theatrical and Corporate use your personal data or should any of your personal data need to be updated or you wish to change the way in which we contact you, please contact our Data Protection Officer (Jeanne Gray)
Email address: jeannegray@talktalk.net
Office number: 0151 420 3191