Terms of service
TERMS OF BUSINESS AND MANAGEMENT CONTRACT OF AGREEMENT
AGREEMENT between Sonder (hereinafter called “The Agent”) and the client, upon creating a profile on Tagmin and/or adding Sonder as an agent to their Spotlight profile (hereinafter called “The Artist”).
IT IS HEREBY AGREED AS FOLLOWS:
A. General Terms & Conditions of Representation
1. The Artist will provide The Agent with personal details, as requested by The Agent, to enable The Agent to introduce, negotiate, and secure Engagements on The Artist’s behalf as appropriate to The Artist’s talent, capabilities and qualifications.
2. Notwithstanding any termination of this Agreement, The Agent will conduct all negotiations exclusively on The Artist’s behalf, to include re-employment and / or extension of any contract originally negotiated by The Agent. When an Engagement has been negotiated and accepted by both The Artist and The Hirer, a contract, whether verbal or written, then exists. The Agent will arrange the issue of appropriate documentation confirming specific details for each Engagement negotiated on The Artist’s behalf.
3. The Artist will inform The Agent at his / her earliest convenience of any dates on which he / she is unable to attend auditions / filming due to holiday, illness or any other events which may preclude him / her from attending.
4. The Artist will provide The Agent with up-to-date contact information i.e. Addresses, mobile numbers, landline numbers, email addresses or any changes thereof. This will include contact numbers whilst The Artist is on holiday.
5. The Artist understands that The Agent does not act as a legal representative on behalf of The Artist in any contractual disputes, or claims, which The Artist enters into with any hirer, but that The Agent will, where appropriate and within his / her means, provide The Artist with any documents which may aid their claim.
1. The Agent will charge a commission plus VAT if applicable on any and all Engagements, renewals, and / or extensions of any Engagements (including “Sequels”, “Spin-offs” and further instalments) negotiated and / or secured by The Agent on The Artist’s behalf, including where the hirer contacts The Artist directly.
2. No commission will be charged on Travel allowances, Subsistence or Living allowances, Expenses or Per Diems.
3. In the event of an agency supplement fee being added, The Artist understands that the supplement fee will be deducted in addition to the standard commission rate and that VAT will not be charged to the artist in this instance.
4. The Agent will not charge commission on Engagements secured by The Artist through The Artist’s own sourcing and negotiation. However should The Artist wish The Agent to work on their behalf on any agreement, then full commission will be charged at our standard rates.
5. The Agent reserves the right to review commission percentages on an annual basis should The Agent deem it appropriate.
6. The Artist should note that if he / she does not honour any Engagement and his / her failure to do so causes a loss of revenue to The Agent, The Artist will be required to pay commission on the Fee that he / she would have received for such Engagement, except where The Artist’s failure to perform is caused by reason of illness or by “Force Majeure”, as laid down in the VLEC/Equity/Agents’ Association Standard Contract. In case of illness The Artist will be expected to provide The Agent with a Medical Certificate within seven days.
7. The Artist understands that The Agent will not submit The Artist for any unpaid Engagement, nor will The Agent negotiate on behalf of The Artist any unpaid Engagement which The Artist has secured himself / herself.
8. The standard rates of commission will be as follows:
a) 20% Due on all work across all mediums and platforms.
C. Payment Arrangements
1. The Artist agrees that all monies and earnings from Engagements negotiated by The Agent shall be paid directly from the hirer into The Agent’s client account, and then paid to The Artist minus any commissions owed to The Agent.
2. The Agent will receive all monies on The Artist’s behalf and deduct commission before forwarding payment to The Artist within seven (7) working days of The Agent’s receipt of cleared funds less: (1) any Commission payable on the Fees in relation to the Engagement for which they are being received; (2) any Commission on any Fees in relation to any Engagement arranged by The Agent where Commission remains unpaid; and (3) any other monies properly due to The Agent.
3. The Agent will keep details of financial transactions made on The Artist’s behalf for two (2) years and details of contracts, confirmations and / or letters of agreement for work negotiated on The Artist’s behalf for one (1) year after the relevant Engagement. Such records may be in written or electronic form.
D. Cancellation of an Engagement
1. In the event that the hirer cancels an Engagement negotiated and confirmed for The Artist, The Artist may have grounds for claiming compensation from such hirer – subject to the legal requirements that The Artist use his / her best endeavours to mitigate any potential loss. The Artist should note that The Agent acts in securing Engagements for The Artist, and is not party to the agreement for any Engagement. Therefore, in the event that The Artist wishes to take action to secure compensation, it will be the responsibility of The Artist to proceed directly against the hirer. The Agent will assist in such claim(s) only in so far as providing The Artist with copies of any notes of documentation held by The Agent relevant to the cancelled Engagement. The Artist should also note that Commission (as detailed above) will be payable to The Agent on any compensation, net of costs, that The Artist secures in such action.
2. In the event that The Artist cancels an Engagement negotiated and confirmed by The Agent, then The Artist understands that The Agent is not liable or responsible in any way for The Artist’s cancellation, and is not included in any action or claim taken by the hirer to recover any losses from The Artist.
E. Use of Personal Information
1. The Agent may be required to provide to a potential hirer personal information supplied by The Artist. The Artist understands that The Agent is under a legal obligation to the hirer to notify the hirer of any information that deems The Artist unsuitable for any Engagement, and / or to investigate such information. The Artist will provide The Agent with such information and documents as required to enable a proper investigation.
F. Notice Period
1. Should The Artist wish to cancel this agreement, he / she must give The Agent written notice with immediate effect.
2. All work secured by The Agent on The Artist’s behalf shall be dealt with exclusively by The Agent and commission will be payable in perpetuity for the duration of all contracts.
3. Should The Agent wish to terminate this agreement, The Agent will do so in writing with immediate effect.
The Agent reserves the right to change the company name, and in such instance will notify The Artist of such change, in addition to any change to either the trading name of The Agency, or the registered company number.
The parties agree that this Agreement is binding upon The Artist creating a profile on Tagmin and/or adding Sonder as an agent to their Spotlight profile.
Please note that if The Agent introduces and / or negotiates and The Artist accepts Engagements from The Agent, then these are the Terms of Business which apply to trading together whether or not The Artist has signed and returned a copy of this letter.