Terms of Business
Basitours Standard Terms and Conditions of Business for Promoters and Venues
Background
On 15 April 1981, The Conduct of Employment Agencies and Employment Businesses Regulations 1981 were enacted. These Regulations mandate that agents within the music industry provide their standard terms of business in writing to each hirer (promoter/venue) with whom they engage. The Terms of Business detailed in Appendix 2 encompass those terms set out in the Regulations that we are required to share with you to comply with these Regulations. All definitions and Additional Terms are delineated in Appendix 1.
Agreement
By signing this document, you confirm your agreement to the Terms of Business (including Appendix 1).
These Terms of Business do not encapsulate the entire agreement between us but delineate the principal terms under which we conduct our business. Should we agree on any additional terms, those will be documented in writing. You acknowledge that should there be any future terms agreed upon that conflict with these Terms of Business, such conflicting terms will be deemed invalid.
Appendix 1: Definitions
Artist: Any artist with whom you enter into a contract or intend to contract for (a series of) Engagements.
Engagements: Any arrangement(s), engagement, or series of engagements that you will provide for the Artist.
Fees: Any fees payable by you to the Artist (or to us or any third party on the Artist's behalf), including but not limited to expenses, advances, deposits, guarantees, and overages, as well as any VAT or other sales tax applicable on such amounts.
Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 1981.
Terms of Business: The standard Terms of Business laid out in Appendix 2.
We/us: Basitours, VAT No. CHE-283.821.343, Contact: office@basitours.com
You: Promoter
1. Services
1.1 We are appointed as the agent for the Artist.
1.2 In accordance with the Regulations, we act on behalf of the Artist as an employment agency, not as an employment business.
1.3 We are not authorized to enter into or sign any agreements on the Artist's behalf, nor will we enter into agreements with the Artist on your behalf.
1.4 We will negotiate and agree with you the terms under which the Artist will perform any Engagement(s) and facilitate the drafting of the agreement between you and the Artist.
2. Payment and Deposits
2.1 Upon our request, you shall pay the whole or any part of the Fees to us on the Artist's behalf or to any third party as nominated by the Artist and communicated to you by us.
2.2 Any deposit payable to the Artist for any Engagement(s) will be held by us in our client account. Subject to paragraph 2.3, it will be payable to the Artist on the day following the completion of the Engagement to which the deposit relates.
2.3 Unless otherwise agreed with the Artist, if you cancel or postpone any Engagement for any reason and the Artist was available to fulfill such Engagement, any Fees for the Engagement shall be paid to the Artist (or to us or any third party) immediately upon demand.
3. Performance
We are not responsible for the Artist's attendance at any Engagement nor are we required to ensure the Artist fulfills any obligations agreed upon with you.
4. Information
4.1 You agree to provide:
(a) Information necessary to confirm your identity and the identity of your business (including copies of passport(s) and/or certificates of incorporation);
(b) The name or nature of the Artist;
(c) Details and dates of any Engagements for which you wish to engage an Artist, along with the location and duration of the Engagement;
(d) Details of any risks involved for the Artist in attending and performing at the Engagement, including any required health and safety assessments;
(e) Any qualifications and requirements the Artist must comply with (including membership of any union or professional body);
(f) Details of the Fees (and any expenses) you are prepared to pay the Artist, including the payment schedule;
(g) Details of any rights for both you and the Artist to cancel or withdraw from any Engagement;
(h) Confirmation of whether you will be acting as an employment agency or employment business (for the purpose of the Regulations);
(i) Any other relevant information for the Artist to consider before agreeing to undertake any Engagement.
4.2 We will provide any potential Artist with the information you provide us under paragraph 4.1.
4.3 Based on the information you provide, we will inform you of any legal requirements necessary for engaging the Artist for any Engagement.
4.4 Should you act in a manner we reasonably consider detrimental to the interests of any Artist, or fail to act in a way necessary for their interests, we reserve the right to inform the Agents' Association of Great Britain, which may then communicate this information to its members.
5. Travel
5.1 Recognizing the nature of the Engagement may require the Artist to travel and stay away from home, you will provide us with necessary information regarding the Artist's travel arrangements and accommodation to ensure suitable provisions have been made.
5.2 If you arrange (or promise to arrange) travel for the Artist to any Engagement, you commit to providing both travel to the Engagement and for the return journey. You will also provide any requested information related to such travel. Should any return travel costs be incurred by us or the Artist, you will reimburse those costs upon demand.
6. General
6.1 Any Additional Terms referred to in Appendix 1 form part of these Terms of Business.
6.2 Both parties are entitled to send notices or other required information via email to the addresses specified in Appendix 1.