Artiste Represntation - The Hirer – Standard Terms and Conditions of Business
These Terms of Business do not contain the entire agreement between us but comprise the principal terms under which we conduct our business. If we agree any further terms, we will agree these in writing. You agree that if, at any time, we agree any terms that conflict with these Terms of Business, such further terms will have no effect.
We would like to advise you of our Terms of Business as follows:
Firefly Productions acts as an Employment Agency and in compliance with The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Regulations) and as members of the Scottish Music Agents Association. We have been appointed as the agent for the Artiste and, for the purpose of the Regulations, we act on the Artiste's behalf as an employment agency not as an employment business. We therefore 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.
We are obliged to make reasonable enquiries with you as to any Health & Safety risks or other legal requirements applying to you / the venue before supplying a work-seeker (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.
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 engagements, as appropriate to their talents, within the entertainment industry.
We confirm to you 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.
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 to terminate the engagement.
All Artistes are advised to carry Public Liability Insurance (PLI) and, where applicable, to have their equipment PAT certified. You should please stipulate whether Artiste(s) PLI is a necessity for any engagement. We would also similarly expect you to carry appropriate PLI cover & to ensure that all electricity supply points are regularly checked and are safe for use by the Artiste(s). (If you are hiring a venue, then you should seek such assurances from the venue management).
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.
If payment is being made to us Firefly Productions for Artistes' fees, then cheques in settlement of such monies should be made payable to Firefly Productions Clients Account ("Firefly Artiste Account")
Our invoice issued for monies due will clearly state the account to which payment should be made.
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 should be made will be named on the documentation. The real name of the Artiste(s) will, in any case, appear on confirmations / contracts.