Parents Contract

 Parents’ Artist Contract

IMPORTANT: By applying to register with the agency or by applying for any of our jobs, you have already stated that you have read and agree to the terms below.

1. DEFINITIONS

The following expressions shall have the following meanings:

1.1 “Agent” means DJ Archie Agency.

1.2 “Artist” refers to the artist/signatory parent or guardian and any person responsible for or accompanying the artist on Assignment.

1.3 “Client” means any third party, individual, partnership, company or other organisation or entity which contracts with the Agent with a view to procuring the services of the Artist in respect of an Assignment.

1.4 “Assignment” means any services requested by a Client in connection with any form of advertising, entertainment, leisure, marketing or public relations activities that it is proposed that the Artist undertakes.

1.5 “Offer of Representation” means an offer made to the Artist by the Agent to represent the Artist for the Term subject at all times to the Terms and Conditions below with a view to securing Assignments with Clients.

1.6 “Term” means the duration of Representation as accepted by the Artist as agreed between the Artist and the Agent.

1.7 “Representation” means the representation provided by the Agent to the Artist upon acceptance of the Offer of Representation and these Terms and Conditions.

1.8 “Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by the Agent.

1.9 “Fees” means the sums due to the Artist from a Client in respect of an Assignment.

1.10 “Agreement” means the contract between the Agent and the Artist for agency services incorporating these Terms and Conditions.

1.11 “Artist’s Image” includes any reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings, or material of any other nature including electronic imaging for all known or anticipated purposes.

1.12 “Regulations” means The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

2. GENERAL

2.1 These Terms and Conditions shall apply to the Agreement for Representation and shall supersede any other documentation or communication between parties.

2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.

2.3 These Terms and Conditions shall be attached to any Offer of Representation and signed and returned to the Agent by the Artist.

2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled, by virtue of any statute, law or regulation.

2.5 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties.

2.6 The Agent is acting in the capacity of an employment agency.

3. OFFER OF REPRESENTATION

3.1 The Offer of Representation is attached to these Terms and Conditions.

3.2 The Offer of Representation shall remain valid for acceptance.

3.3 The Offer of Representation must be accepted by the Artist in its entirety.

3.4 The Offer of Representation is for Music, Film, TV and promotional work as well as any photographic assignments.

3.5 We are a non-sole agency. You cannot apply for work/registration if you belong to a sole agency.

3.6 The agency reserves the right to recover any loss of earnings or fees from parents who are signed to a sole agency.

4. APPOINTMENT AS AGENT

4.1 The Agent shall always operate as an employment agency in accordance with the Employment Agencies Act 1973.

4.2 The Agent will, subject to the Artist’s acceptance of its Offer of Representation and these Terms and Conditions, act as the Artist’s agent and provide Representation to negotiate and conclude agreements with Clients in respect of Assignments.

4.3 The Artist does not appoint the Agent as the sole and exclusive agent and is permitted to contract, negotiate or register with other agents.

4.4 The Artist grants the Agent sole authority on behalf of the Artist to collect and receive all gross income arising out of any Assignment undertaken by the Artist during the Term and after the expiry of the Term to the extent that such gross income arises out of any Assignments negotiated by the Agent during the Term.

5. PAYMENT OF FEES

5.1 Further to Condition 4.4 above, the Agent will collect from the Client all gross income in respect of an Assignment.

5.2 The Agent will retain a commission of the total gross income received on all engagements valued over 350GBP / if no fee's are due the Agent will just collect the monthly lesson subscription payable on the 1st of each month. This subscription entitles the Artist to a 30 minute minimum monthly video lesson with a mentor, access to the artist/parent discord and a quarterly session with Ross Harvey our mental health coach.

5.3 Parents understand that should they be confirmed for a performance or media engagement the agency because of their application then the agency will exercise its right to recover the full commission from any fees earned by that Artist.

5.4 Any Artist who secures work through the agency and is then recalled by the same production or promotion company for repeat work for the same brand/assignment, will be bound to the same terms for a 5-year period. The agency will exercise its right to recover the full commission from any fees earned by that Artist directly from the Artist and in accordance with our Terms.

5.5 The Agent will then, pursuant to the Regulations, send the Artist payment of the Fees within 10 days beginning with the day the gross income was received by the Agent.

5.6 Any Fees held by the Agent are held as trustee for the Artist and the Agent shall honour all of the Artist’s rights in respect of those Fees as set out in the Regulations.

5.7 When an Assignment is cancelled by the Client prior to its commencement the Agent will endeavour to collect any cancellation fees due under the Client’s T&Cs. The Artist will be entitled to two-thirds of these recovered fees. However, pursuing cancellation fees is not always advisable and this is done at the discretion of the Company.

5.8 The Agent is not obligated to pay Artist fees prior to payment by the client. The client may take an indefinite period to pay but is requested to make payment within 30 days of receiving the invoice.

5.9 The Agent will not be liable for any outstanding fees to the Artist in the event of indefinitely delayed payment by the client for whatever reason.

5.10 The Artist is self-employed and personally responsible for the payment of income tax, National Insurance contributions and other statutory deductions and where appropriate value-added tax. The Agency will not be liable for any Artist’s failure to complete any of the above-mentioned. All VAT-registered Artists are responsible for sending in VAT invoices within 30 days of all assignments. The Artist will invoice the Agent with any necessary VAT amount on completing the contract in order to receive payment.

6. ARTIST OBLIGATIONS

6.1 The Artist shall always act in a professional and courteous manner and shall attend all Assignments on time.

6.2 The Artist shall carry out every Assignment to the best standard of ability and skill.

6.3 The Artist shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Assignment is being conducted.

6.4 The Artist shall keep the Agent informed of any significant changes in appearance.

6.5 The Artist shall not without the consent in writing of a duly authorised representative of the Agent expose, reveal or make public any information in connection with the business of the Agent or these Terms and Conditions, all of which information is to be regarded by the Artist as of a strictly confidential nature.

6.6 The Artist shall take all reasonable steps to be available to work regularly on Assignments but acknowledges that the Agent cannot guarantee that such Assignments can be secured and has made no representations to this effect.

6.7 The Artist consents for the Agent to use any relevant photographs, images or other information relating to the Artist to secure Assignments or to promote the agency’s activities.

6.8 The Artist hereby acknowledges that nothing in these Terms and Conditions, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Agent and the Artist.

6.9 The Artist on being given the contract by the Agent, must complete the contract in full for the contracted fee otherwise the Artist will be liable for any losses incurred.

6.10 The Artist must give at least 7 working days notice to the agency to withdraw from an assignment, which has been booked by a client. The Artist shall be liable for any extra costs that have been incurred by the Agent, the client or other Artists as a result of failure to comply with condition 6. It is the Artist’s responsibility to be available for the duration of the assignment. If an Artist fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the Artist may be liable to pay for costs or losses incurred.

7. AGENT OBLIGATIONS

7.1 The Agent shall use all reasonable endeavours to secure suitable Assignments for the Artist.

7.2 The Agent shall provide the Representation with skill, care and in accordance with the recognised codes of practice and statutory obligations.

7.3 The Agent shall take all reasonable steps to ensure Clients and other workers involved in Assignments are professional and courteous but cannot be held responsible for the conduct of any third parties.

7.4 The Agent confirms that the only type of work it will find or seek to find the Artist will be an Assignment.

7.5 The Agent’s authority to act on the Artist’s behalf extends only to the Agent’s attempts to procure Assignments for the Artist and to represent the Artist in order to achieve the same, but the Agent has no authority to enter into Assignments with Clients on the Artist’s behalf without the Artist first having confirmed to the Agent his/her agreement to so enter (in which case the Artist has granted the Agent authority to enter into a contract with the Client on his/her behalf), and the Agent has no authority to enter into any other contracts with Clients or third parties on behalf of the Artist.

8. TERMINATION

8.1 The Agreement shall continue until the agency services have been provided in terms of the Offer of Representation or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

8.2 The Agent shall be entitled to terminate the Representation of the Artist for any reason at any point during the Term by giving 30 days notice in writing.

8.3 The Artist shall be entitled to terminate the Representation at any point by giving one month’s notice by email to info@djarchie.com save for the condition that the Artist shall be required to complete any Assignment agreed prior to notification of termination.

8.4 The Artist may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 52 weeks after notification of non-compliance is given.

9. WARRANTIES

Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.