Terms & Conditions
- These Terms and Conditions of Business shall govern all assignments relating to Entertainment entered into by MIKE SULLIVAN (ENTERTAINMENTS LTD) (hereinafter called “The Employment Agency”) and a hirer (hereinafter called the “engager”) who hires an Act of the Employment Agency (hereinafter called the “THE ARTISTE/SUPPLIER”) who shall be any person or group introduced by the Employment Agency to the Client for the purpose of performing under the terms of the contract arrangement.
- The hire or use of “THE ARTISTE/SUPPLIER” shall be deemed to constitute acceptance of these Terms and Conditions of Business.
- The Client agrees to pay to the Employment Agency or directly to “THE ARTISTE/SUPPLIER” the agreed fee contracted by the Employment Agency as notified at the time of the booking of “THE ARTISTE/SUPPLIER” for the performance to be carried out by “THE ARTISTE” under the contractual agreement made for and on behalf of the “ARTISTE/SUPPLIER” and Engager. Special Clauses made under the Agreement between “THE ARTISTE/SUPPLIER” and Engager will be subject to negotiated terms made for and on behalf of “THE ARTISTE/SUPPLIER” and Engager by the Employment Agency and will be set out in the Contractual Agreement.
- The Employment Agency’s charges invoiced to the Engager are payable to MSE Ltd Client Acc., 22 Durham Gardens, Waterlooville, Hampshire, PO7 7BB or payable by BACS to Lloyd’s TSB not later than 28 days maximum from the date of the Employment Agency’s invoice. The Employment Agency reserves the right to charge interest on any invoices unpaid after such date at a rate equal to 4% above the Lloyd’s TSB base lending rate from time to time.
- The Employment Agency is not responsible for payment of remuneration, deduction and payment of all statutory contributions for Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE) in respect of “THE ARTISTE/SUPPLIER”.
- If any of the following Engagers or persons uses, engages or employs An “ARTISTE/SUPPLIER” within a period of 14 weeks of that “ARTISTE/SUPPLIER” being contracted by the Employment Agency in accordance with the Employment Agencies Act 1973, then the commission fee of the Employment Agency will be payable by the Engager as if the Engager was that said following person and that the said following “ARTISTE/SUPPLIER” had contracted with the Employment Agency on these Terms and Conditions of Business:-
- (a) The Engager or any servant or agent or employee of the Engager; or
- (b) Any associate or subsidiary of the Engager or any servant or employee of such associate or such subsidiary; or
- (c) Any other person to whom any of those referred to in clause 6(a) or 6(b) hereof introduced that “ARTISTE/SUPPLIER”. Without prejudice to the generality thereof, an introduction shall be deemed to have been effected if that “ARTISTE/SUPPLIER” carried out any work at the premises of, or for the benefit of any of the persons referred to in Clauses 6(a) (b) (c) hereof whether in the employment of those or not.
- If any of the following Engagers or persons uses, engages or employs An “ARTISTE” or any of the Clients or persons referred to in Clause 6 hereof uses, engages or employs An “ARTISTE/SUPPLIER” who being an Act supplied by the Employment Agency carries out or has carried out work as an “ARTISTE/SUPPLIER” for any of the Engager or persons mentioned in Clause 6 hereof, within a period of 14 weeks of that “ARTISTE” being registered with, used or employed by the Employment Agency in accordance with the Employment Agencies Act 1973, then the commission fee of the Employment Agency shall be payable as per the current scale of rates and charges for the introduction of “THE ARTISTE/SUPPLIER”, even if “THE ARTISTE/SUPPLIER” shall subsequently leave the employment of the Employment Agency and be contracted to the Engager through a Third Party. For the purpose of Clause 6 and 7 hereof an “ARTISTE/SUPPLIER” shall be deemed to have been used, engaged or employed by the Engager or persons mentioned in Clause 6 if “THE ARTISTE/SUPPLIER” carries out any engagement on behalf of the Engager or one of the aforesaid persons whether “ THE ARTISTE” does so under “THE ARTISTE’S/SUPPLIER’S” own name or uses a pseudonym or other legal entity which “THE ARTISTE/SUPPLIER” uses, and/or with which “THE ARTISTE/SUPPLIER” is connected.
- Whilst every effort is made by the Employment Agency to give satisfaction to the Engager by ensuring reasonable standards of skill, integrity and reliability from “THE ARTISTE/SUPPLIER” and further provide them in accordance with booking details, no liability shall be attached to the Employment Agency for:-
- (a) Any loss, expense or damage caused directly or indirectly by any failure to provide any particular “ARTISTE/SUPPLIER” for all or part of the period of the booking; or
- (b) Any loss, expense or damage caused directly or indirectly by any act or omission whether wilful or otherwise, or for negligence of any “ARTISTE/SUPPLIER” during the period of the assignment; or
- (c) Any loss, expense or damage caused directly or indirectly by any negligence or dishonesty or misconduct or lack of skill or any act of omission whether wilful or otherwise of an “ARTISTE/SUPPLIER”.
- The Engager undertakes to organise “THE ARTISTE/SUPPLIER” assigned to him sufficiently to ensure the Engager satisfaction withreasonable standards of workmanship.
- (a) “ARTISTE’S/SUPPLIER’S” are engaged by the Employment Agency under contracts for service and are deemed to be under the direction, supervision and control of the Engager from the time “THE ARTISTE/SUPPLIER” first reports at the venue of the Engager to take up duties and for the duration of the assignment and the Engager undertakes liability for any loss, expense or damage caused directly or indirectly by any act or omission or error of an “ARTISTE/SUPPLIER” whether wilful or negligent or otherwise, as if the “ARTISTE/SUPPLIER” was an employee of the Engager. The Engager will also comply in all respects with all the statutes including, for the avoidance of doubt, the Working Time Directive, by-laws, codes of practice and legal requirements to which the Engager is ordinarily subject in respect of the Engagers own staff. The Engager further undertakes to comply with all statutes, statutory regulations, by-laws, legal requirements or legal duties to which the Engager is or would be subject to in respect of his own employees, including in particular the provision of adequate Employer’s and Public Liability insurance cover for the “ARTISTE/SUPPLIER” during all assignments but excluding the matters referred to under Clause 5 hereof. The Engager shall also advise the Employment Agency of any special health and safety matters about which the Employment Business is required to inform the “ARTISTE/SUPPLIER”. The Engager will assist the Employment Business in complying with the Employment Agency’s duties under the Working Time Regulations by supplying any relevant information about the assignment requested by the Employment Agency and the Engager will not do anything to cause the Employment Agency to be in breach of its obligations under these regulations.
- (b) The Engager shall indemnify and keep indemnified the Employment Agency against any costs, claims or liabilities incurred by the Employment Agency arising out of any assignment and/or as a result of any breach of these Terms by the Engager.
- The Engager accepts full responsibility for the care and safekeeping of the ARTISTE/SUPPLIER and any equipment used during the Period of Hire.
- The Engager agrees to pay the ARTIST/SUPPLIER the full replacement cost of any equipment used on the date of the engagement (to include 90 minutes either side of hire period for setting-up and packing away of equipment) in the event that the equipment is lost, stolen or damaged beyond economic repair (and without deduction for usage, wear and tear and age).
- The Terms and Conditions of Business are effective from the 28th May 2001 and shall supercede all previous Terms and Conditions of Business, and in cases of conflict these Terms and Conditions of Business shall prevail.
- In the event of the Engager committing any breach of the agreement giving rise to a cause of action against it then that cause of action shall be deemed to have risen wholly within the district of Portsmouth County Court and/or the Portsmouth District Registry of the High Court of Justice whichever should be the appropriate court. Accordingly these courts shall have jurisdiction to deal with and determine any action commenced against the Engager and the Engager shall be deemed to have submitted itself to the jurisdiction of those courts.
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