These terms and conditions govern your use of SASHAZE Talent Agency and the website www.sashaze.com. Please read through the Terms & Conditions carefully. All actors on this site or in the case of the children, they and their parents have given written permission for the use of their images and details. Downloading of photographs and other materials relating to individual actors is strictly forbidden without permission from SASHAZE Talent Agency. If any actor no longer wishes to appear on the site please contact SASHAZE Talent Agency by writing to email@example.com. If you do use the Website, your conduct indicates that you agree to be bound by the Terms and Conditions of the agency and also you do not object to any content or information contained within this website.
1. Conditions of your use of this website except as stated below – The contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of the Partners of SASHAZE in writing. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may print or download to disk or any other recordable the contents of an individual page of this Website for the purpose of private and personal non-commercial use, but not for any legal activities or pursuant of legal action or incrimination against SASHAZE Talent Agency. You may also permit your computer to make an electronically stored, transient copy of the content in this Website for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
2. Other advertisements this Website contains, such as material submitted and created by third parties – SASHAZE Talent Agency is excluded from all liability for any illegality arising from any error, omission or inaccuracy in such material. This Website also contains links to other websites, which are not under the control of and are not maintained by SASHAZE Talent Agency. SASHAZE Talent Agency is not responsible for the content of those sites. SASHAZE Talent Agency provides these links for your convenience only, but does not necessarily endorse the material on these sites.
3. Data Protection and Privacy – Any details that you provide to us from which we can identify, you are held and processed in accordance with Data Protection legislation.
4. Exclusion of SASHAZE Talent Agency of any liability for information or material contained in this Website – You also acknowledge the material within this website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. SASHAZE Talent Agency does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website or the reliability of the access to this Website. In no event do we accept liability of any description, including liability for negligence, personal injury or death, for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this Website. SASHAZE Talent Agency makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program. The pages contained in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
5. General Notes – Here are some other general terms & conditions for SASHAZE Talent Agency. SASHAZE Talent Agency endeavours to maintain the service as being free from defects but is not responsible or liable for any consequential loss or damage (whether for loss of profit or otherwise) for any errors or omissions within the service. SASHAZE Talent Agency retains the right to make changes to content without prior notice. SASHAZE Talent Agency's application, which comprises of the indexing engines, the robot, the resulting indexes, the search engine and all ancillary components are the property of SASHAZE Talent Agency. The results from any www.sashaze.com search should not be reformatted and displayed on any other site without the specific permission of SASHAZE Talent Agency. www.sashaze.com can only be used as a link to this www.sashaze.com and as such should be implemented in the form described under the heading linking to www.sashaze.com. SASHAZE Talent Agency has no control and can provide no guarantee as to the accuracy or quality of the information of sites linked to. As such, SASHAZE Talent Agency in no way endorses the information contained therein, or acts as an agent for the operators of the sites, or bears responsibility or liability for the use or effect of the content of those sites, or bears any liability for purchases of goods or services from those sites. SASHAZE Talent Agency expressly prohibits the dissemination of this information by any person or organisation accessing this site to any third party (for profit or otherwise) or any other commercial exploitation by any such user. Use of this material is at the sole risk of the user and neither SASHAZE Talent Agency nor its information providers gives any warranty that the supply of information is uninterrupted or accurate. All trademarks referred to on this site are acknowledged as the property of their respective owners, if we are knowingly aware and we have acknowledged this in writing to the owner of the trademark. Any inadvertent errors by SASHAZE Talent Agency or content that is considered offensive will be corrected promptly upon discovery or removed but no time span can be imposed on SASHAZE Talent Agency, even though we at SASHAZE Talent Agency will consider this a moral obligation.
AGENCY AGREEMENT (Terms and Conditions of representation)
On this day an agreement has been made between The Artist and SASHAZE Talent Agency. This is a letter to confirm that you have appointed us to represent you as your sole and exclusive agents and to set out the terms upon which we will supply those services. This Agreement now incorporates legislation relating to The Conduct of Employment Agencies and Employment Business Regulations 2003 and The Conduct of Employment Agencies and Employment Business Regulations (Northern Ireland) 2005. This Agreement also incorporates our terms of business with your authority to act on behalf in certain respects. It is therefore understood and agreed that: You acknowledge SASHAZE Talent Agency as your duly authorized agent seeking work on your behalf, acknowledging clause 1.1 of the terms of business set out below at a maximum commission rate of 15%. I understand that at the Agency’s sole discretion, it may charge a lower rate of commission. (See note at end regarding negotiable reduced rates)
1. Scope of Agency
1.1 We will advise on and handle the negotiation of any contracts concerning your work as an artist and performer in the entertainment industry generally, including (but not limited to), live theatre, concerts and other live performance and appearance, television and radio broadcasting, cinema and video, voice over and audio recording, new media and all derivative and related fields of activity, such as literary work and merchandising and commercial tie up rights and advertising.
1.2 Our responsibilities will include introducing you to employment opportunities, and this effort will be undertaken in concert with you so that you are aware in general terms of our activities on your behalf. Engagements may find their way to you directly, and in those cases, after first contact has been made, you will refer the party in question to us to negotiate an appropriate contract for you.
1.3 During the term of our appointment as your agents, we shall have the exclusive right to negotiate the matters referred to in 1.1 and 1.2 above. This means that you will not be entitled to negotiate these yourself, or to engage anyone else to do so for you.
1.4 We will obviously expect you to work with us in a productive and positive manner so as to optimize the chances of successful negotiation, and we will report to you fully on concluding contracts.
1.5 Where we consider it applicable, perhaps due to the complexity of a proposed contract or the surrounding circumstances, we may recommend that you take professional advice, such as from a solicitor, and we will be happy to advise as to the choice of such a professional adviser. If we do recommend the appointment of a professional adviser, we will be happy to brief him or her on your behalf and generally to liaise and act in support of his or her actions to a reasonable degree, so as to minimize the cost to you. However, the appointment of any such professional adviser will be on the basis that you are his client and not us, and you undertake to require him to issue to you an appointment letter confirming this fact, a copy of which is to be sent to us to be placed on your file. In the event that we do recommend the appointment of any such professional adviser, the provisions of paragraph 4.1 (as well as 4.2 and 4.3) below will apply.
1.6 Although this is an agreement fundamentally in respect of your representation as a performing artist, we will also act on your behalf when specifically so requested in any contract concerning your work (such as literary, dramatic or musical material) as a creative artist, including commissioning, licensing and/or other exploitation of the rights in such work.
1.7 You have confirmed to us that you have terminated the appointment of your previous agent, if applicable.
1.8 You hereby authorize us to sign contracts on your behalf where it is not practical for you to sign personally. Any such contracts may be signed on your behalf, only after we have discussed the terms and conditions of such contracts with you.
2. Commission and Payment
2.1 We shall be entitled to commission on all your gross earnings which arise from employments, engagements and agreements negotiated by us during the term of this agreement, including any and all extensions, renewals and substitution of the same whenever occurring. The commission rate is charged solely in consideration of our negotiating the contracts although we will also provide a range of other services described below. Any exceptions to this basic commission rate will be discussed with you for your approval before any enhanced charge is applied.
2.2 Our commission is inclusive of general office costs in connection with our work on your behalf, but does not cover costs specific only to your representation as opposed to that of other clients. This might include, for example, large scale copying or in certain instances travel and subsistence costs. Whilst we may not usually seek reimbursement of such costs, we reserve the right to do so, but no such costs will be charged to you without prior notification and discussion as to the likely amount and no profit will be accrued by us.
2.3 We will follow the customary practice of inserting a clause in your contracts providing for your earnings, whether fees, royalties or otherwise, to be remitted to us for onward payment to you. Should payment be sent or made directly to you, you should pay the commission owed to the Agency within 7 working days. Should this not happen, then you authorize us to deduct such amounts from any future monies received.
2.4 We will pay all earnings that we receive on your behalf into a separate general client account and such earnings will be held on trust for you as trust monies. This trust, which we hereby formally declare in your favour, will impress all monies received by us for you.
2.5 The Agency’s commission and any outstanding commission due to us will be deducted from whatever monies have been received by us on your behalf in respect of the supply of your professional services. You hereby authorize the Agency to receive such monies on your behalf. The Agency shall make payment to you (after any duly authorized deductions) no later than 10 days after the crediting of such monies to the Agency’s Client account. Crediting in this context shall mean cleared funds.
2.6 Commission is non refundable.
3. Termination of the Agreement
3.1 It is understood hat either party shall have the right at any time, by giving notice in writing to the other party, to terminate this Agreement. Such termination shall be deemed to have taken place thirty days after the posting by recorded delivery of a letter to terminate the Agreement. We will liaise with you to ensure a satisfactory transfer to your new agent. At that point you may decide either that your new agent is to take over all your affairs, including the servicing of contracts negotiated by us, or you may prefer to leave those contracts with us. We will always be happy to continue to service those contracts and would hope that it would generally be in your interests to follow the latter course of action.
3.2 As regards the payment of continuing commission to us, and its possible appointment with a new agent following termination of your appointment hereunder, the Notes shall apply and you agree to instruct your new agent to operate in accordance with the notes.
3.3 As regards circumstances not covered by the Notes, you have expressly agreed that whether we continue to service the contracts we have negotiated for you (which we will be happy to do, if you so wish) or you transfer all your work to your new agent, we shall in any event remain entitled in perpetuity to our full commission on your earnings pursuant to all contracts negotiated by us and extensions of the same and any outstanding advances loaned from the Agent to the Artist or outstanding commission if for any reason such commission is paid to you or your new agent rather than to us direct. We also retain the right to claim commission on any engagement for which the Artist has been submitted to the Agency during the period of representation regardless of when the artist supplied their professional services. This includes offers arising from submissions made by us up until the time you notify us of the termination of this contract, at this point we will furnish you and your new agency with a copy of such submissions.
3.4 Subject also to paragraph 3.2 in the event that your compensation under the contracts negotiated by us or for work secured for you by us, is renegotiated by your new agent, then the new agent will be entitled to all commission due on the balance between the original and the renegotiated fee.
3.5 We would not want to hold you to an arrangement if you are unhappy, but it may be that there has been a misunderstanding and we would very much prefer you to discuss any problems, particularly if you are considering termination.
4. Miscellaneous and Exclusions
4.1 Where we recommend the appointment of a professional adviser upon any issue, such as a solicitor, we shall not have responsibility for those issues thereafter, whether or not such professional adviser is in fact appointed by you. For this purpose, our recommendation must be made to you in writing.
4.2 Without prejudice to 4.1 we are not providing you with the services of a solicitor or an accountant and we shall have no responsibility to you for general legal, accountancy or taxation matters.
4.3 We shall not in any circumstances have any responsibility for the fees or disbursements of any professional adviser appointed by you, including where we liaise closely with them on your behalf, all of which such fees will be entirely for your account and at your cost. Will you please countersign the endorsement on the copy of this letter and return it to us evidencing that we have a binding agreement which will be governed by English law and the jurisdiction of the English or Northern Irish Courts For and on behalf of SASHAZE Talent Agency I confirm that I have read and understood the above letter agreement and am signing this endorsement to confirm that I am bound by it.
ADDITIONAL NOTES – These following notes relate to representation of artist henceforward referred to as the artist and SASHAZE Talent Agency (hereafter referred to as ‘the Agency’). The appointment of the Agency by the Artist shall come into effect immediately, and shall continue for a period of 12 calendar months from the date of this Agreement. If either party wishes to terminate this Agreement thirty days written notice will be required during which time the Agency will continue to act as the sole Agency for the Artist. The Agency is obliged to obtain the Artist’s express consent before entering into any binding commitment on behalf of the Artist. The Agency will endeavour to promote and advance the career and interests of the Artist. ?The Agency will negotiate all fees for all engagements and employment of the Artist whether or not the Agency was instrumental in obtaining the engagement, employment or contract.? The Artist gives their consent for the Agency to negotiate all terms of contracts on behalf of the Artist, provided that the Artist signs all such contracts personally, unless the Agency is instructed by the Artist to sign on his behalf. ?The Agency will endeavour to ensure that all monies are collected which are due to the Artist in respect of employment or contracts to which this Agreement applies whether or not the Agency negotiated the terms of employment or the provisions of the contract.? If the Artist is registered for VAT and has notified the Agency of that registration the artist will be responsible for his or her own VAT. Normally within 10 working days of receipt of any monies due to the Artist, the Agency shall pay such monies to the Artist without any deductions other than the commission due to the Agency, The Artist agrees not to engage any other agent in connection to work without the express written authorization of the Agency or until the termination of this contract. The Artist will refer all enquiries and approaches of work to the Agency. The Artist will use their best endeavours to keep the Agency informed at all times as to -The Artist’s current address, telephone / mobile / pager number and e-mail address - When the Artist is not contactable by phone - When the Artist will not be available to undertake appointments or engagements, unless the reason is due to an appointment or engagement which the Agency has already arranged. The Artist will also use their best endeavours to be in every new edition of Spotlight to own or have access to a fax machine and / or e-mail address and to keep the Agency furnished with a supply of photos as requested. The Artist is obliged to carry out to the best of their ability all contracts and engagements and the duties of all employments to which this Agreement applies. The Agency shall be entitled to commission from all work to which this Agreement applies, provided that: - Commission shall not be payable until payment is actually received by the Artist or the Agency - Commission shall not be payable in respect of sums paid as reimbursements of the expenses incurred by the Artist in connection with the work. – Commission is payable in respect of earnings, residuals and royalties from work for which the Artist entered into a contract negotiated by the Agency, even if the work was actually done following the termination of this contract. – Commission can vary at the Agency's sole discretion to reflect the realities of work in Northern Ireland and that some rates are below (and not all negotiable above) Equity recommended rates. In theatre at scale or below a rate is negotiable between 5% and 10% of basic wages not including subsistence. Most agreements between artist and agent (to be fixed immediately after contracts have been negotiated by the Agency for the job) reflect a percentage of between 7% and 8%. A weekly wage of £400 or more is needed before 10% is commonly agreed. – In film radio and television work if the artist is engaged on a favoured nations basis or at Equity scale rates then a commission rate of 10% shall be negotiable with the Agency by the artist. In film, television and radio work where a rate above scale is negotiated a commission of 12.5% shall be negotiable by the artist, so long as the improvement above scale means that the additional 2.5% commission does not reduce earnings net of commission to below 90% of scale. In commercials the full rate of 15% shall normally apply. – In the case of children below the age of 16 the basic rate of commission is 20% which shall apply to all contracts negotiated at a rate half or less than half the scale or Equity rate for adults. Chaperone payments negotiated by the Agency incur a 10% commission rate. For Supporting Artists, Extras and Walk-ons where the daily or part-daily rate falls to £50 or below a minimum commission charge of £5 will apply and for rates between £55 and £100 a minimum commission charge of £10 is payable. – For walk-ons where the rate rises to just above £100 before National Insurance and Agency charges, commission charges at the 12.5% rate shall only apply if they do not reduce the net earnings to below £90 net of Agency commission but gross of National Insurance charges. – All commission charges are based on gross contracts or gross quotes at the time of negotiation and contract settlement. National Insurance or any other deductions at source by company employing can change the net amount banked by the agency and so a copy of remittance notification to agency as well as a copy of remittance advice from agency to client is available as a matter of course and upon request if specifically asked for.
The Artist agrees that all earnings should be paid directly to the agency. The Artist shall attend all confirmed appointments secured by the Agency except in the following circumstances Family or Personal bereavement / illness Conflict of other professional commitments Notified Holidays Jury Service. The Artist and the Agency warrant to each other that they are free to enter into this agreement and that it does not infringe any other agreement by which either of them is bound. Any statement or undertaking by either party, which is not contained in this agreement, shall not be binding.
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