Terms of Business (Client/Hirer)
Terms of Business (Client/Hirer)
The following Terms of Business are in compliance with the regulations governing the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Champions (UK) Plc are hereby notifying trading partners of our Terms of Business. This supersedes any previous versions issued by Champions (UK) Plc regarding our trading policy.
- Payment terms:
All fees are payable according to payment terms agreed within each individual contract/agreement. Champions (UK) Plc agrees to pay the Artist(s) within the contractual payment terms irrespective of receipt of fee from the Client/Hirer Under regulation 12a of the Conduct of Employment Agencies and Employment Businesses Regulation 2003. However, if payment terms are not kept then Champions (UK) Plc, retain the right to withdraw the Artist(s) without any redress from the Client/Hirer.
- Cancellation terms:
In the event of a cancellation by the Hirer then a Notice of Cancellation should be issued in writing by facsimile transmission, electronic email (with read receipt acceptance) or by recorded delivery post. Any cancellation will only take effect on the day we receive written instructions.
If any booking is cancelled after the Artist(s) has confirmed acceptance of the engagement, the Client/Hirer will be liable to pay Champions (UK) Plc a charge to compensate for any reasonable and necessary losses and expenses that have been incurred asa result of such cancellation, the following rates will apply and payment will be required within thirty (30) days following submission of an invoice detailing such losses and expenses.
More than 90 days cancellation notice prior to engagement date -55% of the total booking fee (plus VAT at the standard UK rate if applicable) 31-90 days -75%, 1-30 days -100%.
- Non-Availability of the Artist
We enter into a contract with the Artist in good faith, but should the artist be unable to fulfil the engagement for reasons of illness or any other reasons beyond our control you can either: a) accept an offer of a replacement artist suggested by us (which may be subject to a variation in the booking fee) or b) request us to refund all payments that you have made to us. Subject to Clause 14, we shall have no further liability to you.
It is further agreed that if the Artist has an offer of or an existing contract relating to a TV, radio, film, theatre or other engagement, they will be unconditionally released from this contract and not held responsible for any advertising costs. You will be informed of any commitments as soon as they are known.
- Alternative Artist
In the event that you accept an offer of a replacement artist by us, you must confirm this to us in writing. Any booking consequently made will be on these Terms and Conditions.
- Choice of Artist
- You agree that you have selected the Artist or (in the circumstances set out in Clauses 3 and 4 above) any replacement artist.
- If you wish an Artist to perform to a particular brief, and the Artist agrees, you are advised to provide notes and guidance for the Artist. If you do not do this, the Artist will deliver the performance as he or she thinks suitable and you will have no complaint in respect of the Artist’s performance.
- You warrant that any notes or guidance supplied to the Artist is clear and intelligible and not subject to any copyright or other intellectual property restriction. You further agree to indemnify Champions (UK) plc or the Artist against any claim whether for damages, costs or otherwise which may be caused as a result of any such material.
- We cannot accept responsibility for any deviation by the Artist from any material that you supply.
- We cannot accept responsibility if the Artist does not carry out the performance in a satisfactory manner.
- Travel expenses:
Subject to there being reasonable and/or necessary travel and technical expenses, such expenses will need to be covered in addition to the fee unless otherwise agreed by all parties and confirmed in writing. Such expenses shall be agreed and documented within the contract and consequently invoiced to the Hirer, to be paid within thirty (30) days.
An agreement of any booking will take effect when the Artist(s) confirms acceptance of the engagement as detailed. A full contract will then be issued by Champions (UK) Plc. PLEASE NOTE: Terms and Conditions of each contract may differ depending on each individual booking and requirements of both the Artist(s) and Client / Hirer.
- Employment Business:
Champions (UK) Plc agrees that all bookings and engagements are in compliance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and is therefore acting as an Employment Business to provide temporary worker(s) for specific events. Champions (UK) Plc is a member of the Agents’ Association (GB) and operates within its rules and code of practice.
In the unlikely event of any complaint regarding any of the services provided by Champions (UK) Plc or the Artist(s), then written notification specifying the details must be received within 48 hours of the engagement date. Champions (UK) Plc, will use its best endeavours to re-negotiate any terms or supply alternative Artist(s) where appropriate. If a suitable agreement cannot be resolved, then either party may appoint an independent mediator to re-negotiate any terms or details of any existing agreements between all parties.
All copyright and other intellectual property rights relating to any performance and any material or documentation used by the Artist(s) during a performance remain the ownership of the Artist(s). Any information received by or from Champions (UK) Plc with details about the event and/or Artist(s) is strictly confidential and may only be used for a particular performance. Under the Data Protection Act, Champions (UK) Plc is not allowed to disclose any personal information regarding the Artist(s) unless that Artist(s) has given specific permission. By accepting these Terms of Business, you accept that Champions (UK) Plc may hold information on your behalf about specific events and/or Artist(s) and/or their personal details.
All negotiations between us and any information supplied are considered to be confidential and shall not be disclosed to any third party.
Champions (UK) Plc cannot be held responsible for any problems, liabilities or losses incurred as a result of you using any information or any details or graphic images contained within or by your interaction with our website. When using our website, you agree to abide by all applicable copyright regulations.
- Changes to the Terms of Business:
No alterations can be made to these Terms of Business unless specifically agreed by Champions (UK) plc and confirmed in writing within 7 days of any such changes being applied.
- Limitations of Liability
- Our liability to you for the non-performance or improper performance of any obligations we may have is limited to the amount you have paid Champions (UK) plc for the booking.
- We do not accept liability for any claim (other than claims for personal injury arising from the non-performance or improper performance of any obligations) in Contract, tort (including negligence) or otherwise for consequential, economic or indirect loss or damages.
You are requested to confirm acceptance of our Terms of Business by signing and returning by post or electronic format, however, please note that if we negotiate and you accept any engagements from Champions (UK) Plc, then these are the Terms of Business which will apply to our trading together irrespective of your signature.
- Governing Law:
The parties agree that any agreement and any contracts issued by Champions (UK) Plc, shall in every respect be submitted to the exclusive jurisdiction of the English courts and that English Law shall apply in the event of any dispute arising from such agreements.