Terms and Conditions of Business

Neil O’Brien Entertainment Ltd, Standard Terms and Conditions of Business

Hirer / Promoter / Venue

Background

On 17 December 2003, The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Regulations) were made.

The Regulations set out how agents within the music agency must act in relation to any hirer (which includes any promoter and/or venue) with whom they deal as well as to how they deal with Artists. You are a hirer (as defined in the Regulations).

The Terms of Business (Appendix 2) set out what we and you should do in order to comply with these Regulations. They also set out basic terms in relation to personal data which we or you are may be required to process. All definitions and Additional Terms are set out in Appendix 1.

Agreement

By signing this, you confirm your agreement to the Terms of Business (and Appendix 1).

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.

Appendix 1, Definitions

Artist

Any artist with whom you contract or wish to contract in relation to (a series of) Engagements.

Engagements

Any arrangement(s), engagement or series of engagements that you will provide for the Artist.

Fees

Any fees to be paid by you to the artist (or to us or any third party on the artist’s behalf) including but not limited to any expenses, advances, deposits, guarantees and overages and including any VAT or other sales payable on such amounts.

Guidelines

Guidelines on the Conduct of Employment Agencies and Employment Business Regulations 2003 the latest version of which was produced by the Employment Agency Standards Inspectorate in 2020 and is available at Employment Agency Standards Inspectorate: a brief guide for agencies (publishing.service.gov.uk).

Regulations

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 a copy of which is available to be read online at The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (legislation.gov.uk).

Terms of Business

The standard Terms of Business out in Appendix 2.

we/us

Neil O’Brien Entertainment Limited, registered office (303, The Pill Box, 115 Coventry Rd, London E2 6GH)

VAT: 911 881 818

Contact info@neilobrienentertainment.com

Phone 020 7631 5168

you

Hirer/Promoter/Venue

Appendix 2, Standard Terms of Business

Services

1A. We have been appointed as the agent for the Artist.

1B. We act on the Artist’s behalf as an employment agency not as an employment business.

1C. We will negotiate and agree with you the terms on which the Artist will perform any Engagement(s) and draw up the agreement between you and the Artist. We are not authorised to sign any agreement with you on the Artist’s behalf.

Deposits

2A. Unless otherwise agreed:

any deposit payable to the Artist for any Engagement(s) will be held by us in our client account; and
deposits will only be payable to the Artist on the day following completion of the Engagement to which the deposit related.

Information & Data Protection

3A. You will provide us with:

(a)such information as we require to confirm your identity and the identity of your business (which may include in the case of a sole trader or partnership providing copies of your passport(s) or in the case of a company provide a copy of the certificate of incorporation or equivalent document);

(b)the nature or name of the Artist that you wish to engage;

(c)details and dates of any Engagements for which you wish to engage an Artist together with the location of the Engagement and the duration of the Engagement;

(d)details of any risks to the health and/or safety of the Artist undertaking the Engagement known to you and the steps you have taken to prevent or control such risks (including a copy of the risk assessment of the venue/site, equipment and working conditions);

(e)any qualifications and requirements (if any) with which the Artist must comply (including the membership of any union or professional body);

(f)details of the Fees (and any expenses) you are prepared to pay the Artist and the payment schedule;

(g)details of any right for both you and the Artist to cancel or withdraw from any Engagement; and

(h)any other information that you consider would be relevant to the Artist agreeing to undertake any engagement.

3B. We are obliged to provide the information you provide to us under paragraph 3.1 to any potential Artist.

3C. Based on the information that you provide to us under paragraph 3.1, we will provide you with such information we are required to provide to you under the Regulations or such other information you and we agree are required for the Engagement.

3D. You shall use the information referred to in paragraph 3.3 solely in order to carry out obligations that you have under the Regulations.

3E. You and we each agree that, for the purposes of the UK General Data Protection Regulation, as defined in the Data Protection Act 2018 (“UK GDPR”), you and we are each independent controllers of the information that we provide under paragraph 3.3 (and you are an independent controller of any other personal data that you process in connection with a potential Engagement. You and we shall each be independently responsible for complying with the obligations of controllers set out in the UK GDPR and any other applicable data protection legislation (“Data Protection Legislation”).

3F. You and we shall each (at no charge to the other):

(a) promptly provide the other party any information and assistance the other party reasonably requires to ensure that you and we comply with the Data Protection Legislation (including with respect to any data subject request or complaint and/or any investigation or enquiry made by a supervisory authority);

(b) execute such additional terms as are reasonably required to ensure compliance with the Data Protection Legislation; and

3G. Where you are located in, or will process the information in, a country that does not provide a level of protection to personal data that is equivalent to the protection afforded by the UK GDPR, you and we will each enter into the UK Addendum to the European Commission Standard Contractual Clauses issued by the ICO under or pursuant to section 119A(1) of the UK’s Data Protection Act 2018 (as may be amended by the ICO from time to time pursuant to its terms) (“UK Addendum”) to ensure that the information is protected to the standard required by the UK GDPR.

3H. Where, in accordance with the provisions Article 82(3) of the UK GDPR, you and we are responsible for the act, or omission to act, resulting in the payment of losses by a party or both parties, then a party shall only be liable for that part of such losses which is in proportion to its respective responsibility.

Travel

4A. You are aware that, by the nature of the Engagement, the Artist may be required to travel and live away from home for a period of time. If you agree to provide the Artist with travel and/or accommodation, you will provide us with such information (or other comfort) in relation to those arrangements as we reasonably require.

General

5A. Any Additional Terms referred to in Appendix 1 shall form part of these Terms of Business.

5B. Both we and you will be entitled to send any notices or other information we are required to give to the other by email or post to the addresses and/or numbers set out in Appendix 1.

5C. Nothing in these Terms of Business shall be enforceable by a third party solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms of Business other than the Artist.

5D. These Terms of Business shall be governed by English law.