Creation Worldwide Ltd
1) Creation Worldwide Ltd. may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Creation Worldwide Ltd. is acting for each booking will be made clear to all concerned parties prior to the completion of negotiations, and will be clearly shown in the documentation issued.
2) When acting as an Employment Agency
a) Creation Worldwide Ltd. acts as negotiator only and is not a party to the resulting contract. For this reason Creation Worldwide Ltd. cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, Creation Worldwide Ltd. will replace the act or engagement with one of similar price and quality.
b) Creation Worldwide Ltd. seeks to negotiate agreements for The Artiste in those branches of the entertainment field for which The Artiste is suited by reason of his talent and ability.
c) For the provision of this service Creation Worldwide Ltd. charges a fee equivalent to an agreed percentage of the contracted fee receivable by The Artiste, in accordance with our Commission Policy Statement. Creation Worldwide Ltd. will also collect any applicable tax (for example VAT), which is due under English Law. The charge may be made to either The Artiste or Promoter subject to the negotiated acceptance of the party in question.
d) The fee (commission) is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission in any circumstances.
e) Where charged to The Artiste, the fee (commission) will still be due if The Artiste fails to appear, said non-appearance being as a result of any action or inaction of The Artiste.
f) Where charged to The Promoter, the fee (commission) is normally payable in advance and is always non-refundable.
g) Cancellation of any contract negotiated through Creation Worldwide Ltd. is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, Creation Worldwide Ltd. reserves a right to levy a charge of up to 15% of the agreed fee against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be made payable by either party under the terms of the said contract.
h) Creation Worldwide Ltd. normally acts as a negotiator only and as such may not enter into agreements on behalf of third parties. If at any time Creation Worldwide Ltd. is authorized to enter into agreements on behalf of The Artiste or The Client for any individual booking, such authority will be made known to both parties during the negotiation.
i) Creation Worldwide Ltd. may receive fees due to The Artiste (for example in the event of a no pickup booking or of arising at a dispute resolution) but must account to The Artiste for any such payment that it receives.
j) Agreements are made separately for each booking, and there is no requirement for any Artiste to accept any booking offered. The Artiste can therefore end the relationship by simply not accepting any further bookings and The Agent can end the relationship by not offering any such bookings.
k) If any Artiste pays commission to Creation Worldwide Ltd. for work undertaken. Creation will accept payment as acceptance of its terms and conditions entire.
l) Any Artiste will pay Commission on any Fee paid or payable to the Artiste for any renewals and/or extensions of any Engagements made on your behalf and on any re-engagement made with the hirer or any new company at any venue originally introduced, negotiated and/or secured by Creation Worldwide Ltd. where such re-engagement is agreed within a twelve month period of the end of the original Engagement
m) If any Artiste seeking employment under a normal non-exclusive agency representation agreement (i.e. who has not signed under a management or sole representation contract) should wish to cease being represented by Creation Worldwide Ltd. and have their name and details removed from any promotional materials issued by the agency, they can give a minimum of thirty days notice in writing. From that point no further promotional materials featuring The Artiste will be created, but it must be understood that it is not possible to remove information from hard copy products already published.
n) The Artiste will be required to honour any and all contracts negotiated and accepted prior to the expiry of such written notice. The Artiste must undertake to ensure that any ongoing commission or other financial remuneration due is paid to Creation Worldwide Ltd. promptly and in accordance with these Terms of Business.
o) Any defamatory information (no matter how minor) regarding Creation Worldwide Ltd. or any client of Creation Worldwide Ltd. is strictly forbidden (including postings on Social Networking Websites). Any artiste found to be displaying information or personal comments about Creation Worldwide Ltd. or any client of Creation Worldwide Ltd will be in breach of contract which may result in the current or future engagement(s) being terminated.
3) When acting as an Employment Business
a) Creation Worldwide Ltd is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement including the obligation to pay the contracted fee to The Artiste when it is due regardless of whether Creation Worldwide Ltd has been paid by the customer.
b) The fee payable to The Artiste will be that fee agreed by him or her and duly indicated in the contract.
c) No fee other than the contracted fee is made
d) The Artiste will be employed under a contract for services
e) Any contract entered into between Creation Worldwide Ltd and The Artiste will be for an agreed period (normally one performance) and will not provide for cancellation by either party
f) Since The Artiste will either be self-employed or an incorporated body there is no entitlement to holiday pay or any payment in lieu thereof
4) Commission and monies owed to Creation Worldwide Ltd shall be remitted within 7 (seven) days from the invoice date or as otherwise stated in the written confirmation. This agency reserves the right to deduct monies owed to this agency by any individual Artiste from any monies due to that Artiste, and forward any balance.
5) In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the signing of a written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records.
6) The display and/or presentation of any artiste’s address and/or telephone number at an engagement negotiated through this agency shall be regarded as a breach of contract, and may render the Artiste liable to pay severe damages in respect of that breach.
7) Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect. The document "Commission Policy" forms part of these terms, and must be read and construed as such. All contracts to which these conditions apply shall be construed with English Law.
8) No servant or agent of this agency has the power to vary these terms and conditions.
9) Whenever the context so admits, words importing the masculine shall include the feminine and the singular number shall include the plural and vice versa as appropriate.
10) Any defamatory information (no matter how minor) regarding Creation Worldwide Ltd or any client of Creation Worldwide Ltd is strictly forbidden (including postings on Social Networking Websites). Any artiste found to be displaying information or personal comments about Creation Worldwide Ltd or any client of Creation Worldwide Ltd will be in breach of contract which may result in the current or future engagement(s) being terminated.
Creation Worldwide Ltd. Terms of Business (Commission Policy)
1. This agency normally charges its artistes a fee equivalent to a commission of 15 % + V.A.T.
2. On some cruise contracts or long term residencies this agency will charge a fee of 10% + V.A.T.
However, we reserve the right to vary this rate at any time either in specific cases or in general. This will only be done with the agreement of the Artiste.
3. This policy shall be in force for the entire length of the Artistes contract and produce its full effects for the longest of a period of one (1) calendar year from the end of the contract date, and one (1) calendar year following the actual termination of the Artiste employment and effective departure from any of the Client's Venues. In the event The Artiste is rehired or promoted within a period of one (1) calendar year of the end date of the original contract, by The Client or any of The Clients other companies or any work as a direct result of the existing engagement the terms of this agreement will be deemed to be in place and all commissions will remain due to The Agent at the same rate.
4. In cases where there is a split commission or cases where there is a higher than average level of expense in obtaining the booking, this agency may charge a higher level of commission. This will be done only with the prior agreement of the artistes.
5. This agency will invoice the artiste on completion of the booking or fortnightly/monthly in the case of long term residencies or cruise work.
6. This agency requires payment within 14 days sending the invoice.
The date of payment shall be:
i) In the case of payment by post, the date of the postmark on the envelope.
ii) In the case of payment in person, the date on which that amount is physically paid.
iii) In the case of emailed invoice by the date of the sent email
7. All accounts with overdue balances that exceed 30 days will be subject to interest at the rate of 8% per month compounded.
8. No responsibility can be accepted for cash posted through our letterbox. If it is stolen or for any other reason we do not receive it, you will have to pay again.
9. We therefore recommend that you pay either by cheque, direct bank transfer or by physically handing your cash to a member of staff or a person whose name you can take to ensure that such payments can be traced.
10. Payments to Artistes will usually be made by cheque drawn on our clients account.