• Terms of Business

Terms of Business

‘Non-Exclusive’ Artist Representation Agreement (Terms of Business) for artists and artist managers.

We are required by law to inform you of our business terms. These terms apply to artists and management organisations that manage artists represented by FUNKGURUS. As such, to minimize misunderstandings in our working relationship, we respectfully urge that managers make sure their artists are aware of FUNKGURUS conditions of business.

PLEASE NOTE: If we introduce and/or negotiate Engagements for you and you accept them, these terms (in addition to any additional contract terms applicable to such Engagement) shall govern our trading relationship.

1. You undertake to provide the personal details requested by us to enable us, with your agreement, to introduce, negotiate and secure Engagements for you on a non-exclusive basis.
2. Once we have introduced you to a client/booker for a specific Engagement, we will advise you of the basic details of the Engagement where possible. As such, by accepting these Terms of Business, you accept that during our appointment as your agent under these terms of business only:-
a. You will not instruct other agents, managers, or representatives to further represent or propose you to a client/booker for the same Engagement.
b. You will not seek to secure the Engagement directly with the client/booker.
c. You agree to inform FUNKGURUS if a client/booker contacts you directly to discuss an Engagement that you know FUNKGURUS has previously proposed you for and to refer the client/booker to us for follow up on your behalf.
3. We add a % commission to the net fees agreed with you for each individual Engagement you agree to perform at and this will be shown on the Engagement contract. The commission % will vary depending on the nature of the Engagement and the amount of work involved. This also applies in circumstances where you introduce FUNKGURUS to a client/booker in order to progress an Engagement sourced and/or secured by you.
4. These terms of business together with any specific terms we agree in relation to each such Engagement will be the terms upon which you supply your services to us. The specific terms we agree on for each Engagement will, in these terms of business, be called Terms.
5. When the Terms have been negotiated and accepted by you, the client/booker and us in writing, you will be under an obligation to perform at that Engagement in accordance with the Terms and to provide your services to the hirer. We will provide you with written confirmation of the Terms for each Engagement you have agreed to undertake in the form of a FUNKGURUS Contractual Agreement of Engagement. Occasionally and only if agreed by you and us, we may accept and use a contract provided by the hirer.
6. By accepting these Terms of Business, you undertake to only perform for a FUNKGURUS client/booker in the future, through our representation, if you have never appeared at that client/venues booker's or events previous to our securing the Engagement. This applies only during our appointment as your agent. This protects our rights to a commission on re-engagements and also applies in circumstances where you introduce FUNKGURUS to a client/booker in order to progress an Engagement sourced and/or secured by you.
7. These terms represent an agreement for services and not a contract of service (i.e. they are not part of an employment contract) and are not intended to form the basis of an employer/employee relationship between you and us. Accordingly, you are not entitled to any holiday or holiday pay in relation to the provision of your services or your undertaking of any Engagement.
8. Once you have approved your professional artist profile on our website, you consent to us displaying the profile and to the marketing of your profile through other channels such as newsletters and online advertising.
9. You consent to us processing both the personal information you provide us with and the information we obtain during our appointment. We will be required (and you agree that we may) to provide some or all of the personal information that you provide to us to each potential hirer. Aside from this, we will keep the personal information you provide us on file and will use it only as necessary to secure work for you. We will not otherwise divulge such information to third parties without your express consent except where we are required to make any such disclosure to your professional body, required to make any such disclosure by law or as otherwise set out in these terms of business. (Please ask to see our GDPR consent details)
10. It is your responsibility to ensure that your equipment (where applicable) is maintained in a safe condition, particularly electrical equipment. Testing certificates may be requested for certain Engagements.
11. Our appointment under these terms of business is non-exclusive and you will be entitled to appoint other agents on your behalf. We do not give you any guarantees as to the level of work or number of Engagements that we will introduce to you. You can terminate our appointment by giving us no less than 30 days’ notice in writing of your intention to do so. We can terminate our appointment by giving you no less than 30 days’ notice of our intention to stop acting for you. You will not be entitled to terminate these terms of business (or the relevant Terms) in relation to any Engagement for which you have agreed to provide your services.
12. If any provision of this agreement should be held invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.
13. This agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Court.

© 2022 FUNKGURUS. This material is property to FUNKGURUS. This material is presented for the purpose of evaluating services and may not be disclosed in any manner to anyone unless authorized in writing by FUNKGURUS.

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