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Terms and Conditions

These are the terms and conditions that relate to being included in the Escape Media Group's database.

ESCAPE MEDIA GROUP LIMITED - STANDARD TERMS AND CONDITIONS OF BUSINESS (ARTIST)

1. Services

1.1 On receipt by Escape Media Group Limited ("Escape") of this Agreement signed by you (the "Artist"), Escape will seek to negotiate and finalise the terms of appropriate bookings and engagements for and on behalf of the Artist in the sector(s) of the media and/or entertainment industry (or any related industry) for which the Artist is suited due to his/her particular experience and/or abilities. However, Escape does not guarantee successfully negotiating any such bookings or engagements for the Artist.

1.2 In accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, Escape is required to obtain certain information from the Artist, who must therefore (on signing and returning this Agreement to Escape) also provide Escape with such information as Escape may require to confirm the Artist's (i) identity (ii) experience and/or membership of any unions, professional associations or other relevant bodies and (iii) general availability and the nature of the bookings or engagement that the Artist wishes to undertake.

1.3 No joining fee is payable by the Artist to Escape. However, in return for the inclusion of the Artist's details on the Escape agency website, the Artist is required to pay to Escape an advance marketing fee of £25.00 plus VAT. This fee may be varied from time to time at the sole and absolute discretion of Escape. Three (3) months after the receipt by Escape of the Artist's advance marketing fee, Escape shall (at its sole discretion) contact and/or meet with the Artist to review and discuss the level of bookings or engagements that Escape has managed to secure for the Artist within the preceding three (3) month period. At its sole discretion, Escape may require the Artist to pay a further marketing fee of £25.00 (plus VAT) in return for Escape maintaining the Artist's details on its website for a further three (3) months (following which Escape will again review/discuss the position with the Artist).

1.4 Escape only acts as a negotiator in relation to bookings or engagements of the Artist and, as such, will not ordinarily enter into any agreements or contracts on behalf of the Artist. Whilst Escape will negotiate with venues, promoters and/or other parties ("Clients") on behalf of the Artist, and confirm to the Artist the terms that it has managed to negotiate with any such Client, any finalised contract or agreement will be directly between the Artist and the relevant Client. If Escape is authorised to enter into agreement or contract on behalf of the Artist for any individual booking, such authority will be made known to all parties during the relevant negotiations.

1.5 All bookings or engagements will be confirmed to the Artist in writing by Escape as soon as possible, with brief details about the Client and the booking/engagement itself and any specific requirements that the Artist will be required to comply with. If any booking or engagement is made at very short notice, this may not be possible, but written confirmation will still be sent to the Artist after completion of the relevant booking or engagement.

1.6 If Escape receives any information about the Artist which indicates that he/she may be unsuitable for any booking or engagement, the Artist acknowledges that Escape is obliged to notify the relevant Client and/or to investigate such information (in which case the Artist shall provide Escape with such information and/or documentation required to enable it to properly investigate the same).

2. Commission and Expenses

2.1 In return for the services provided by Escape to the Artist under this Agreement, in relation to each separate booking or engagement of the Artist by a Client, Escape will charge a fee equivalent to the agreed percentage of the contracted fee agreed by and due to be paid to the Artist in relation to such booking or engagement (the "Commission"). Escape will also collect any applicable tax (for example VAT) which is due under English Law.

2.2 Escape will inform the Artist, prior to confirming any booking or engagement, the amount of the Artist's contracted fee and the amount of the Commission due to Escape in respect of that booking/engagement. Escape will receive the Artist's contracted fee direct from the relevant Client and the Commission (and any other amounts) due to Escape will be deducted directly from the Artist's contracted fee. Escape will then account to the Artist for the balance of his/her contracted fee. The Artist expressly authorises Escape' to receive from Clients contracted fees due to the Artist and to deduct from the same any and all Commission and other amounts due to Escape prior to remitting the balance to the Artist.

2.3 Escape is unable to pay the Artist the balance of his/her contracted fee unless and until it has received payment from its Client in relation to the relevant booking or engagement. Escape is not responsible or liable to the Artist for any delay in receiving any payment(s) from its Clients.

2.4 Commission is charged by Escape only after the relevant booking or engagement has been completed (save as further provided in this clause). Therefore, there will be no refund of Commission to the Artist in any circumstances whatsoever. Commission will still be due from the Artist if the Artist fails to appear for a booking or engagement with any Client.

2.5 The cancellation by the Artist of any booking or engagement negotiated through Escape will not usually be possible without the prior agreement of Escape and the relevant Client. In the event of any such cancellation without cause (i.e. other than due to illness or another unavoidable circumstance), Escape reserves the right to levy a charge on the Artist of up to 15% (plus VAT) of the Artist's contracted fee (in addition to any Commission due) to cover Escape' additional time and expenses in connection with any such cancellation by the Artist.

2.6 The Artist is responsible and liable for any and all travel costs, equipment costs and other out-of-pocket expenses that he/she may incur in connection with any booking or engagement negotiated by Escape pursuant hereto.

3. Restriction

The Artist hereby undertakes to Escape that he/she will not solicit or accept employment (either directly as an employee or indirectly as a freelance or independent (or other) contractor of any sort or an employee of another supplier) from any Client (or any subsidiary or affiliate of any such Client) to, for or with which Escape reports, works or provides services, otherwise than through Escape (or with its prior written consent). This restriction shall bind the Artist for the duration of this Agreement and for six (6) months subsequent to the expiry or termination of this Agreement, whether such expiry or termination is voluntary or involuntary or with or without cause. The Artist acknowledges that Escape expends significant resources in sourcing and maintaining its Client relationships and that, as such, it is entitled to protect its valid commercial interests in this manner. The Artist further acknowledges that damages may be an inadequate remedy for a breach, or threatened breach, of the above undertaking and that, as such, Escape shall, without limiting its other remedies, be entitled to injunctive (or other equitable) relief in such circumstances.

4. Liability

Each Client is responsible for the health and safety of the Artist during the completion of each booking or engagement. Escape does not accept any responsibility or liability for (a) the non-fulfilment or breach of any contract or agreement between the Artist and any Client or (b) any injury which is or may be suffered or incurred by the Artist during or in connection with any booking or engagement with any Client. In any event, Escape' liability to the Artist in connection with any booking or engagement negotiated on behalf of the Artist by Escape shall be limited to the amount of the Commission received by Escape in respect of such booking or engagement.

5. Termination

5.1 Negotiations are made separately by Escape, on behalf of the Artist, for all individual bookings or engagements (or any series thereof). There is no obligation on the Artist to accept any booking or engagement offered or negotiated by Escape. The Artist can end its relationship with Escape by not accepting any further bookings or engagements negotiated by Escape. Equally, Escape can end its agency relationship with the Artist (without liability) by ceasing to negotiate or offer any bookings or engagements to the Artist and/or removing the Artist's details from its website and any promotional materials that it produces.

5.2 Notwithstanding the provisions of clause 5.1, any Artist (who has not signed a sole representation or agency contract with Escape) who does not wish to continue being represented by Escape must give at least thirty (30) days' notice to Escape in writing. The Artist is nevertheless required to complete any and all bookings or engagements negotiated by Escape and accepted by the Artist prior to the expiry of such written notice period. On the expiry of such notice period, the Artist's details will be removed from the Escape website and no further promotional materials featuring the Artist will be created by Escape. However, the Artist acknowledges that it will not be possible to remove the Artist's details from materials already published and circulated by Escape.

5.3 Notwithstanding the provisions of clause 5.1, Escape may terminate this Agreement (i) without cause or liability, by giving the Artist at least thirty (30) days' prior written notice (during which period the Artist is nevertheless required to complete any and all bookings or engagements negotiated by Escape and accepted by the Artist) or (ii) immediately, by giving notice to the Artist, in the event of any breach by the Artist of the terms hereof or if the Artist acts inappropriately during the completion of any booking or engagement or otherwise conducts himself/herself in a way, or carries out any act, which Escape (at its sole discretion) considers could or will damage its commercial reputation. Without limitation, the display and/or presentation of any of the Artist's contact details, or the failure by the Artist to appear (without giving due notice to Escape), at any booking or engagement negotiated through Escape may automatically be treated by Escape as a breach of this Agreement.

6. General

6.1 Escape is obliged to provide to its Clients the information which the Artist provides to Escape under clause 1.2 above (and to any other third party, to the extent required to fulfil any relevant booking or engagement). Otherwise, such information shall be kept secure and confidential by Escape. Any personal data relating to the Artist which is collected by Escape may be recorded electronically and used in accordance with relevant data protection legislation for the purposes of identification, invoicing and marketing or promotional activity.

6.2 For the purposes of the Regulations, Escape will act on behalf of the Artist as an employment agency (as defined in the Regulations) and not an employment business. Throughout the duration of this Agreement and its relationship with Escape, the Artist will be and remain either self-employed or an incorporated entity. At no stage will the Artist be (or be deemed to be) an employee of Escape and, as such, the Artist will not be entitled to any of the rights of benefits enjoyed by Escape employees. The Artist should not hold himself/herself out (or otherwise represent himself/herself) as being an employee of Escape at any time. The Artist is personally responsible for making the appropriate deductions, in respect of tax and national insurance contributions, from the contracted fees that it receives from Escape under this Agreement and the Artist agrees to fully and effectively indemnify Escape (before and after the termination or expiry of this Agreement) in respect of any and all claims or demands made against Escape in respect of any such taxation and/or national insurance contributions.

6.3 If any provision(s) of this Agreement shall be found to be unenforceable or invalid (for any reason), such provision(s) shall be deemed to be deleted and the remaining provisions shall continue in full force and effect. Any other variation of these terms must be in writing signed by Escape and the Artist. The fact that no action is taken by Escape against the Artist in respect of any breach of this Agreement does not constitute a waiver of any subsequent breach of this Agreement or any of the rights of Escape in respect of the original breach.

6.4 In certain circumstances, for example where the Artist is a minor, this Agreement will need to be signed by one of the Artist's parents, a legal guardian or another duly authorised representative of the Artist. Escape cannot provide any services to the Artist hereunder until this Agreement has been duly signed by an appropriate person.

6.5 Escape Media Group Limited is a private limited liability company incorporated in England and Wales with company number 5702886 whose registered office is at Suite 115 Cumberland House 80 Scrubs Lane London NW10 6RF. Both Escape and the Artist may send any notices or other information required to be sent under this Agreement by hand, first-class pre-paid post, fax and/or e-mail (as appropriate) to the address, fax number or e-mail address notified by the receiving party to the sending party from time to time for the purposes hereof.

6.6 This Agreement, and any written confirmation of a booking or engagement issued to the Artist by Escape pursuant to clause 1.5 above, constitute the entire agreement between LPT and the Artist and supersede any previous agreement(s). In particular, any conflicting terms of business (whether issued by the Artist or otherwise) shall have no effect. A person who is not a party to this Agreement shall have no right, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, to enforce any of the terms hereof. This Agreement shall be governed by, and construed in accordance with, English Law.