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Our Office
Our office contains a state of the art computer network
running on STi , the industry's
leading booking software.
We are able to access all agency operations outside our normal
office hours via high speed Broadband links at the office as well
as home, having full control at all times.
All venues and clients can receive the following information and
reports at no extra costs: Confirmation lists, Artiste calendars,
Statements, Selective artist lists, Vacancy lists, Artiste gig
guides, Venue history reports, Inland Revenue for 46R1
printouts, together with a wide range of reports customised for
you to simplify your paperwork.
This technology enables us to give you a quick and efficient
service.
One button access to thousands of acts throughout the UK!
We supply free computer generated publicity on our A2, A3 and A4
inkjet and laser colour printers for every booking, together with
additional publicity for extra events at your venue.
Pictures can also be sent to the email address of your choice
for newspaper, publisher and other media requirements.
Design
Department
We are able to offer a design service at competitive
rates for artiste and venue publicity, logos, web design etc..
Look at a sample
poster that can be A4, A3, A2, A1 or A0 in size.
Having studied Graphic Design at Cardiff College Of Art,
becoming Sales Director for a printing firm serving Advertising
Agencies, PR Agenies etc.... No matter how pretty it looks, if
it can't be read on a passing bus, it's useless!!!
Contact
us for samples that can be emailed.............
Trade
Associations
We are members of the Agents Association (Great Britain),
National Entertainment Agency
Council who are now part of The National Outdoor Events Association
and the Federation of Small
Businesses, the only agency in Wales to be members of all three
associations, each of which have a strict code of conduct that
members are required to observe.
Through our trade associations, we have access to every
management, entertainment consultant and agency in Europe.
Contacts
Your contacts with our head office are Company Directors
Anita and Neville Williams, Lesley Tatchell, Rachel Williams and
Laura Williams.
Richard Jones who has a degree in multi media studies &
graphic design is retained by ourselves on a freelance basis with
our design department.
All staff are trained to deal with your enquiries, together with
artiste liaison duties.
Our office manager is Joanne Garrett who has vast experience in
the entertainment, public relations, advertising and newspaper
industries, enabling her capable of answering and dealing with any
enquiries, questions and problems that arise in the day to day
running of this office.
Why book with
an entertainment agency?
Venues Booking
Direct...BEWARE!!
Recognised trade associations in the entertainment
industry are aware of the social media explosion and whilst they
are recommending their members to embrace and utilise the
facilities, they would also like to highlight the pitfalls
to hirers who have or are considering booking artistes direct.
Things are not as simple as they seem:
This report has reached a
leading trade association from a member agent:
The agent has had experience of arranging bookings at a
major hotel for many years in Eastbourne. This hotel,
over a period of several years, booked several acts direct &
paid from petty cash.
The Hotel was unable to confirm to HM Revenue & Customs, the
real names and addresses of acts / bands booked as many acts /
bands had given false names to secure payment.
As a result, this venue was liable to Tax equating to 25% of
each booking that they could not account for dating back six years
plus 25% penalty amounting to £250,000 in total.
All venues/hirers booking acts directly are required to
comply with Section 16 of Taxes Management Act 1970. http://www.taxwriter.co.uk/writing/pdfs/Section16.pdf
Failure to supply information as required is a criminal
offence.
Under The Conduct of
Employment Agencies & Employment Businesses Regulations
2003, Entertainment Agencies are legally bound to keep
this information for venues that they book.
If that hotel had used an entertainment agency that was
recognised as part of a trade body, none of the above would apply
to the hotel...
Buyer beware - Is the artist giving you all the legally
required documentation and paperwork?
Crackdown over Cyber
Scams
The Government is investing £4.3 million to focus on fake
products, ticket scams and traders hiding their identity to avoid
giving consumer redress. This also applies to agents, some existing
only on social networking sites with a mobile number, false email
address and no trading address.
Details from: www.consumerdirect.gov.uk
Child Performer Licensing
laws
These are due to be overhauled in an attempt to achieve parity
between the regions. Details from www.bit.ly/childperformers
Employment Agency Standards
Inspectorate: Rogue Agents
There are many new agents setting up with no regard for the
law.
The Employment Agency Standards Inspectorate, who monitor these
agents, has published their mission enforcement policy statement.
Details from: http://www.bis.gov.uk/policies/employment-matters/eas/about-us
Complaints
Complaints can be made to Direct.gov
complaints page
Standards Of
Service
A Standards Of Service document can be sent on
request.
This will include: Our commitment to you, Service targets, Response
times, Politeness and courtesy policy, Administration and
documentation details, Complaints (in the unlikely event)
procedure, together with details for Service of legal documents.
Contact us if you require a copy.
The Standards Of Service set out in this document constitute a
statement of intent only, and do not form part of any contract
which may be negotiated with, by or through Hawthorn Entertainment
Ltd.
General
Information and Terms
A copy of General Information and Terms can also be sent
on request.
This section attempts to explain in plain English the way in which
all reputable Agencies work, and the specific ways in which the
Terms of Business of Hawthorn Entertainment Ltd, and the Agreements
between Artistes and Employers affect those concerned.
Subjects covered are: Contracts, Deposits, Cancellations,
Illness, Publicity material (artistes), Extension Of Bookings,
Re-Engagements and subsequent engagements. Contact us if you
require a copy.
What is
Hawthorn Entertainment?
Hawthorn Entertainment Ltd. is a UK registered private
limited company.
Hawthorn Entertainment Ltd operates as an Employment Agency and
Employment Business specialising in the Entertainment Industry,
working under the terms of the Employment Agencies Act 1973 and the
Employment Agencies and Employment Businesses Regulations
2003 (as amended).
Hawthorn Entertainment Ltd. is legally entitled to provide
services for the purpose of supplying employers with workers
(referred to in this document as Artistes).
In its capacity as an Employment Agency, Hawthorn Entertainment
Ltd is neither an Artiste nor an Employer. It generally arranges
engagements between the two parties thus forming contracts between
the Artistes and the Employers.
Hawthorn Entertainment Ltd may also choose to act as an
Employment Business. If it should do so, it will enter into
separate contracts with both parties.
Hawthorn Entertainment Ltd has other business interests and
trading styles in addition to its Employment operation.
The Terms and Conditions contained in this publication
supplement any Terms and Conditions that may appear on any
confirmation notes, contracts or other legal documents relating to
any engagement negotiated in conjunction with Hawthorn
Entertainment Ltd.
What are
Terms of Business?
Under the Conduct Of Employment Agencies &
Employment Business Regulations
2003 Act, which became law on April 6th 2004, anyone!!!
(even party organisers & direct bookers who are not owners or
employed by the venue) who introduces an artiste (work seeker)to a
venue (hirer) is considered under law to be an agent, even if no
commission is charged, and are legally obliged to ensure that their
terms of business are in place with every artiste (work seeker),
venue (hirer), promoter (hirer) and agent that they do business
with before a booking is made.
Please do not be offended by the following documents that we
are obliged to publish by law
Hawthorn
Entertainment Ltd. Terms of Business
1) Hawthorn Entertainment Ltd may act as an Employment
Agency or as an Employment Business, at its sole discretion. The
way in which Hawthorn Entertainment 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) Hawthorn Entertainment Ltd acts as negotiator only
and is not a party to the resulting contract. For this reason
Hawthorn Entertainment Ltd cannot accept responsibility for
non-fulfilment or breach of any such contract, but every reasonable
safeguard is assured. Wherever possible in such cases, Hawthorn
Entertainment Ltd will replace the act or engagement with one of
similar price and quality.
b) Hawthorn Entertainment 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 Hawthorn Entertainment Ltd
charges a fee equivalent to an agreed percentage of the contracted
fee receivable by The Artiste, in accordance with our Commission
Policy Statement. Hawthorn Entertainment 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 Hawthorn
Entertainment 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,
Hawthorn Entertainment 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) Hawthorn Entertainment Ltd normally acts as a negotiator only
and as such may not enter into agreements on behalf of third
parties. If at any time Hawthorn Entertainment 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) Hawthorn Entertainment 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 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 Hawthorn Entertainment 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.
l) 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 Hawthorn Entertainment
Ltd promptly and in accordance with these Terms Of Business.
m) Any defamatory information (no matter how minor) regarding
Hawthorn Entertainment Ltd or any client of Hawthorn Entertainment
Ltd is strictly forbidden (including postings on Social Networking
Websites). Any artiste found to be displaying information or
personal comments about Hawthorn Entertainment Ltd or any client of
Hawthorn Entertainment will be in breach of contract which may
result in the current or future enfagement(s) being
terminated.
3) When acting as an
Employment Business
a) Hawthorn Entertainment 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 Hawthorn Entertainment 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 Hawthorn Entertainment 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 Hawthorn Entertainment 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 Hawthorn Entertainment Ltd or any client of Hawthorn
Entertainment Ltd is strictly forbidden (including postings on
Social Networking Websites). Any artiste found to be displaying
information or personal comments about Hawthorn Entertainment Ltd
or any client of Hawthorn Entertainment
Hawthorn
Entertainment Ltd. Commission Policy
Hawthorn Entertainment Ltd. normally charges a fee
(usually referred to as a 'commission'), agreed in advance with the
Artiste or Promoter.
Any appropriate taxes (for example Value Added Tax) will be
charged at the applicable rate. At the time of writing Hawthorn
Entertainment Ltd. is registered for VAT purposes and regulations
require that VAT be charged at the rate of 15% on commission
due.
Invoices will be automatically modified (and if necessary
re-issued) as required by Law to allow for any changes made by
Government to taxation regulations. This is beyond our control and
could in some circumstances change the amount that will have to be
paid even after a contract has been negotiated and our fee agreed,
for example if the standard rate of VAT changes. At the time of
writing we are not aware of any proposal by Government to change
the current taxation regime.
The date of payment shall be:
In the case of payment by post, the date of the postmark on the
envelope. * In the case of payment in person, the date on which the
amount is physically paid.
In the case of payment in person, payment will be the date on which
the amount is physically paid.
All accounts with overdue balances that exceed 30 (Thirty) days,
will be subject to Statutory Compensation as well as Statutory
Interest at the rate approved by the Government from time to
time.
Please Note:
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. We therefore recommend that
you pay by cheque, by direct transfer (for example Internet
Banking), or else ensure that you physically hand your cash to a
member of staff or a person whose name you can take to ensure that
such payments can be traced.
Monies owing to Artistes from Hawthorn Entertainment Ltd. will
be paid within the contractually agreed terms or within 30 days if
no such terms exist.
Hawthorn
Entertainment Ltd. Touring Acts Policy
Prior to the tour, the artiste must give us details of
where and how we may contact them during the tour. This is
essential in case we need to contact them regarding a change of
venue etc.
At the end of the tour, the artiste must contact this office to
run through tour details. This enables us to sort out any
outstanding balances more efficiently, thus minimising delays.
We normally settle outstanding balances with the artiste direct,
provided that the artiste contacts us with the relevant details,
i.e., to whom cheque is to be made payable, address etc., and that
Tour details balance with our records.
Payment will be made by cheque immediately after the Tour. When
booked through an artiste’s Agent or Representative, if the artiste
does not contact us, the outstanding amount will be debited or
credited to that Agent or Representative’s account.
At the discretion of the hirer, pick-up payments may be cash or
cheque. If payment is made by cheque, then the hirer is not obliged
to cash it.
Should an artiste fail to appear on any date on a ‘Nett’ run,
the amount that Hawthorn Entertainment Ltd. has lost as a result of
that non-appearance will be deducted from the balance of fees due
for the tour.
The artiste is responsible for their own conduct, efficiency,
punctuality and behaviour and that of all personnel under their
control. The artiste must use their best endeavours to ensure that
all personnel conduct themselves at the Venue and in its locality
in a manner that does not cause offence, nuisance or disturbance to
any customer or to the Venue management. The artiste agrees to
immediately take such action as the Management may reasonably
require dealing with any conduct by anyone under their control
considered unacceptable by the Venue Management to include
permanent removal of those persons from the Venue, if required.
Nett Bookings:
On ‘Nett’ bookings, the artiste is contracted for that period
to Hawthorn Entertainment.
We will invoice each Hirer for artiste’s fees plus VAT, whether
the artiste is VAT registered or not, as we are Principals to the
Contract, as stipulated in VAT leaflet No.710/01/91. The Hirer will
then claim back the VAT paid, using our invoice as a support
document. At Venues designated for pick ups, the artiste will
collect the contracted fee plus VAT at the current rate as shown on
the invoice to the Hirer. Where a ‘Nett’ artiste is registered for
VAT, that artiste must invoice us for the net fee plus VAT before
the tour commences. Fees can be picked up as instructed above.
When collecting funds from the client, all artistes must ensure
that they collect the full amount due as notified to them by
Hawthorn Entertainment Ltd.
Commission paying artistes:
If the artiste is VAT registered, it is their responsibility to
issue VAT invoices to venues and to collect their fees plus VAT
from the venues designated for pick-ups.
Where payment is made by cheque, venues reserve the right to
make the cheque payable to the business name on the VAT
invoice.
A breach of any of the conditions stated herein may result in
the termination by Hawthorn Entertainment of this contract with
immediate effect and without prejudice to any other rights or
remedies Hawthorn Entertainment has against the artiste.
These conditions form part of the contract and are binding.
All artistes are offered by arrangement with the artistes
direct or their respective management or agent, and are offered
subject to availability.
No offer contained herein constitutes a contract.
Although Internet copyright law in the UK seems vague, if you
wish to use any of the items on this site for your own web site or
project, we encourage you to purchase them from the suppliers of
these products or services.
Images used on this site are supplied and offered to us
either directly by the artiste, or their representative with the
purposes of obtaining work for that artiste. No audio or video
content is embedded in this site.
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