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

We are obliged to inform you of our business terms. These terms apply to artists and management companies that also represent FUNKGURUS artists. As a result, to avoid misunderstandings in our working relationship, we respectfully request that managers ensure that their artists are aware of FUNKGURUS' terms 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 to introduce, negotiate and secure Engagements for you on a non-exclusive basis. You agree to react promptly and professionally to our requests for information on potential engagements, marketing needs, document signatures and approvals, within twenty-four hours. Outside of this time, we cannot guarantee to follow up further.
2. Once we have made an introduction on your behalf to a client/booker, 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. In the interests of fairness, you agree to notify FUNKGURUS if a client/booker contacts you directly to discuss an Engagement that you believe FUNKGURUS may have previously proposed you for and to refer the client/booker to us for verification and follow-up on your behalf, within twenty-four hours of receiving the request. If you are unsure whether the direct contact is as a result of our efforts, we respectfully ask that you contact your agent to ask.
Note: The term 'introduction' refers to the process of providing up-to-date information to a client or booker about your recent, current and future touring and performance activities, rather than an actual introduction per se, and as such applies whether or not you are known to the client/booker or have previously played for them.
3. For each engagement you agree to perform, we include our percentage commission fee in the fees that we agree on with you and the client/booker. This commission percentage amount varies according to the type of engagement and the volume of work involved, but typically ranges from 12 to 15% of the total agreed gross fee for the engagement, from both guaranteed and any split agreement amounts. This also applies if you introduce FUNKGURUS to a customer or booker to advance an engagement that you sourced and/or acquired. Occasionally, we receive a fixed fee from bookers for the provision of our services.
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. Payment terms will vary depending on the terms set within the engagement agreement accepted by you. FUNKGURUS does not pay artists in advance of receiving monies from a booker for a specific engagement.
6. FUNKGURUS can only pay band leaders stated in the engagement agreement (or their representative) for a specific engagement. Separate payments to individual band members are generally not possible.
7. FUNKGURUS does not process VAT. If you are VAT registered, the net fee you quote and accept for an engagement must be inclusive of VAT.
8. It is the sole responsibility of the artist and/or their management to be aware of and follow any guidelines set, regarding Foreign Entertainers Tax (UK) and other similar taxes applicable for live performance in other countries relevant to your engagements. FUNKGURUS is not responsible for any taxes deducted from agreed fees at source by the venue/booker.
9. It is the sole responsibility of the artist and/or their management to be aware of, follow and implement any guidelines regarding work visas, sponsorship certificates (COS in the UK) and other similar applicable requirements to allow them to undertake an engagement in a foreign country. FUNKGURUS offers Tour Management services for artists wishing to perform in countries other than their country of residence and can also recommend agencies that provide individual services if required.
10. When we schedule a tour or a series of performances for a given project, FUNKGURUS must have the option to book all engagements that fall within the agreed-upon touring time period or the tour's broad subject matter—for example, 'record launch', 'anniversary tour', etc. This applies to queries and bookings within a given project received directly by an artist or via other sources.
11. When the Terms have been negotiated and accepted by you or your management representative, the client/booker and us in writing, you will be obligated to perform at that Engagement as per the Terms and provide your services to the hirer. We will provide you with written confirmation of the Terms for each Engagement you have agreed to undertake either in the form of a FUNKGURUS contractual agreement of engagement, a contract issued by the booker, or a deal memorandum.
12. 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 venue 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 applies in circumstances where you introduce FUNKGURUS to a client/booker to progress an Engagement sourced and/or secured by you.
13. 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.
14. You consent to us displaying the profile and to the marketing of your profile through other channels such as newsletters and online advertising.
15. 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)
16. 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.
17. It is your responsibility to ensure that any and all Public/Employers liability insurance is in place where required. Certificates may be requested for certain Engagements.
18. 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.
19. 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.
20. 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.

© 2024 FUNKGURUS. This material is the property of 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. Updated: 30/07/2024