This Talent Management Agreement, hereafter referred to as “Agreement”, is made on the date of provided digital consent (the “Effective Date”) by You (the Talent) and 68 TALENT MANAGEMENT, hereafter referred to as “68 TALENT MANAGEMENT”. By signing this agreement, you agree to be bound by the terms and conditions outlined in this agreement.
Section I: Definitions
Booking: The term “Booking” shall mean any Booking in which a person, product, service or corporate entity is promoted, publicized or otherwise marketed for the purpose of spreading brand awareness, generating leads, generating sales or educating consumers.
Client: The term “Client” shall mean any individual or group of individuals who have engaged with 68 TALENT MANAGEMENT to perform promotional Booking services. The term “Client” shall refer to both human and corporate entities.
Venue: The term “Venue” shall mean any place, facility, area or location in which a Booking takes place.
Section II: Responsibilities
A. Talent is responsible for providing own transportation to and from Bookings. Talent shall not assume reimbursement is available for all Bookings, though 68 TALENT MANAGEMENT will do their utmost to make sure Bookings cover transportation and accommodation where possible. The ability to reimburse transportation costs will first be negotiated between 68 TALENT MANAGEMENT and the Client, and the Talent will be notified on an Booking by Booking basis on the status of reimbursement.
B. Talent is responsible for notifying 68 TALENT MANAGEMENT within 72 hours of any scheduling changes that will ultimately affect 68 TALENT MANAGEMENT’s ability to cover a Booking in which the Talent was previously scheduled to work.
C. The Talent agrees to conduct himself or herself in a manner that reflects positively on both 68 TALENT MANAGEMENT and the Client being represented.
D. 68 TALENT MANAGEMENT does not guarantee opportunities for Talent at any time.
E. 68 TALENT MANAGEMENT will act as the managing party and point of contact between the Talent and Client, which includes negotiating all compensation, dress codes, Booking details, payment processing and other administrative functions.
Section III: Terms & Conditions
1. Independent Contractor
Talent agrees to perform Booking on behalf of 68 TALENT MANAGEMENT as an Independent Contractor/Freelancer and is not working as an employee of 68 TALENT MANAGEMENT. Talent agrees that any licenses or permits for performing the Booking in this Agreement shall be the responsibility of Talent and will not be covered at the expense of 68 TALENT MANAGEMENT.
2. Conflict of Interest
Talent agrees that she or he is free to enter into this Agreement and this Agreement shall not violate the terms of any agreements between the Talent and a third party. Talent agrees not to engage in the promotion of any third party entity during an Booking staffed by 68 TALENT MANAGEMENT. Talent shall not cause or attempt to cause any Client, prospective Client or third party partner of 68 TALENT MANAGEMENT to cease doing business with 68 TALENT MANAGEMENT or do less business with 68 TALENT MANAGEMENT. Talent shall not be permitted to discuss, plan, contract with, or execute any Booking with 68 TALENT MANAGEMENT’s Clients directly. All communication about the Booking will be handled by 68 TALENT MANAGEMENT. Talent shall refer any business inquiries coming from the Talent’s relationship with 68 TALENT MANAGEMENT, whether from an 68 TALENT MANAGEMENT Client or a third party, to 68 TALENT MANAGEMENT and provide 68 TALENT MANAGEMENT with an immediate written notice. Talent shall not pursue or facilitate any unprofessional relationship or social activity with an 68 TALENT MANAGEMENT Client that could damage or potentially damage the relationship between 68 TALENT MANAGEMENT and the Client. Talent shall contact 68 TALENT MANAGEMENT immediately prior to any engagement with an 68 TALENT MANAGEMENT Client, in which the Talent does not fully understand the applicability of this Agreement in regards to the professional working relationship between Talent and any 68 TALENT MANAGEMENT Client. 68 TALENT MANAGEMENT agrees to provide clarification to the Talent on such matters in a reasonable amount of time.
3. Waiver & Release
Talent acknowledges the inherent risk of Bookings at different Venues, including bars, clubs, stores, stadiums, outdoor venues, theatres or other venues. Talent understands and assumes the risks of such Venues, which may include overcrowding, intoxicated persons, low lighting/reduced visibility, surface hazards, smoking areas, hazardous weather, etc. Talent hereby understands that 68 TALENT MANAGEMENT has no control, directly or indirectly, over any Venue. Accordingly, Talent understands that he or she may be exposing his or her self to serious bodily harm. Therefore, Talent holds 68 TALENT MANAGEMENT and its officers, agents, lawyers, employees and independent contractors harmless for all acts and omissions of third parties including, but not limited to, Venues, venue staff/employees and guests and invitees of 68 TALENT MANAGEMENT’s Clients.
4. Authorisation for Usage of Photos, Voice, Performance and Likeness
Talent hereby authorises 68 TALENT MANAGEMENT, its Clients and their respective employees, agents, and personnel who are acting on behalf of 68 TALENT MANAGEMENT, to use his or her name, provided and taken photographs or other likeness for purposes related to the promotion of 68 TALENT MANAGEMENT’s Bookings, including but not limited to publicity, marketing, and promotion of the 68 TALENT MANAGEMENT staffed Booking. Talent understands their photograph or likeness and voice may be copied, modified, and distributed by means of any and all media now known or hereinafter invented, including but not limited to video presentations, radio distribution, new bulletins, flyers, posters, billboards, placement on websites, or publications without terminal or time limitations. Talent acknowledges that 68 TALENT MANAGEMENT has the right to take photographs, audio recordings, videotape, or disk presentations, or other electronic reproduction of their name, image, voice, and performance in accordance with this agreement. Talent hereby waives any rights to inspect or approve the finished product, or any material in which 68 TALENT MANAGEMENT and the Client may make use of. Talent gives 68 TALENT MANAGEMENT all rights, title and interests in provided photographs taken during 68 TALENT MANAGEMENT Bookings. Talent understands that, although 68 TALENT MANAGEMENT will endeavor to use their photograph or likeness in accordance with standards of good judgment, 68 TALENT MANAGEMENT cannot warrant or guarantee that any further dissemination of their photograph or likeness will be subject to 68 TALENT MANAGEMENT supervision and control. Accordingly, Talent releases 68 TALENT MANAGEMENT and its clients from any and all liability related to the dissemination or use of their name, photograph or likeness, reproduction, distribution and display in print. Talent also understands that this authorisation is irrevocable and that he or she may not withdraw their permission for the use of these materials at any time in the future after they are published.
5. Limitation of Liability
Each party will not be liable to the other party under this Agreement for indirect, incidental or consequential damages arising in connection with this Agreement. This includes nonwork related incidents such as traffic accidents to/from Bookings, parking tickets, transportation fares and any other Booking beyond the reasonable control of 68 TALENT MANAGEMENT. 68 TALENT MANAGEMENT shall not be held liable to Talent on account of any personal injuries or property damage sustained by Talent whilst at a Booking . Talent shall hold 68 TALENT MANAGEMENT harmless from all liability for personal injuries or property damage directly related to the Booking.
6. Alcohol & Drug Policy
Talent agrees that he or she fully understands the drinking and drug laws of the United Kingdom and the Venue and will not consume alcohol or drugs while working Bookings on behalf of 68 TALENT MANAGEMENT. Furthermore, Talent understands that neither 68 TALENT MANAGEMENT, 68 TALENT MANAGEMENT’s Clients have the authority to permit alcohol or drug consumption before, during or after Booking hours. Therefore, Talent holds 68 TALENT MANAGEMENT and its officers, agents, lawyers, employees and independent contractors harmless in all disputes arising from Bookings in which the Talent has violated these terms.
7. Right to Work
Talent agrees that he or she is at least 18 years of age and legally able to work in the United Kingdom at the time of acknowledgement for this Agreement. Talent agrees to provide undisputed proof of such, including, but not limited to, a current legal drivers license and/or EU or UK passport, upon the request of 68 TALENT MANAGEMENT. Talent agrees to carry legal identification when working Bookings on behalf of 68 TALENT MANAGEMENT.
8. Payments
68 TALENT MANAGEMENT agrees to pay Talent 30 days after the last day of a Booking with a 20% deduction, which is the standard Agency/Management fee. 68 TALENT MANAGEMENT reserves the right to deduct or withhold Talent’s pay from the Booking if the Talent fails to perform the Booking duties as determined by 68 TALENT MANAGEMENT or 68 TALENT MANAGEMENT’s Clients. Unsatisfactory performance includes, but is not limited to late arrival, failure to attend, performance prompting serious complaints from a 68 TALENT MANAGEMENT Client and behavior that damages the reputation of 68 TALENT MANAGEMENT or its Clients.
9. Booking
This is a personal services agreement. Talent shall not assign or delegate another Talent for his/her Booking without the prior written consent of 68 TALENT MANAGEMENT.
10. Review
Talent agrees that he or she has read this Agreement in full, understands the entire Agreement and is willing to be bound by its terms. Talent agrees that he or she has been given a fair opportunity to review the Agreement and any disputes the Talent may have with the terms of this Agreement have been settled with 68 TALENT MANAGEMENT and, as a result, any changes, amendments or updates are reflected in this Agreement.
11. Modification or Amendment
No modifications, amendments, change or update shall be valid unless in writing signed by both Talent and 68 TALENT MANAGEMENT.
12. Termination
68 Talent Management reserves the right to terminate this contract immediately with or without cause or good reason.