1. Standard "industry practice" or the usual way parties do business in an industry is at best evidence of terms upon which parties contract. It is not binding. For example "industry practice" would also mean that the agent would pass on the required details of the work involved so that this half hour would not be wasted at each session taking up the time of other people as well. Ultimately, as you are paying for a service, you set the terms upon which you operate and upon which you pay. So in future, get this agent and his artist to sign an agreement defining when work starts paying, is it when the guy arrives or when he is told the required details of the work involved, or whether the agent should tell the artist in advance. Get them to sign the agreement so there is no dispute in future. As regards XXXXX XXXXX work, once there was a compromise whereby half the monies for the 30 minute period were paid, then neither party can go back on that compromise agreement. That is just the law. However, you need to tie things down for the future and not be hit with this "industry practice" idea which is so nebulous that it only causes disagreement.
Thank you. I expected a reply of this sort, it makes most sense. And that is separate from the compromise agreement that was paid to the agent acting on behalf of their Client (the voice artist).
Sorry, I've just returned from a recording session and have one further related question to your summary. I hope you will be able to answer as part of your advice.
Doesn't English contract law have implied terms by Custom. So if one party could prove that something is customary within a certain industry (industry standard), including by the introduction of witnesses, then a court could treat that as a term of the contract?
Thank you again.
Thank you very much. This fills in the 'gaps' that I hadn't first queried.
One further question for completeness -
Would my company have needed to exchange in writing that the voice artist is required to show up fully aware of the role and background that was provided by me to his agent the day before the session to imply/confirm the session can only start at the 'call' time.
Thank you again