Upon confirmation of a booking (in accordance with clause 2.1 below), the Agent will issue these terms and conditions and the Entertainment Booking Form (together the "Contract") to the Client (as identified in the Entertainment Booking Form) for signature and this must be returned within 2 working days. A copy of this Contract will also be forwarded to the Artist (as identified in the Entertainment Booking Form) for signature immediately, again to be signed and returned within 2 working days.
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1.1 This booking contract is negotiated by the Agent and is made between the Client and the Artist. In this respect, the Agent is acting as an employment agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether, electronically or in writing ("Confirmation").
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date, and for a further period of eighteen months.
3. Changes to contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
3.2 All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.
4. Payment of fees
4.1 Deposits can be paid by cheque, debit/credit card or BACS transfer (details for payment are set out in the Entertainment Booking Form or invoice).
4.2 The Deposit is non-refundable.
4.3 Payment details are subject to the ‘Entertainment Booking Contract’ payment details.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously,and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT'S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
Cancellation by the Client:
5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 14) provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.
5.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicabl eafter being informed by the Client.
5.3 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit, calculated as follows:
less than 48 hours after confirmation
and more than 7 days before the event
up to 90 days before the event
50% of Balance
up to 61 days before event
75% of Balance
60 days before event
100% of Balance
5.4 All cancellation fees shall be paid to the Agent within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
6. Cancellation by the Artist
6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Artist shall inform the Agent & Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agent will make all reasonable attempts tofind a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agent agrees to refund the Client the Deposit plus any other fees already paid in advance.
7. Changes on the Event Date
7.1 Where possible, changes to the contract schedule which are unavoidable on the Event Dateshould first be discussed and agreed with the Agent. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
8. Delayed event schedules and late finish fees
8.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.
8.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist. (Unless agreed otherwise between Client and Artist.)
8.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.(Unless agreed otherwise between Client and Artist.)
9. Re-engagement of the Artist
9.1The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for the period covering the issue date of this Contract until 18 months after the Event Date on this contract.
10.1 If this Contract includes a schedule containing the Artist's requirements for food,accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
10.2 If the Client has agreed to cover additional expenses incurred by the Artist(including but not being limited to travel, refreshments, rehearsal time,accommodation) the Artist must provide receipts and an invoice to the Client within 60days after the Event Date.
10.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.
11. Sound limiters & volume
11.1 The adjustment of the volume and sound level of any equipment shall be as theClient reasonably requires should the Client request such an adjustment.
11.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
11.3 The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.
12. Artist equipment
It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist.
13. Use of alternative/deputy performers
13.1 This clause covers any person or persons who stand in for one or more of the Artist's standard group of performers should they be unable.
13.2 The Artist agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Artist's repertoire, and represent the Artist to the same high standard that is known by the Agent and expected by the Client.
13.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, the Artist shall use the services of the deputy performer rather than cancel the booking.
13.4 There will be no reduction in the Artist's fee if a deputy performer is used.
14. Force Majeure Event
14.1A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
15. Rights of Third Parties
15.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.
16.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.
16.2 The parties agree that this contract is governed by English law and hereby submit to theexclusive jurisdiction of the courts of England and Wales.