Terms and Conditions
Definitions
"the Contract" - the booking confirmation and these terms and conditions
"the Agent" - Associated Artistes Ltd.
"the Client" - the client named overleaf
"the Artiste" - the artiste named overleaf
"the Venue" - the performance venue named overleaf
"the Engagement" - the performance engagement detailed overleaf
1. Authorisation
1.1 This Contract represents written confirmation of a prior verbal agreement and no signatures are required to bring it into force.
1.2 The Agent acts as an Employment Agency for the purpose of this Contract.
1.3 Whilst every reasonable safeguard is assured, the Agent is not responsible for non-fulfilment of the Contract by either party and accepts no responsibility for losses or damages arising as a result of this Contract.
1.4 The Client and the Artiste warrant that no previous contract exists that may prevent this Contract from being fulfilled and that no future contract will be entered into from the date of this Contract.
1.5 No servant or agent of the Agent has the power to vary these terms and conditions.
1.6 If any term of this Contract is held by any competent authority to be invalid or unenforceable, the remainder of its terms shall still remain in force.
1.7 Where appropriate, words importing the masculine shall also include the feminine and the singular number shall also include the plural and vice versa.
2. Your Right To Cancel Within 7 Days
2.1 Immediately upon receipt of the Contract, each party must read the terms and conditions contained herein. If either party does not want to be bound by the terms and conditions of the Contract or has any doubts whatsoever, he must notify the Agent in writing within 7 days from the date of issue to request that the Contract be revoked.
2.2 The Contract cannot be rescinded when it has been verbally agreed by all parties within the 14 day period prior to the date of the Engagement.
3. Terms of Engagement
3.1 The Contract is subject to the terms of engagement detailed overleaf, including any additional clauses. Failure of the Artiste to adhere to the terms detailed therein constitutes a breach of contract and may result in claims for damages by the Client.
3.2 The Client agrees not to approach the Artiste directly to engage for further bookings. All future bookings are to be made via the Agent for a period of 12 months from the date of the Engagement. For any booking which is not made via the Agent, the Artiste must pay the Agent commission equal to 15% of the Artiste's fee (plus any applicable VAT) for each booking made.
3.3 The Contract may be subject to a 'rider' containing the Artiste's technical requirements, food, travel and accommodation needs. The rider will be agreed in advance, its existence detailed overleaf and will form an integral part of the Contract.
4. Payment of Booking and Artiste Fees
4.1 The booking fee specified overleaf is due within 14 days of the issue of this Contract and an accompanying invoice.
4.2 The booking fee is a fee charged directly to the Client for sourcing and securing the Artiste for the Engagement, typically equal to 15% of Artiste's fee. The booking fee is not a deposit against the Artiste's fee and is non-refundable in all circumstances.
4.3 If the booking fee has not been received within 14 days, the Agent will notify the Artiste without delay and the Artiste may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in Clause 9 below.
4.4 Unless otherwise specified overleaf, the Artiste's fee should be paid directly to the Artiste on the day of the Engagement prior to the performance.
4.5 When paid on the day of the Engagement, the Artiste's fee may be paid in cash or, at the Artiste's discretion and subject to prior written agreement, a cheque. The Artiste must provide a suitable invoice for payment at the request of the Client.
4.6 Alternatively, the Client may pay the Artiste's fee to the Agent at least 14 days prior to the Engagement by cheque, bank transfer or credit/debit card. The Agent reserves the right to charge a surcharge for credit/debit card payments.
4.7 Where the Agent is holding the Artiste's fee as detailed above, payment will be made to the Artiste within 21 days following the Engagement subject to the Artiste providing a suitable invoice. If the Artiste is VAT registered, a valid VAT invoice is required for payment.
4.8 If the Client elects to pay the Artiste's fee through the Agent and payment has not been received 14 days prior to the event, the Agent will inform the Artiste without delay and the Artiste may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in Clause 9 below.
4.9 Subject to written confirmation from the Artiste and the Client, the terms given in clauses 4.1 to 4.8 above may be subject to variation. In the event of any such variation, the new terms will be noted clearly on the booking confirmation and associated invoices and shall replace the terms specified above.
4.10 The Agent is hereby authorised to accept a deposit up to 100% of the Artiste's fee on behalf of the Artiste and to retain the whole of any such deposit as payment or part payment of any outstanding fees and/or overdue accounts.
4.11 If the Client has agreed to cover additional costs or expenses, such as accommodation or transport (as detailed overleaf), these must be paid to the Artiste within 14 days of the Engagement date. Invoices and receipts must be provided by the Artiste to the Client on request.
4.12 The booking fee, Artiste's fee or both may be subject to VAT at the current rate. This will be indicated clearly on the Contract and accompanying invoices.
5. Client Responsibilities
5.1 The Client must ensure that the Venue is able to provide a safe and appropriate working environment for the Artiste. A suitable performance area must be provided and any potential Health and Safety issues should be disclosed to the Agent prior to the confirmation of any booking.
5.2 Unless otherwise agreed, the Client must provide an electrical supply meeting or exceeding British Standards within five metres of the performance area, where electrical equipment is to be used as part of a performance.
5.3 The Venue must be capable of accommodating the Artiste's performance in all respects, including possessing appropriate licenses and without the presence of inhibiting noise limiters. If non-performance results due to the Venue's restrictions, the Client will be liable for cancellation fees as detailed below.
5.4 Where the Artiste is expected to wear stage clothing or costumes, the hirer must provide suitable dressing room facilities, toilets are not acceptable.
5.5 The Client is responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any individual, the Artiste is entitled to cease the performance and still be paid in full.
6. Artiste Responsibilities
6.1 The Artiste will perform for the Client to their highest standard and in the manner in which they have represented themselves to the Agent via their promotional material.
6.2 Unless specifically detailed overleaf, the Artiste should provide all relevant equipment to carry out their performance.
6.3 The Artiste is required to hold valid Public Liability Insurance covering the Engagement date and hold current electrical safety (PAT) testing documentation where applicable. Artistes are advised to carry comprehensive insurance cover for equipment, props and other valuable items.
6.4 The Artiste offers an assurance that he and all supporting Artistes, technical crew and other associates, will conduct themselves in a responsible and professional manner at all times, with due regard to Venue rules, regulations and Health and Safety requirements.
6.5 The Artiste should use the line-up as represented to the Agent and Client wherever possible. If due to unforeseen circumstances the Artiste is required to substitute a performer, the Artiste will notify the Agent without delay and warrants that any performer utilised is suitable. No reduction in fee for the use of a substitute performer is applicable and does not constitute grounds for cancellation unless the performer being replaced is of significant celebrity.
6.6 Further to clause 3.2 above, the Agent will supply, either as printed copies or printable artwork, business cards to the Artiste to distribute at the Engagement on request. The distribution of the Artiste's own contact details by any means whatsoever shall be regarded as a breach of the Contract and may render the Artiste liable to pay severe damages in respect of that breach.
7. Failure To Perform
7.1 The Client shall not be required to pay the Artiste for any engagement where the Artiste is unable to perform by reason of any cause beyond the Client's control ("Force Majeure") such as National Mourning, War, Fire, Acts of Terrorism, Strikes or Lock-Outs directly affecting the venue, or the by Order of the Licensing or any Public Authority having jurisdiction. In any such event, notice must be given to the Artiste immediately, failing which the Client must pay reasonable expenses.
7.2 In the event of the Artiste's illness the following provisions shall prevail. The word "illness" shall mean and include any bodily or mental infirmity.
- If the Artiste is unable to perform through illness, the Artiste shall notify the Agent immediately and shall send a medical certificate to the Agent within 7 days setting forth the nature of the illness.
- The Artiste shall, if required by the Client, submit to examination by a fully qualified medical practitioner nominated by the Client, with the costs of such an examination being borne by the Client.
7.3 If the Artiste is unable to perform at the Engagement for any reason and the Agent fails to provide a reasonable alternative, the Client shall not be obliged to pay the Artiste's fee in respect of the Engagement.
8. Complaints
8.1 In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the Agent within 14 days. The Agent will mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the Client and Artiste should seek independent legal advice. The Agent is not responsible for the Client or Artiste and their failures but will attempt to settle all disputes swiftly and satisfactorily.
8.2 Complaints arising from arrangements made between the Client and the Artiste but without consultation of the Agent should be settled between the Client and the Artiste exclusively.
9. Cancellation
9.1 Cancellation by either party is not permitted except where Clause 7 above applies or where the Client and Artiste mutually agree to cancel the Contract and confirm this in writing to the Agent.
9.2 The booking fee paid by the Client is non-refundable in all circumstances.
9.3 Should the Artiste request cancellation of the Contract, the Agent will inform the Client without delay and attempt to source a suitable alternative. On occasion, an alternate act may not be available and, in this instance, the Agent will refund to the Client any deposit held against the Artiste's fee.
9.4 Should the Client request cancellation of the Contract, the Agent will inform the Artiste without delay and will be subject to the following conditions:
(a) written notification is received by the Agent not later than 56 days prior to the performance, or
(b) written notification is received by the Agent between 56 and 29 days prior to the performance and 50% of the Artiste's fee paid, or
(c) written notification is received by the Agent less than 28 days prior to the performance and 100% of the Artiste's fee paid, less reasonable travelling expenses.
9.5 The cancellation fees detailed above are payable to the Artiste within 14 days of cancellation and are in addition to the non-refundable booking fee paid to the Agent.
9.6 If any deposit held by the Agent is greater than the cancellation fee, the Agent will return the balance to the Client within 14 days of cancellation.
9.7 Provided that the Client pays to the Artiste his full salary detailed in the Contract, subject to his duly rendering services or being ready, willing and able to do so, the Client may, without giving any reason, prohibit the whole or part of the Artiste's performance or exclude the Artiste from any or all performances, as he sees fit.
Version: 4. Issue Date: 30th June 2009
