All act and service bookings subject to contract.
- Once the booking has been confirmed with the ‘client’ and ‘artist’, the ‘agent’ issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘agent’ within 7 days. The ‘artist’ will then also be issued a ‘Booking Contract’ and should also check, sign and return it within 7 days. Upon receipt, both copies shall be filed by the ‘agent’.
- The ‘Booking Contract’ may be modified with agreement from all parties concerned. However, alterations should be notified to the ‘agent’ who will continue to act as negotiator in advance of the event. Where necessary the ‘Booking Contract’ may be reissued.
- The booking deposit and signed ‘Booking Contract’ are due within 7 days of issue and unless specified otherwise in the ‘Booking Contract’, the remaining balance should be paid to the ‘agent’ within 7 days after the event.
- Alternatively, the ‘client’ can pay the entire balance fees to the ‘agent’ 2 weeks prior to the event. However, all payments made via the ‘agent’. Payment to the ‘artist’ will be released on the within 5 working days after the event.
- If the booking deposit has not been received within the allotted time (7 days) this may be perceived as a breach of contract and free the ‘artist’ from contractual ties. However, the ‘client’ will still be accountable remain liable for the booking deposit.
- Failure to pay the ‘agent’ the remaining balance within the terms agreed in the ‘Booking Contract’ will automatically result in a late payment administration fee of £25 being charged to the ‘client’ by the ‘agent’. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £25 shall be added to the outstanding amount. In addition, if a cheque paid to the ‘agent’ does not clear (i.e. it ‘bounces’), these charges shall also become applicable, plus, any costs incurred by the ‘agents’ bank for handling and administration.
- Where the outstanding balance has not been paid within 14 days, the amount may be sought via legal processes or referred to a debt recovery agency by the ‘agent’.
- The contract is not cancellable without consent from both you and the artist, or unless a situation arises which would be covered by the standard force majeure clause. The force majeure clause from the contract states:“In cases of ‘Force Majeure’ (which shall be known 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), which are not attributable to any act or failure to take preventive action by the ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty other than loss of deposit.”In laymen’s terms, this means that unless the artist dies, is seriously ill, or has an accident travelling to your event (and if non of the above are attributable to them failing to take preventative action) they can’t cancel your booking without being in breech of contract; for which you could sue them for substantial damages.Calculation of cancellation fees works as follows:
i. If you cancel after 1 week of placing your booking and up to 3 months before the event, loss of 100% deposit;
ii. Within 3 months but before 2 months from the event, loss 100%of deposit and 25% of remaining fee;
iii. Within 1 month of the event, loss of 100% deposit and 50% of the remaining balance would be due to the artist.
You can pay your deposit by cheque, BACS/CHAPS or internet transfer.
- The ‘client’ must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the ‘artist’ by possessing appropriate licenses and no inhibiting noise limiters. If non-performance or a below par performance results due to venue restrictions, the ‘client’ will still be liable for the total fees.The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the ‘agent’.
Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘artist’ is provided with free parking facilities at the performance venue for all vehicles associated with their act. Should no free parking be available the ‘client’ is liable for any parking charges incurred.
It is also the ‘clients’ duty to ensure that the ‘artist’ is provided with adequate refreshments throughout their stay at the performance venue. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
- The ‘client’ must also ensure that there is an adequate area for the ‘artist’ to change in and store equipment and / or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.Unless given express permission, ‘artist’ equipment and instruments are not available for use by any other person.
- If an ‘artist’ is subjected to aggressive or abusive behaviour and the ‘client’ does not remove the perpetrator the ‘artist’ shall be allowed to terminate their performance without penalty. The ‘client’ will still be liable for the total fees.
- The required elements within the above clause must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in are negotiable between the ‘client’ and ‘artist’ via the ‘agent’, but any modifications should be written into the ‘Booking Contract’ specifically.
- The ‘artist’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves to the ‘agent’ via promotional material.
- Unless specifically outlined in the ‘Booking Contract’, the ‘artist’ should provide the relevant equipment in order to carry out the performance. The ‘artist’ is responsible for the good working order and safety of their own equipment. This should be reflected by acts using electrical equipment having it PAT tested annually. In addition, the ‘artist’ should undertake Public Liability Insurance (to a minimum of £1,000,000 cover). The ‘artist’ is fully responsible for these matters.
- The fee outlined in the ‘Booking Contract’ and provided to the ‘agent’ by the ‘artist’ is fully inclusive and not subject to change. In addition, the ‘artist’ is not employed by the ‘agent’ and is therefore responsible for their own accounting and legal contributions.
- The ‘artist’ shall not drink alcohol excessively before, during or after their performance. In addition, the ‘artist’ will not use illegal drugs on the day of the event or at the venue itself in any capacity. The ‘artist’ should be aptly attired for their performance in line with agreements made with the ‘client’ prior to the event, and they should remain courteous with the ‘client’, guests and employees of the venue. The ‘artist’ will not act in any manner that is deemed damaging to the reputation of themselves, the ‘agent’, or the ‘client’.
- The ‘artist’ must contact the ‘client’ directly before the event in accordance with the time-frame detailed in the ‘Booking Contract’. This contact should be used to re-confirm the details in the ‘Booking Contract’ and finalise details such as parking, dress code, refreshments, payment and invoice matters.
- It is the responsibility of the ‘artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.
- In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the ‘agent’ within 28 days. The ‘agent’ will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the ‘client’ and ‘artist’ should seek legal advice. The ‘agent’ is not responsible for the ‘client’ or ‘artist’ and their failures but will attempt to settle all disputes swiftly and satisfactorily.
- Complaints arising from arrangements made between the ‘client’ and the ‘artist’ but without consultation of the ‘agent’ should be settled between the ‘client’ and the ‘artist’ exclusively.
- Wherever possible the ‘artist’ should utilise the line-up as represented to the ‘agent’ and ‘client’, unless the need arises to substitute a performer due to unforeseen circumstances. The ‘artist’ will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise. The ‘artist’ agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the ‘artist’ to the customary manner in which the ‘artist’ has portrayed themselves to the ‘agent’ and ‘client’.
- If a suitable ‘Dep’ performer is available, the ‘artist’ will utilise them rather than cancel the booking. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the ‘artist’ being replaced is of significant celebrity.
- On occasion, band line-ups may be subject to change and this may occur without notice unless the band is of significant celebrity.