Momentum Music Talent Agency
Terms & Conditions of Booking
Any booking whether confirmed verbally, electronically or in writing will be subject to a contract carrying the following terms and conditions.
Momentum Music Talent Agency (CRN: 84454911) whose registered office is at 58 Palace Square, Upper Norwood, London SE19 2LS ("Agency") has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these terms, please call your representative at the Agency for clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agency will issue these terms and conditions and the Entertainment Booking Enquiry (together the "Contract") to the Client for signature and this must be returned within 3 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. Introduction
1.1 This booking contract is negotiated by the Agency and is made between the Client and the Artist. In this respect, the Agency is acting as a booking agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
2. Confirming the booking
2.1 All bookings take effect immediately upon the processed payment of the security deposit by the Client, whether orally, electronically or in writing ("Confirmation").
2.2 The Contract must be signed and returned on acceptance of these terms.
2.3 The Agency will store the Contract for safe keeping (copies of which will be readily available upon request) and will continue to act as the Agency 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 Agency in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist's reasonable travel time and cost). The Agency shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance ("Fee"), VAT, fees payable for travel, travel expenses and other expenses.
4.2 The agreed Deposit is due strictly within 5 working days of the invoice being sent. 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). The Deposit is non-refundable.
4.3 The remaining Balance is payable to the Agency either in debit/credit card or BACS transfer 14 days before the day of the event.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 3 working days before the Event Date, the Agency 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).
4.5 Where the Client and Artist have agreed that the Artist's fee is to be paid via the Agency, either in advance of or after the performance, the Agency shall have no liability for late or missed payments.
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 18) provided that the Client informs the Agency as soon as reasonably practicable on becoming aware of the Force Majeure Event. It is the Client's responsibility to ensure the Agency receives and acknowledges their cancellation request.
5.2 The Agency shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
5.3 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with the Agency or another agency that the Artist uses.
5.4 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:
5.4.1 You may cancel this booking without penalty within 48 hours after confirming the booking, as long as the event date is more than 7 days in the future. Otherwise the following fees will be due:
Cancellation up to 90 days before Event 50% of Balance
Cancellation up to 61 days before Event 75% of Balance
Cancellation 60 days before Event 100% of Balance
5.5 All cancellation fees shall be paid to the Agency within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
5.6 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Agency
6.1 The Agency shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event. It is the Agency's responsibility to ensure the Client receives and acknowledges their cancellation request.
6.2 The Agency shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agency shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agency agrees to refund the Client the Deposit plus any other fees already paid in advance.
6.3 Without prejudice to any other rights the Client may have, should the Agency purport to terminate a Contract for any reason other than a Force Majeure Event the Agency shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract
.6.4 Refund shall be given to the Client for the Deposit already paid, and no administration charge will be made to the Client, if a replacement artist of similar value can be arranged by the Agency and agreed by the Client. The Agency shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artist. If the Client still requires the replacement artist to perform, then their full fee will be due.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
8.2 The Agency reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
9. Complaints
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agency no more than 30 days after the Event Date. Full payment must still be made to the Agency as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Agency within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Whilst the Agency cannot be held responsible for the actions or failures of either the Client or Artist, the Agency will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, the Agency will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agency will act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the Agency cannot settle the dispute to the mutual satisfaction both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 Any dispute between the Client and the Agency based on changes to the contract/performance that were agreed by both the Client and the Agency, but not confirmed by the Agency in writing, shall be dealt with between the Client and the Agency directly.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agency. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
10.2 If changes negotiated between the Client and the Agency on the Event Date are agreed to incur additional costs to the Client, the Agency accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to the Agency's standard rate of commission. The Client must disclose to the Agency additional monies collected within 7 days of the Event Date and account for commission due within 7 days.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 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.
11.2 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 Agency by bank transfer shall become due as a late finish fee.
11.3 The Agency has the right to refuse the performance of the artist to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Agency on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Agency in bank transfer on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agency 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.
13.2 The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the Agency to the Client, their guests, staff, venue or contractors.
13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or Agency then the Artist shall notify the Agency immediately and account to the Agency an amount equivalent to the Deposit that would have been payable had the booking been made with the Agency.
14. Expenses
14.1 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.
14.2 If the Client has agreed to cover additional expenses incurred by the Agency (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Agency must provide receipts and an invoice to the Client within 60 days after the Event Date.
14.3 The Client shall reimburse all such agreed expenses to the Agency within 28 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
15.2 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.
15.3 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.
16. 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.
17. Use of alternative/deputy performers
17.1 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.
17.2 The Artist will perform using their standard group of performers as advertised to the Agency and the Client unless otherwise agreed by the Agency and the Client in advance, or unless it is necessary due to a Force Majeure Event. 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 Agency and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
17.5 There will be no reduction in the Artist's fee if a deputy performer is used.
17.6 Nothing in this clause shall prevent the Artist from using alternative performers where the Agency has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A "Force Majeure Event" occurs where a party are unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other incapacity 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.
19 Photography & Filming
19.1 Unless the Client has explicitly prohibited photography / video of the Artist's performance then the Client grants the Agency the right to take photographs and video of the Artist's performance at this event, for personal use only, or for the purpose of documenting the event. The Client shall not be permitted to use any photos or video of the Artist's performance for any commercial purpose without the prior written consent of the Agency.
19.2 The Client consents that The Artist may take photographs and or video footage at the Event unless photography / filming is explicitly prohibited.
19.2.1 The Client may inform the Artist that photography / video is prohibited by informing the Agency and the Artist in person at any point during or in the run up to the event or by displaying signs clearly at the event.
19.3 The Client assigns to the Agency any interest in the copyright in the photographs / video which the Artist takes; waives any right to any further payment for the use of any of the photographs / video.
19.4 The Client consents to the Agency using the photographs / video which the Artist takes for any purpose whatsoever, but with a Right To Removal (see 19.5).
19.5 Right To Removal.
19.5.1 If the Client is unhappy with any or all of the photographs / video taken by The Artist at their event, they may request that the Agency removes them and that they are not used again in the future.
19.5.2 The Agency agrees to comply with any Removal Request as soon as is reasonably practicable, including removal from any third-party locations where possible.
19.5.3 The Client accepts that in some cases, it may not be possible to remove an image or video from a location that the Artist does not directly control, or from published documents in which they have already appeared.
19.6 Restrictions
19.6.1 The photograph(s) / video(s) shall not represent the Client in any derogatory manner.
19.6.2 The Agency understands that the Venue in which the Event is taking place might have their own photography / video restrictions, and that the Client has no authority to grant permission from the Venue.
19.7 The Client agrees that this clause is for the benefit of the Agency and any licensee or assignee of the Artist.
20. Rights of Third Parties
20.1 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 Agency.
20.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
21. General
21.1 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.
21.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.
APPENDIX - AGENCY SERVICE GUARANTEE
The Agency agrees to provide a entertainment that performs that is to the best of their ability, and reflects fully the likeness of the Artist's show, as known to the Agency and as advertised to the Client via distribution of the Artist's demo CD's, promotional materials, profiles, pictures, videos, web page etc.
The Agency will make every effort to ensure the artists performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Agency agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Agencies responsibility to ensure the good working order and safety of the Artists own equipment, and to obtain all necessary insurances & certification.
The Agency agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from the excessive drinking of alcohol before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The Agency, or the Client.
The Artist at the time of agreeing to this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information. The Artist must refer all prospective clients resulting from this booking to the Agency.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by the Agency or Client and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Agency accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
Copyright © Momentum Music
Momentum Music Talent Agency (CRN: 84454911) whose registered office is at 58 Palace Square, Upper Norwood, London SE19 2LS ("Agency") has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these terms, please call your representative at the Agency for clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agency will issue these terms and conditions and the Entertainment Booking Enquiry (together the "Contract") to the Client for signature and this must be returned within 3 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. Introduction
1.1 This booking contract is negotiated by the Agency and is made between the Client and the Artist. In this respect, the Agency is acting as a booking agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
2. Confirming the booking
2.1 All bookings take effect immediately upon the processed payment of the security deposit by the Client, whether orally, electronically or in writing ("Confirmation").
2.2 The Contract must be signed and returned on acceptance of these terms.
2.3 The Agency will store the Contract for safe keeping (copies of which will be readily available upon request) and will continue to act as the Agency 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 Agency in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist's reasonable travel time and cost). The Agency shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance ("Fee"), VAT, fees payable for travel, travel expenses and other expenses.
4.2 The agreed Deposit is due strictly within 5 working days of the invoice being sent. 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). The Deposit is non-refundable.
4.3 The remaining Balance is payable to the Agency either in debit/credit card or BACS transfer 14 days before the day of the event.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 3 working days before the Event Date, the Agency 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).
4.5 Where the Client and Artist have agreed that the Artist's fee is to be paid via the Agency, either in advance of or after the performance, the Agency shall have no liability for late or missed payments.
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 18) provided that the Client informs the Agency as soon as reasonably practicable on becoming aware of the Force Majeure Event. It is the Client's responsibility to ensure the Agency receives and acknowledges their cancellation request.
5.2 The Agency shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
5.3 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with the Agency or another agency that the Artist uses.
5.4 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:
5.4.1 You may cancel this booking without penalty within 48 hours after confirming the booking, as long as the event date is more than 7 days in the future. Otherwise the following fees will be due:
Cancellation up to 90 days before Event 50% of Balance
Cancellation up to 61 days before Event 75% of Balance
Cancellation 60 days before Event 100% of Balance
5.5 All cancellation fees shall be paid to the Agency within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
5.6 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Agency
6.1 The Agency shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event. It is the Agency's responsibility to ensure the Client receives and acknowledges their cancellation request.
6.2 The Agency shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agency shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agency agrees to refund the Client the Deposit plus any other fees already paid in advance.
6.3 Without prejudice to any other rights the Client may have, should the Agency purport to terminate a Contract for any reason other than a Force Majeure Event the Agency shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract
.6.4 Refund shall be given to the Client for the Deposit already paid, and no administration charge will be made to the Client, if a replacement artist of similar value can be arranged by the Agency and agreed by the Client. The Agency shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artist. If the Client still requires the replacement artist to perform, then their full fee will be due.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
8.2 The Agency reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
9. Complaints
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agency no more than 30 days after the Event Date. Full payment must still be made to the Agency as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Agency within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Whilst the Agency cannot be held responsible for the actions or failures of either the Client or Artist, the Agency will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, the Agency will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agency will act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the Agency cannot settle the dispute to the mutual satisfaction both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 Any dispute between the Client and the Agency based on changes to the contract/performance that were agreed by both the Client and the Agency, but not confirmed by the Agency in writing, shall be dealt with between the Client and the Agency directly.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agency. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
10.2 If changes negotiated between the Client and the Agency on the Event Date are agreed to incur additional costs to the Client, the Agency accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to the Agency's standard rate of commission. The Client must disclose to the Agency additional monies collected within 7 days of the Event Date and account for commission due within 7 days.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 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.
11.2 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 Agency by bank transfer shall become due as a late finish fee.
11.3 The Agency has the right to refuse the performance of the artist to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Agency on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Agency in bank transfer on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agency 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.
13.2 The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the Agency to the Client, their guests, staff, venue or contractors.
13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or Agency then the Artist shall notify the Agency immediately and account to the Agency an amount equivalent to the Deposit that would have been payable had the booking been made with the Agency.
14. Expenses
14.1 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.
14.2 If the Client has agreed to cover additional expenses incurred by the Agency (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Agency must provide receipts and an invoice to the Client within 60 days after the Event Date.
14.3 The Client shall reimburse all such agreed expenses to the Agency within 28 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
15.2 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.
15.3 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.
16. 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.
17. Use of alternative/deputy performers
17.1 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.
17.2 The Artist will perform using their standard group of performers as advertised to the Agency and the Client unless otherwise agreed by the Agency and the Client in advance, or unless it is necessary due to a Force Majeure Event. 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 Agency and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
17.5 There will be no reduction in the Artist's fee if a deputy performer is used.
17.6 Nothing in this clause shall prevent the Artist from using alternative performers where the Agency has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A "Force Majeure Event" occurs where a party are unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other incapacity 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.
19 Photography & Filming
19.1 Unless the Client has explicitly prohibited photography / video of the Artist's performance then the Client grants the Agency the right to take photographs and video of the Artist's performance at this event, for personal use only, or for the purpose of documenting the event. The Client shall not be permitted to use any photos or video of the Artist's performance for any commercial purpose without the prior written consent of the Agency.
19.2 The Client consents that The Artist may take photographs and or video footage at the Event unless photography / filming is explicitly prohibited.
19.2.1 The Client may inform the Artist that photography / video is prohibited by informing the Agency and the Artist in person at any point during or in the run up to the event or by displaying signs clearly at the event.
19.3 The Client assigns to the Agency any interest in the copyright in the photographs / video which the Artist takes; waives any right to any further payment for the use of any of the photographs / video.
19.4 The Client consents to the Agency using the photographs / video which the Artist takes for any purpose whatsoever, but with a Right To Removal (see 19.5).
19.5 Right To Removal.
19.5.1 If the Client is unhappy with any or all of the photographs / video taken by The Artist at their event, they may request that the Agency removes them and that they are not used again in the future.
19.5.2 The Agency agrees to comply with any Removal Request as soon as is reasonably practicable, including removal from any third-party locations where possible.
19.5.3 The Client accepts that in some cases, it may not be possible to remove an image or video from a location that the Artist does not directly control, or from published documents in which they have already appeared.
19.6 Restrictions
19.6.1 The photograph(s) / video(s) shall not represent the Client in any derogatory manner.
19.6.2 The Agency understands that the Venue in which the Event is taking place might have their own photography / video restrictions, and that the Client has no authority to grant permission from the Venue.
19.7 The Client agrees that this clause is for the benefit of the Agency and any licensee or assignee of the Artist.
20. Rights of Third Parties
20.1 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 Agency.
20.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
21. General
21.1 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.
21.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.
APPENDIX - AGENCY SERVICE GUARANTEE
The Agency agrees to provide a entertainment that performs that is to the best of their ability, and reflects fully the likeness of the Artist's show, as known to the Agency and as advertised to the Client via distribution of the Artist's demo CD's, promotional materials, profiles, pictures, videos, web page etc.
The Agency will make every effort to ensure the artists performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Agency agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Agencies responsibility to ensure the good working order and safety of the Artists own equipment, and to obtain all necessary insurances & certification.
The Agency agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from the excessive drinking of alcohol before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The Agency, or the Client.
The Artist at the time of agreeing to this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information. The Artist must refer all prospective clients resulting from this booking to the Agency.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by the Agency or Client and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Agency accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
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