Once a booking has been confirmed VERBALLY, ELECTRONICALLY or in WRITING, the details will be subject to a legally binding contract consisting of the ‘Booking Contract’ and the following ‘Terms and Conditions’. Therefore the completion of the ‘Booking Contract’ confirms the details of the booking and does not in itself secure the engagement as this has already occurred. Consequently, non-return or non- completion of the ‘Booking Contract’ does not terminate the agreement.
Once the booking has been confirmed with the ‘client’, the ‘agent’ issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘agent’ within 7 days.
The booking deposit (non-refundable) and ‘Booking Contract’ for signature are due within 7 days of issue and unless specified otherwise in the ‘Booking Contract’, the remaining balance should be paid to the ‘artist’ on the day of the event preferably in cash, but also by cheque (at the discretion of the ‘artist’). If the ‘artist’ is not happy to accept a cheque on the day of the event itself the client must pay the balance of the booking fees 2 weeks prior to the event.
If a payment due to the ‘artist’ has not been received in the specified 2 weeks prior to the event, the ‘artist’ may terminate the ‘Booking Contract’ without penalty. Additionally, the ‘client’ remains liable for cancellation fees as outlined in ‘Clause 6: Cancellations’ of these ‘Terms and Conditions’.
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 to ‘Clause 6: Cancellations’. Failure to pay the ‘artist’ 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’. This payment will be added to the outstanding balance and should be paid to the ‘artist’ 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.
Please note, when a cheque paid to the ‘artist’ on the day of the event does not clear (i.e. it ‘bounces’), these charges shall also become applicable and payable by the ‘client’, plus, any costs incurred by the ‘artists’ bank for handling and administration.
If the ‘client’ has agreed to cover additional costs, such as accommodation (these costs should be specifically outlined in the ‘Booking Contract’), they must be paid to the ‘artist’ within 28 days of the event. This is provided receipts and invoices have been forwarded to the ‘client’ by the ‘artist’ in reasonable time.
The ‘client’ must ensure that the performance venue is able to provide a safe source of power (for non-acoustic acts), 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 results due to venue restrictions, the ‘client’ will still be liable for cancellation fees as outlined in ‘Clause 6: Cancellations’. 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 sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering the ‘artist’ incapable of unloading, or after unloading the ‘artist’ is unable to secure legal parking within a ½ mile radius of the venue, the ‘client’ agrees to pay for any parking expenses thereby incurred. Any charges should be paid by the ‘client’ to the ‘artist’ on the day of the event, in addition to the outstanding balance.
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.
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 cancellation fees as outlined in ‘Clause 6: Cancellations’ of these Terms and Conditions. Provisions outlined in this section are negotiable between the ‘client’ and ‘artist’ via the ‘agent’, but any modifications should be written into the ‘Booking Contract’ specifically. The provisions contained within this clause must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract.
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 utilising electrical equipment having it P.A.T. tested annually. In addition, the ‘artist’ should undertake Public Liability Insurance. The ‘artist’ is fully responsible for these matters.
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’.
Cancellation by either party is not allowed except where ‘Clause 9: Force Majeure’ applies or where the ‘client’ and ‘artist’ mutually agree to cancel the booking. In either event forfeiture of the booking deposit will result.
Both parties agree that in the event of a cancellation the ‘agent’ must be informed immediately. If the ‘client’ has cancelled for reasons other than those outlined in ‘Clause 9: Force Majeure’ cancellation fees shall apply and are based on the following:
Where it is not possible to amend the contract prior to the event (for example on the day itself), changes should be agreed between the ‘artist’ and the ‘client’.
If an ‘artist’ has been asked and agrees to perform later than the agreed finish time specified in the ‘Booking Contract’ a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event.
If the timings of the event are overrunning due to no fault of the ‘artist’, the ‘artist’ is under no obligation to finish later than the time specified in the ‘Booking Contract’ and is still due full payment.
If an ‘artist’ has been asked and agrees to perform for longer than the time outlined in the ‘Booking Contract’ (i.e. extend a 45 minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event. However, the ‘artist’ is under no obligation to extend their performance should they not wish to.
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.
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.
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in ‘Clause 6: Cancellations’ shall be unenforceable.
‘Agent’ in these terms and conditions relates to both the direct booking agent and also ‘Like It Live Music Ltd’ who assert the right to enforce any of the provisions contained herein on behalf of the ‘artist.