Terms and conditions

Terms of business

1. International Event Bookings Ltd (CRN +447944531887 known as the “Agent”, with registered office at:120 Bramham Drive, Harrogate, North Yorkshire, HG32UB, for the benefit of all parties involved, will issue the following terms and conditions:
  a) On confirmation of a booking, VERBALLY, ELECTRONICALLY OR IN WRITING, the Agent will issue the terms and conditions, the Entertainment Booking Form and the Contract to the Client for acceptance. 
  b) The Agent will issue the terms and conditions, the Entertainment Booking Form and the Contract to the Artist for electronic signature, who is obliged to return it within 48 hours.

2.  The contract is negotiated by the Agent and is made between the: 
  a) Client and the Agent;
  b) Agent and the Artist.
2.1. Under no circumstances will the Artist disclose any information regarding contract clauses to the Client or any third party. 
2.2. The Agent will store the contract for safe keeping 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 twenty-four months.
2.3. 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 Agent), and in any circumstances the artist will be informed within 24 hours. All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.

3. Payment of fees
3.1. All fees payable for The Event will be invoiced to the Agent on the day after completion of the performance. Payment of the fee will be paid by the Agent via bank transfer within 14 days of the issue date of the invoice.
3.2. Under no circumstances will the Artist disclose any information regarding rates/fees for their performance.
3.3. The client is obliged by a confidentiality agreement in respect to fees and rates, also referred to as non-disclosure clause and is prohibited to enquire about such aspects. 
3.4. Both the Artist and Client undertake not to disclose any details in regards to remuneration to either of them or any third party. 

4. Cancellations

Cancellations by the Agent 
4.1. The Agent shall have the right to cancel the contract for individual performances without penalty: 
  a) In the case of a Force Majeure Event provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.  
  b) Where high/low water situations are applicable, provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the high/low water situation.
  c) In any other situations that may occur and that are independent of the Agent’s will, but within the culpability of the Client.
4.2. The Agent will notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
4.3. It is mutually agreed that neither party shall be responsible for any provision in this contract when prevented from complying with a contractual provision due to any Act of God or any other legitimate condition beyond the control of the appropriate party.   
4.4. The Client shall provide such security as it seems reasonably necessary and incidental to the Event venue, and the Artist shall comply to every designated security measurments at least 72 hours prior to the commencement of the Event (security list completed as given and signed). The required documents are in perfect alingment with all local laws, ordinances and regulations, and they shall be subject to the stipulations, rules and control of Client’s security at all times while on the premises of the cruise policy.
4.5. If the Client does not cancel a Contract in accordance with aforementioned clauses or for any reason other than a Force Majeure Event or Act of God situations, the Agent shall be liable to pay a cancellation fee.

CANCELLATION PERIOD                          CANCELLATION FEE
More than 15 days before the even        nil
Up to 24 hours before Event                      25% of fee

4.6. All cancellation fees shall be paid by the Agent within 30 days of the Event Date.

Cancellation by the Artist
4.7. The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event or Act of God situations.
4.8. The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of these situations.  
4.9. The Agent 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. 
4.10. Should the Artist purport to terminate a Contract for any reason other than the ones specified at 4.8., the Artist will be liable to one of the following:
 - Shall pay within 5 working days to the Agent an administration fee equal to the Performance . The Artist shall be liable to pay the difference between the original Total Performance Fee under this contract and the new fees charged by any replacement artist arranged for the Client by the Agent up to a maximum higher price difference of 20% of the Total Cost.
- The Artist 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.
4.11. Should a replacement artist charge a lower fee, the Client will be charged that lower fee. The Agent shall use reasonable steps to contact the Client and Artist to agree this in advance.
4.12. The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.

5. Complaints
5.1 If through their own fault the Artist is unable to fulfill part of the event schedule or breaks the terms of this contract and the Client wants to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no more than 30 days after the Event Date. Full payment must still be made to the Agent 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 Agent within the terms of this Contract will incur charges outlined in clause 3.7. above.
5.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist, the Agent will use reasonable steps to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, the Agent will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agent 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 Agent cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
5.3 Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, but not confirmed by the Agent in writing, shall be dealt with between the Client and the Artist directly. The Agent shall not mediate over these changes.

Changes on the Event Date
5.4. Where possible, changes to the contract schedule, which are unavoidable on the Event Date, should 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. 
5.5. If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Agency must be informed by the Artist and the Client within 7 days. The Client should make payment to the Agency of any additional fees payable to the Agency within the time period stipulated in the Contract. 
5.6. Any other changes will be subject to these terms and conditions.

Delayed event schedules and late finish fees
5.7. 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.
5.8. 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 fee per ½ hour over run, will payable by the Client to the Agent within the terms of the contract payment period. The Agent should be advised within 7 days by the Client and Artist of late agreed late finish. The artist will be reimbursed late payment fees with the contracted fee within the period of payment specified in the contract.
5.9. The Artist has the right to refuse to finish later than the contracted finish time, without penalty.

6. Re-engagement of the Artist
6.1 The 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 24 months after the Event Date on this contract. 
6.2 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 Agent to the Client, their guests, staff, venue or contractors.  
6.3 If the Artist is approached by the Client, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Artist shall notify the Agent immediately and account to the Agent an amount equivalent to the Deposit that would have been payable had the booking been made with the Agent. 
6.4. For the time that the present contract produces its probative force between the parties and also for the period covering the issue date of this Contract until 24 months after the Event Date on this contract, the artist agrees not to enter into or start a similar profession or trade in competition against the Agent.

7. Artist equipment and other requiremnets
7.1 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.
7.2 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. 
7.3 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. 
7.4 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.
7.5 A sound check to be conducted by the Artist of the Event’s sound system is required, at a time to be mutually agreed between the Artist and the Client. 
7.6. The Client will secure sufficient parking for the Artist transport within a reasonably convenient distance to the Venue for a minimum period of 1 hour before the Event and 1 hour after the Event.     

8. Security, Health and Safety
8.1 The Client warrants that the Venue will be of sufficient size to safely conduct the show, that the Venue is of a stable construction and sufficiently protected from the weather, and that there will be adequate security and or emergency medical responders available if necessary.
8.2 The Client has sufficient Personal Injury and Liability insurance sufficient to cover foreseeable claims.
8.3 The Client indemnifies and holds Artists harmless for any claims of property damage or bodily injury caused by Show attendees.
8.4. The Artist will perform using their standard group of performers as advertised to the Agent and the Client unless otherwise agreed by the Agent and the Client in advance, or 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 Agent and expected by the Client. 
8.5. 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.
8.6 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client. 
8.7. If the Client is not happy with the deputy performer it has the right to cancel the booking without penalty and the Artist shall be considered as having cancelled the Contract and clause 6 shall apply.
8.8 There will be no reduction in the Artist's fee if a deputy performer is used.
8.9. Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.

9. Force Majeure Event
9.1 A "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.
9.2 An “Act of God” is an event outside human control, such as sudden natural disasters, for which no one can be held responsible.

10. Equal Opportunity Clause
10.1 International Event Bookings is an Equal Opportunity company that engages with people of any race, color, sex, sexual orientation, national and ethnic origin to all the rights, privileges and activities generally accorded or made available from the Client for the Agent. 
10.2. The Client shall not discriminate in any manner against any artist because of race, sex, age, color, marital status, religion, national origin or political affiliation. 
10.3. If any party fails to fulfil its obligations under this agreement properly and on time, or otherwise violates any provision of this agreement, the Agency/Client/Artist may terminate the agreement following the 5 clause. 
10.4 It is mutually agreed that any attached appendix between the Agent and the Artist pertaining to this engagement is supplemental and subordinate to Contract. 
10.5 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.
10.6. 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 - ARTIST SERVICE GUARANTEE

1. The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artist's show, as known to the Agent and as advertised to the Client via distribution of the Artist's demo CD's, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their 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.
2. Customer satisfaction is of utmost importance to the Client. As such, the Client distributes survey forms to its passengers that seek to evaluate of entertainment events. The survey rates the services provided on a system of excellent, good, fair and poor. The Client must maintain an excellent customer satisfaction rating of 85% or above. In the event that the rating drops below such a rating, then the Client shall have the right to terminate this Agreement.  
3. The Artist 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 Artist's responsibility to ensure the good working order and safety of their own equipment, and to obtain all necessary insurances & certification.
4. The Artist 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.
5. The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
6. 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. 
7. The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
8. The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon himself or herself, The Agent, or the Client.
9. The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
10. 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 Agent.
11.1. 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.
11. 2. The Artist is not employed by the Agent but acts as self-employed under a Contract For Service. The Artist will be responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
11.3. The Artist accepts full responsibility for maintaining their own Public Liability Insurance, their own equipment insurance, vehicle insurance and for carrying out testing of their equipment.
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