Terms and Conditions
(i) In these terms and conditions:-
“Artiste” means the person providing the Services hereunder and specified as such on any agreement, contract or booking form.
“Client” means the person or body of persons responsible for the engagement of the Artiste.
“Contract” means the engagement by the Client for the provision of the Services on and subject to the Terms and Conditions.
“Fee” means the total sum in Sterling set out on the Contract for the provision of the Services in accordance with Clause 3.iii
“Performance” means the time or times for performance by the Artiste
dates” as specified on the Contract or such other times notified to the Artiste by the Client in accordance with Clause 3.iii
“Venue” means the location at which the Artiste is required to perform the Services and specifified as such on the Contract or any other location notified to the Artiste by the Client
“Services” means the Services specified on the Contract to be provided by the Artiste at the Venue on the Performance Dates
“Terms and means the standard terms and conditions set out herein.
(ii) The masculine gender shall include the feminie and neuter and the singular shall include the plural and vice versa.
(i) The Client engages the Artiste and the Artiste agrees to provide the Services hereunder subject to and on the Terms and Conditions
(ii) No other agreement, representation or promise of any kind (except in accordance with the terms hereof) shall form part of, alter, vary, amend, supercede or operate as a waiver of the Terms and Conditions or any of them unless expressly made or accepted by both parties.
(iii) The Artiste warrants that at the time of confirming the booking he is not under any Contract to any third party that might preclude him from performaing or may adversely affect or prejudice his performance of the Services and that he will not subsequently enter into any such Contract and that he has not concealed any change of professional name or description.
(i) The Artiste shall perform the Services at the Venue on the Performance Dates.
(ii) The Artiste further agrees to rehearse or prepare in advance for the Services, and will negotiate rehearsal times pro rata if required by the Client
(iii) The Artiste agrees to perform at such times and venues (subject to availability) as the Client may direct but the Client acknowledges that it shall pay the Artiste an additional amount equal to the pro rata hourly rate of the Fee based upon the number of additional hours required to be worked by the Artiste.
The Client shall pay the Fee in cash on the night of performance, or, if agreed in advance at the time of booking, may pay by Cheque, BACs, electronic transfer within 30 days of the performance.
(i) The Artiste shall not infringe any copyright, patent, moral rights or other propriety rights of any party and, in the event of any infringememnt shall indemnify the Client from and against all damages, liabilities and costs incurred by the Client in consequence thereof If the Artiste’s performance in contrary to law or is objected to by any licensing or other public authority, the Contract in respect of which the pbjection is made may be cancelled by the Client unless the Artiste shall forthwith change his performance to remove the illegality or objections.
(ii) The Artiste undertakes that:-
(a) any equipment including (but not limited to) any portable electrical appliances brought on to the Venue has a current portable appliances test certificate and each appliance is labelled to show when the last test was carried out and when the next test is due in accordance with the Health & Safety at Work et.c Act 1974, Statutory Instrument 1989 No. 635, or has been bought as a new item since the last annual test and
(b) his performance shall not be dangerous to the Artiste, audience or employees or volunteers at the Venue.
(c) The Artiste hereby agrees to pay for all losses, damages and costs incurred as a result of the Artistie breaching his undertaking set out in the paragraph 5.ii and above and further agrees to indemnify the Client against all such losses, damages and costs. The Artiste further agrees that he will be responsible for the maintenance and upkeep of any equipment as he shall have agreed to provide for use in his performance.
(iii) The artiste will not smoke in any public view or in any area restricted by law, eat or drink alcohol on stage.
(iv) The Artiste and his equipment shall have a neat and smart appearance at all times, and the Artiste will conduct himself courtesously and in a professional manner an in accordance with the rules of the Venue and will only frequent areas of the Venue permitted by the proprietors of the Venue.
(v) The Artiste shall be responsible for and shall pay and discharge all taxes, National Insurance contributions, Social Security contributions, Union or Equity contributions and any other statutory payments which may be payable from time to time by him.
(vi) In the event the Client deems it necessary to provide hotel accommodation to enable the Artiste to properly perform the Services, the Artiste shall be responsible for and shall discharge all room service and bar bills, telephone calls and any other sundry charges or bills incurred by him at the hotel.
(vii) The Artiste will at all times hold a Public Liability Insurance Policy with cover of £10million
(viii) The Artiste will hold a copy of an Enhanced CRB disclosure, and will also adhere to any legal requirements in regard to laws and acts pertaining to working with children.
In the event of the Artiste’s incapacity by reason of illness or injury the following provisions shall apply:
(i) The Artiste shall notify the Client immediately and shall send a medical certificate to the Client within three days setting forth the nature of the illness or injury, if so requested by the Client.
(ii) The Client shall be entitled forthwith to terminate the Contract by written notice to the Artiste:
(a) should the Artiste fail to perform at the opening performance and/or for two consecutive days of an engagement of not more than two weeks
(b) should the Artiste fail to perform at the opening performance and/or for three days within a period of seven days of an engagement lasting for more than two weeks
(iii) If the Artiste informs the Client that he is unable to perform byy reason of illness or injury, the Artiste shall if required by the Client, submit to examination by a fully qualified medical practitioner nominated by the Client, the costs of such examination being borne by the Client.
(i) If the Artiste shall, except through illness or injury (certified as aforesaid and not self inflicted) fail to perform the Services at any Venue or shall breach any provision of the Contract:-
(a) the Client shall be entitled to terminate the Artiste’s engagement forthwith subject to the Client paying the Artiste for performance given on a pro rata basis; and
(b) the Artiste shall indemnify the Client for all lossess claims and damages suffered by the Client by reason of the Artiste’s breach of the Contract or failure to perform the Services hereunder and the Client shall be entitled to set off any sums due to the Artisute under Clause 7.i.a above agains any such losses claims and damages.
(ii) The Client shall be entitled to terminate the Contract forthwith by serving written notice on the Artiste and on payment to the Artiste of the appropriate cancellation charge as follows:
Cancellation during engagement or within 8 days of Performance – 100% of fee
Cancellation more than 8 days but less than 29 days before Performance – 50% of fee
Cancellation more than 29 days before Performance - no fee
The Artiste may be transferred during the whole or any part of the Contract to any venue owned by or controlled by the Client or he shall act as a replacement at such venues in cases of emergency upon reasonable request.
The Client shall not be liable to the Artiste for any delay or for failure to perform its obligations hereunder if the delay or failure results from any of the following:
(i) Outbreak of hostilities, riot, civil disturbance, acts of terrorism, declared national emergency or mourning.
(ii) Fire, explosion, flood within 24 hours of Performance times, otherwise cancellation clauses apply.
(iii) Any cause or circumstance beyond the Company’s reasonable control, except bad weather.
The Client does not exclude or restrict its liability for death or personal injury to the extent it results from negligence of the Client, its employees, volunteers or agents.
The Contract shall be made when the Artiste agrees to perform at the Venue having received a verbal, written or otherwise confirmation from the Client.
No forbearance or indulgence on the party of the Client in enforcing these Terms and Conditions shall prejudice their rights hereunder nor shall it be construed as a waiver thereof.
Notices or other communications required to be given by either party under these Terms and Conditions shall be in writing and delivered personally or sent by prepaid first class registered post or by electronic mail (confirmed by read mail receipt or reply). Any notice or communication shall be deemed served immediately if delivered personally or by electronic mail (subject to receipt), or two business days after posting within the UK (7 business days elsewhere or by registered post).
(i) The Contract shall be governed in accordance with the laws of England to the non-exclusive jurisdiction of whos courts the parties by their agreement hereto shall irrevocably be deemed to have submitted.
(ii) If the Client commences legal proceeding to enforce any of these terms, the Artiste hereby agrees that he will, if the clinet is successful in its enforcement, pay the Clients legal costs and disbursement occasioned by such proceeding on a full indemnity basis.