Ts & Cs
Terms and Conditions
“the Contract” – the booking confirmation invoice and these terms and conditions
“the Agent” – Fusion Functions & Events
“the Client” – the client named on confirmation invoice
“the Artist/Supplier” – the artist/supplier named on confirmation invoice
“the Venue” – the performance venue named on confirmation invoice
“the Engagement” – the performance engagement/event detailed on confirmation invoice
1.1 This Contract represents written confirmation of a prior verbal or written agreement and no signatures are required to bring it into force.
1.2 The Agent acts as an Employment Agency for the purpose of this Contract.
1.3 Whilst every reasonable safeguard is assured, the Agent is not responsible for non-fulfilment of the Contract by either party and accepts no responsibility for losses or damages arising as a result of this Contract. If for any reason the Artist/Supplier cannot perform/provide their service at a confirmed engagement, the Agent has the authority to use a substitute Artist/Supplier if they are deemed a suitable replacement by the Agent in which case the Client would be notified. This does not constitute grounds for cancellation unless the performer being replaced is of significant celebrity status.
1.4 The Client and the Artist/Supplier warrant that no previous contract exists that may prevent this Contract from being fulfilled and that no future contract will be entered into from the date of this Contract.
1.5 No servant or sub agent of the Agent has the power to vary these terms and conditions.
1.6 If any term of this Contract is held by any competent authority to be invalid or unenforceable, the remainder of its terms shall still remain in force.
2. Your Right To Cancel Within 7 Days of Booking
2.1 Immediately upon receipt of the Invoice, each party must read the terms and conditions contained herein. If either party does not want to be bound by the terms and conditions of the Contract or has any doubts whatsoever, they must notify the Agent in writing within 7 days from the date of issue to request that the Contract be revoked.
2.2 The Contract cannot be rescinded when it has been verbally agreed by all parties within the 14 day period prior to the date of the Engagement.
3. Terms of Engagement
3.1 The Contract is subject to the terms of engagement detailed in the booking confirmation invoice, including any additional clauses. Failure of the Artist/Supplier to adhere to the terms detailed therein constitutes a breach of contract and may result in claims for damages by the Client.
3.2 The Client agrees not to approach the Artist directly to engage for further bookings. All future bookings are to be made via the Agent for a period of 12 months from the date of the Engagement.
3.3 The Contract may be subject to a ‘rider’ containing the Artist’s/Suppliers technical requirements, food, travel and accommodation needs. The rider will be agreed in advance, its existence detailed in the accompanying invoice and will form an integral part of the Client’s Contract.
4. Payment of Booking and Artist/Supplier Fees
4.1 The booking deposit specified on the Invoice is due within 7 days of the issue of this Contract and an accompanying invoice.
4.2 The booking deposit is charged directly to the Client for sourcing and securing the Artist/Supplier for the Engagement, with deposit amount specific to the service being booked. This is non-refundable in all circumstances, remaining with the agent.
4.3 If the booking deposit has not been received within 7 days, the Agent will notify the Artist/Supplier without delay and the Artist/Supplier may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in the cancellation section of these terms and conditions.
4.4 Unless otherwise specified on the invoice, the remainder of the agreed fee should be paid either directly to the Agent no later than 14 days prior to the engagement by bank transfer or cheque or to the artist/supplier on the day of the engagement.
4.5 Where the Agent is holding the Artist’s/Supplier’s fee, payment of the agreed amount will be made to the Artist/Supplier within 7 days following the Engagement subject to the Artist/Supplier providing a suitable invoice. If the Artist/Supplier is VAT registered, a valid VAT invoice is required for payment.
4.6 If the Client elects to pay the remainder of the balance through the Agent and payment has not been received 14 days prior to the event, the Agent will inform the Artist/Supplier and the Artist/Supplier may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in in the Cancellation section below.
4.7 Alternatively, the Client may pay the remaining balance to the Artist/Supplier on the day of the engagement. When paid on the day of the Engagement, the Artist’s/Supplier may be paid in cash or, at the Artist’s/Supplier’s discretion and subject to prior written agreement, a cheque. The Artist must provide a suitable invoice for payment at the request of the Client and must send either a copy of this invoice or written confirmation of the payment to the Agent detailing the amount which was paid directly to them.
4.8 For all bookings made within 14 days of the Engagement, the full balance is required upon receipt of the invoice and this contract, unless an alternative arrangement has been agreed by all parties, and would be non-refundable.
4.9 The Agent is hereby authorised to accept a deposit up to 100% of the Artist’s/Supplier’s fee on behalf of the Artist/Supplier and to retain the whole of any such deposit as payment or part payment of any outstanding fees and/or overdue accounts.
4.10 If the Client has agreed to cover additional costs or expenses, such as accommodation or transport (as detailed on Confirmation Invoice), these must be paid to the Artist/Supplier within 14 days of the Engagement date. Invoices and receipts must be provided by the Artist/Supplier to the Client on request.
4.11 The booking deposit, Artist’s/Supplier fee or both may be subject to VAT at the current rate. This will be indicated clearly on the invoice.
5. Client Responsibilities
5.1 The Client must ensure that the Venue is able to provide a safe and appropriate working environment for the Artist/Supplier. For Artists, a suitable performance area must be provided and any potential Health and Safety issues should be disclosed to the Agent prior to the confirmation of any booking.
5.2 Unless otherwise agreed, the Client must provide an electrical supply meeting or exceeding British Standards within five metres of the performance area, where electrical equipment is to be used as part of a performance.
5.3 The Venue must be capable of accommodating the Artist’s performance/Suppliers requirements in all respects, including possessing appropriate licenses and without the presence of inhibiting noise limiters. If non-performance results due to the Venue’s restrictions, the Client will be liable for cancellation fees as detailed below.
5.4 Where the Artist is expected to wear stage clothing or costumes, the hirer must provide suitable changing facilities.
5.5 The Client is responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any individual, the Artist/Supplier is entitled to cease the performance and still be paid in full.
6. Artist/Supplier Responsibilities
6.1 The Artist/Supplier will perform/provide a service for the Client to their highest standard and in the manner in which they have represented themselves to the Agent via their promotional material and as portrayed on the Fusion Functions & Events website or on any other website.
6.2 Unless specifically detailed on the booking confirmation, the Artist/Supplier should provide all relevant equipment to carry out their performance/role during the engagement.
6.3 The Artist/Supplier is required to hold full valid Public Liability Insurance covering the Engagement date and hold current electrical safety (PAT) testing documentation where applicable. Artists/Suppliers are advised to carry comprehensive insurance cover for equipment, props and other valuable items and for catering suppliers valid Food Standards Agency certificates must be accessible to clients if requested.
6.4 The Artist/Supplier offers an assurance that they and all supporting Artists/Suppliers, technical crew and other associates, will conduct themselves in a responsible and professional manner at all times, with due regard to Venue rules, regulations and Health and Safety requirements.
6.5 The Artist/Supplier should use the line-up as represented to the Agent and Client wherever possible. If due to unforeseen circumstances the Artist/Supplier is required to substitute a performer/supplier, the Artist/Supplier will notify the Agent without delay and warrants that any performer/supplier utilised is suitable. No reduction in fee for the use of a substitute performer/supplier is applicable and does not constitute grounds for cancellation unless the performer being replaced is of significant celebrity status.
6.6 The distribution of the Artist’s/Supplier’s own contact details by any means in order to gain future work directly shall be regarded as a breach of the Contract and may render the Artist/Supplier liable to pay severe damages in respect of that breach.
7. Failure To Perform
7.1 The Client shall not be required to pay the remaining balance for any engagement where the Artist/Supplier is unable to perform/provide by reason of any cause beyond the Client’s control (“Force Majeure”) such as National Mourning, War, Fire, Acts of Terrorism, Strikes or Lock-Outs directly affecting the venue, or the by Order of the Licensing or any Public Authority having jurisdiction. In any such event, notice must be given to the Artist/Supplier immediately, failing which the Client must pay reasonable expenses.
7.2 In the event of the Artist’s/Supplier’s illness the following provisions shall prevail. The word “illness” shall mean and include any bodily or mental infirmity.
• If the Artist/Supplier is unable to perform through illness, the Artist/Supplier shall notify the Agent immediately -
The Artist/Supplier shall, if required by the Client, submit to examination by a fully qualified medical practitioner nominated by the Client, with the costs of such an examination being borne by the Client.
7.3 If the Artist/Supplier is unable to perform/provide at the Engagement for any reason and the Agent fails to provide a reasonable alternative, the Client shall not be obliged to pay the outstanding balance in respect of the Engagement.
8.1 In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the Agent within 14 days. The Agent will mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the Client and Artist/Supplier should seek independent legal advice. The Agent is not responsible for the Client or Artist/Supplier and their failures but will attempt to settle all disputes swiftly and satisfactorily.
8.2 Complaints arising from arrangements made between the Client and the Artist/Supplier but without consultation of the Agent should be settled between the Client and the Artist exclusively.
9.1 Cancellation by either party is not permitted except where Clause 7 above applies or where the Client and Artist/Supplier mutually agree to cancel the Contract and confirm this in writing to the Agent.
9.2 The deposit paid by the Client is non-refundable in all circumstances and remains with the agent.
9.3 Should the Artist/Supplier request cancellation of the Contract, the Agent will inform the Client without delay and attempt to source a suitable alternative. On occasion, an alternate act/supplier may not be available and, in this instance, the Agent will refund the Client in full.
9.4 Should the Client request cancellation of the Contract, the Agent will inform the Artist without delay and will be subject to the following conditions:
|CANCELLATION PERIOD||CANCELLATION FEE|
|more than 56 days before Event||Loss of Deposit|
|56-15 days before Event||Deposit Amount + 50% of remaining balance|
|Within 14 days of Event||100% of Balance|
9.5 The cancellation fees detailed above are payable to the Artist/Supplier or Agent within 14 days of cancellation. The booking deposit paid to the Agent will remain non-refundable once paid and Artistes/Suppliers will not receive any payment from the deposit amount.
9.6 Provided that the Client pays to the Agent or Artist/Supplier their full fee detailed in the Invoice, subject to their duly rendering services or being ready, willing and able to do so, the Client may, without giving any reason, prohibit the whole or part of the Artist’s/Supplier’s performance/service or exclude the Artist/Supplier from any or all performances/services, as he sees fit.
10. Delayed event schedules and late finish fees
10.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist/Supplier, the Artist/Supplier is not able to perform their full performance time within the schedule outlined in this contract or provide their full service as a result of time restraints, there will be no reduction in the Artists/Supplier fee.
10.2 The Artist/Supplier has the right to refuse to finish later than the contracted finish time without penalty.
11 This Booking Agreement shall not be deemed to create any joint venture, partnership or employment contract between the parties.