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Ts & Cs

 

 

Fusion Functions & Events Ts & Cs

 

 

DJ/Band/Singer/Tribute Act – Customer Terms & Conditions

Definitions

“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 (DJ, Band, Singer etc) as on confirmation invoice

“the Venue” – the performance venue named on confirmation invoice

“the Engagement” – the performance engagement/event detailed on confirmation invoice

 

1. Authorisation

1.1 This Contract represents written confirmation of a prior verbal or written agreement and no signatures are required to bring it into force.

 

2. Your Right To Cancel Within 7 Days of Booking

2.1 Immediately upon receipt of the Invoice, the client must read the terms and conditions contained herein. If the client 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2.2 The Contract cannot be rescinded when it has been verbally agreed by all parties within the 14 day period prior to the date of the Engagement.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.

 

 

4. Payment of Booking

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 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 on the day of the engagement.

4.5 If the Client elects to pay the remainder of the balance by bank transfer and payment has not been received 14 days prior to the event, the Agent may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in in the Cancellation section below.

4.6 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.

4.7 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.

 

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 The Client is responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behavior 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.

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.

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 Client wherever possible. If due to unforeseen circumstances the Artist/Supplier is required to substitute a performer/supplier, no reduction in fee for the use of a substitute performer/supplier is applicable and does not constitute grounds for cancellation.

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 If the Artist/Supplier is unable to perform due to Illness, every effort will be made by the  Agent to seek a replacement. . The word “illness” shall mean and include any bodily or mental infirmity.

7.3 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.

7.4 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. Complaints

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.

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. Cancellation

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/Supplier 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.

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 they see 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.

 

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Uplighting Hire Terms & Conditions

  • The Company holds full public liability insurance for £5,000,000, please notify us if your venue requires sight of said document.
  • Beverages or food of any kind are to be kept away from the uplighting and any spillages that damage Company equipment will be the Clients responsibility.
  • The Company reserve the right to terminate the hire if there is abusive or threatening behaviour from guests or behaviour that is likely to cause damage to the Company’s equipment.
  • The Client shall remain responsible for any damage caused by their guests to the Company’s equipment.
  • The Client agrees to indemnify the Company for any theft or damage caused by the Clients’ guests during the hire period. The Company will commence legal proceedings within 14 days of the event if the Client does not settle such promptly
  • The Company accepts no liability for any damage or loss of personal property or any injury arising as a result from using the equipment.
  • By booking the Uplighting you are agreeing to the above Terms & Conditions.

 

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Starlit LED Dancefloor Hire – Terms & Conditions

 

Definitions by Law
By Owner, we mean the Owner, Enchanted Events, will will thus be referred to as ‘The Owner’
We’ ‘Us’ and ‘Our’ means the supplier of goods.
‘You’ or ‘Your’ means the hirer of goods
‘Goods means all goods hired by us to you( ie Dancefloor)
Payment of your deposit and signature on your booking form, is deemed as you having read, understood and accepted our terms and conditions.
All bookings are between the hirer and the owner
The hirer is the person named on the booking form and who has also agreed to all the terms and conditions.

 

 

1 This Contract represents written confirmation of a prior verbal or written agreement and no signatures are required to bring it into force.

1.1: All hire goods remains the property of The Owner.
2: During the period of hire, The Hirer shall be solely responsible for the Hired Goods and insuring the Goods for theft or damage
3: The Owner shall not be responsible for any injury, death or damage to property how so ever sustained arising from our Goods under hire
4: The contract from the hire of goods is between The Owner and The Hirer. It is the Hirers responsibility to ensure that the venue is clearly instructed so that the terms and conditions are met.
5: The Owner will charge the Hirer for any costs due to terms and conditions being broken. It is then the responsibility of the Hirer to reclaim any of these costs from the venue if the venue was at fault
7: Shortages and damages to hired goods will be charged at the full replacement cost. No substitute item will be accepted by The Owner
8: The Owner will inform The Hirer within 7 days of any damages or missing items concerning any of the hired Goods. An invoice will be sent outlining the amount of damage and costs
9: Collection of Goods will be made by The Owner either immediately after the event or the morning after an event with a prior agreement made with the Hirer/Venue.
10: Charges will be made for any damaged Goods including Goods that have been dragged on the floor, ground in earth stains, burns, holes, rips and tears, candle wax, grease, mould, mildew, deep staining or broken. This list is not exhaustive and charges will be made for any permanently damaged or stained Goods.
11: If goods are not returned at the end of the agreed hire period The Owner has the right to charge for the cost of replacement Goods.
12: Cancellation

Up to 56 days prior to event – Loss of Deposit

Within 56-14 days – Loss of Deposit + 50% of remaining Balance

Within 14 days – 100% of Balance

 

In exceptional circumstance The Owner can allow the deposit to be transferred to another date with the same decoration. Transferable deposits are at the Owners discretion

 

13: Any unpaid cancellation charges after 30 days of invoice will be passed to a collections agency who will act on behalf of The Owner. Further charges will be added to your amount payable
14: We reserve the right to cancel your booking if payment is not received when due

15: A non-refundable deposit is due when agreement has been made by both parties for the booking. The deposit allows The Owner to keep the date free for your event.

16: Unless otherwise specified on the invoice, The full balance must be paid 14 days before the event. Payments can be made bank transfer or cash. For booking made within 14 days the full balance is required upon receipt of the invoice unless an alternative arrangement has been agreed. This payment would be non-refundable.

 

17. Liquid spillages on the dance floor can occasionally result in component failure. The hirer is liable for any damage caused and replacement costs. This can also result

18. It is the responsibility of the hirer to ensure that your guests refrain from drinking and eating on the dance floor

19. No Hard heeled shoes such as tap shoes to be worn on the floor.

20. The client is aware that the surface which the floor is to be laid, needs to be both flat and dry. An uneven floor can result in the LED panels not working as the panels cannot connect properly. Our staff have the right to refuse to lay the dance floor if they find the surface on which it’s to be laid is either uneven or wet.
21. The client is to be aware that items on the dance floor such as metallic confetti, imitation snow or other similar items can result in the dance floor not working if these items get into the contacts

22. Fusion Functions & Events shall not be held liable for any slips, trips or falls on the dance floor

23. The client must be aware that it is their responsibility prior to booking our dance floor to ensure the correct size is ordered and will fit your venue. Once our fitting team are at your venue they will only lay the floor size suitable for the space provided by your venue. In the event that the area is smaller than the dance floor size hired then no refund or monies returned will be due to the client.

24. Unless otherwise agreed, the Hirer must make sure the venue provides an electrical supply meeting or exceeding British Standards within five metres of the Dancefloor area.

 

25. The Hirer must ensure there is good access to the function room with ramps which will allow a dancefloor trolley to be wheeled into the venue and through adequate width doorways. (Trolley is 670mm wide and 1400mm long). If it is not possible to do this they must inform the hirer immediately as it may not be possible to provide our service. If the dancefloor pieces have to be carried in individually there will be an additional charge. Please note this means set up will take considerably longer.

26. Our dance floor fitting team will always take photographic evidence of every dance floor set up once it is in working order. After this point refunds will not be given.

27. By booking our White Starlit Dancefloor you are agreeing to the above Terms & Conditions.

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Magic Mirror Terms & Conditions

  • Fusion Functions & Events shall herein be referred to as ‘The Company’
  • ‘Client’ shall herein be the person or entity described as such on invoices and booking confirmations and shall also include any person acting on behalf of such person or entity.

 

 

1 This Contract represents written confirmation of a prior verbal or written agreement and no signatures are required to bring it into force.

 

  • The Client agrees to accept these terms and conditions of the Company on any booking made.
  • On acceptance of these terms and conditions by the Client, said terms and conditions are irrevocable and can only be amended with the written consent of the Company.
  • The Client shall ensure that all details given of the venue are correct.
  • The Client must notify the Company at the booking stage if the access to the function room at the venue where the Company will operate a photo booth or any other form of entertainment is difficult, in respect of presence of stairs, narrow passageways, inability to park directly outside venue or any other factor that prevents ease of access from delivery van to function room. If this cannot be clarified at the booking stage this must be notified to the Company within 7 days of booking. Booking is when the Company issues a Booking Confirmation to the Client.
  • The Client must provide a safe parking position for the Company’s vehicle during the duration of the event.
  • We would request a period of 90 minutes prior to the hire start time to set up the equipment. If an earlier set up time than this is required then waiting fees may apply.
  • Paying a booking deposit is a binding guarantee of contract.
  • The Company requests a deposit payment of £50 on receipt of the Booking Invoice. The remaining fees must be paid either prior to the event date by bank transfer or on the night in cash. Deposit payments are non-refundable. All payments are non -refundable within 30 days of the event date.
  • In the event that the event date needs to be altered by the Client after monies are paid we will be willing to change the booking date subject to availability.
  • In the instance of any unforeseeable events including but not limited to acts of war, terrorist activities, fire, explosion, strikes, lock-outs, acts of God, adverse weather conditions, burglary, malicious damage or any other cause beyond the control of the Company that prevent the Company from achieving our contracted responsibilities our liability shall be limited to a refund of any monies paid in the relation to the event for the Company’s service. No further compensation will be paid irrespective of any loss of earnings or any other loss related to this event.
  • The Company reserves the right to substitute equipment hired with as similar as possible in regard to what time / events allow without notice in the event of previous damage or loss of booked equipment.

 

 

Venue Location

  • The Client must ensure that the area the photo booth is to occupy must be a minimal space of 3m wide x 2m deep
  • Once set up the photo booth must not be moved for the duration of the hire period.
  • The Client is to ensure that there is a safe 240v AC mains supply available, close to where the mirror will be set up and throughout the hire period.
  • Our Magic Mirror Booth is for indoor use only, requires one mains socket and must be on a completely flat & level surface.

 

Photo Booth / Mirror Booth use

  • The Company reserves the right that all photos taken in the booth can be uploaded to our social media pages if we choose to do so and used in Company promotional material, if you do not want this then you must inform the Company in writing in advance of the event.
  • The Company cannot be held responsible for any guests who upload photos to social media sites, websites or any publication whatsoever.
  • The Customer agrees to maintain the Company free from any liability arising out of the photos taken, without limitation, any claims for libel or invasion of privacy
  • Beverages or food of any kind are to be kept away from the booth and any spillages that damage Company equipment will be the Clients responsibility
  • The Company reserve the right to terminate the photo booth or other entertainment hire if there is abusive or threatening behaviour from guests or behaviour that is likely to cause damage to the Company’s equipment.
  • The Client shall remain responsible for any damage caused by their guests to the Company’s equipment.
  • The Client is responsible for their guests to ensure that they conduct themselves in a proper manner at all times.
  • The number of guests permitted to use the Mirror booth at a single time will remain the decision of the booth attendant at the event and will depend on the age and size of guests wishing to use it.
  • No-one is permitted to touch any of the equipment while the photo booth is unmanned for any reason.

 

 

 

Liability

  • The Company holds full public liability insurance for £5,000,000.
  • The Client agrees to indemnify the Company for any theft or damage caused by the Clients’ guests during the hire period. The Company will commence legal proceedings within 14 days of the event if the Client does not settle such promptly
  • The Company accepts no liability for any damage or loss of personal property or any injury arising as a result from using the equipment.
  • The Company reserves the right to alter these Terms & Conditions without notice.
  • If any of these terms and conditions is found to be invalid or unenforceable in whole or part, this shall not affect the validity or enforceability of the remaining terms and conditions which will remain in full force and effect.
  • By booking the Magic Mirror Booth you are agreeing to the above Terms & Conditions.

 

 

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Singer/Band/Tribute – Perfromer Terms and Conditions

 

Definitions

“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. Authorisation

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. Complaints

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. Cancellation

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.

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