Clause 1: Client Responsibilities
• The ‘client’ must ensure that the performance venue is able to provide a safe source of power, 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 or a below par performance results due to venue restrictions, the ‘client’ will still be liable for the total fees.
The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the artiste
• Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘artist’ is provided with free parking facilities at the performance venue for all vehicles associated with their act. Should no free parking be available the ‘client’ is liable for any parking charges incurred.
• 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. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
• 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 the total fees.
• The required elements within ‘Clause 1: Client Responsibilities’ must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in ‘Clause 1:
Clause 2: Artist Responsibilities
• The ‘artist’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves to the client 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 using electrical equipment having it PAT tested annually. In addition, the ‘artist’ should undertake Public Liability Insurance. The ‘artist’ is fully responsible for these matters.
• The fee outlined in the ‘Booking Contract’ and provided to the ‘artist’ is fully inclusive and not subject to change.
• 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, or the ‘client’.
• The ‘artist’ must contact the ‘client’ directly before the event in accordance with the time-frame detailed in the ‘Booking Contract’. This contact should be used to re-confirm the details in the ‘Booking Contract’ and finalise details.
• It is the responsibility of the ‘artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.
Clause 3 Cancellation
Where the ‘client’ has cancelled the booking for reasons other than those outlined in ‘Clause : Force Majeure’ cancellation fees shall apply and are based on the following:
• Where cancellation is made within 48 hours of confirmation no cancellation fee is due unless the event date is within the following 7 days, in which case the full booking fee will be due.
• Where cancellation is made after 48 hours of confirmation but 60 days or more from the event 50% of the total remaining booking fee is due to the ‘artist’.
• Where cancellation occurs within 60 days and up to 31 days of the event 75% of the total remaining booking fee will be due to the ‘artist’.
• Where cancellation occurs within 30 days of the event, 100% of the total remaining booking fee will be due.
All ‘client’ cancellation fees must be paid directly to the artiste within 14 days. Where cancellation fees are not paid within 14 days the ‘artist’ may take legal action. These charges together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.
Clause 4: Performance Schedule Changes
• Where it is not possible to amend the contract prior to the event (E.g. 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. 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. 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.
Clause 5: Force Majeure
• 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 3: Cancellations’ shall be unenforceable.