Booking Terms and Conditions
Acts & Attractions
The Coach House. 1a Dicconson Terrace. Wigan. WN1 2AA
Telephone 01942 496844
Members of The Entertainment Agents Association No 1078
INTRODUCTION
All bookings are negotiated by Acts & Attractions (the agent) and are made between the Client and the Artist. In this respect, Acts & Attractions issuing a contract and shall not be held responsible for a breach of this contract howsoever caused.
All terms used in the Entertainment Booking Form shall apply in these terms and conditions and are non-negotiable.
All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether in writing (confirmation), verbally or electronically.
Definitions
The following definitions refer both to the Contract and these Terms and Conditions.
Acts & Attractions is the agent, and acts as negotiator between the client and artist. Any performer, company or group of performers obtaining work through Acts & Attractions (also herein referred to as the ‘agent’) will be known as "the Artiste" and the hirer will be known as "the Management", and will speak on behalf of any other third parties whom they may be representing, including but not limited to the venue, event organisers, event staff, their clients. Acts & Attractions will act as the Agent negotiator between both parties.
PAYMENT OF FEES
All fees and commissions are subject to VAT and subject to reasonable expenses (including but not being limited to the Artist’s reasonable travel time and cost). Avanti Promotions shall provide a break- down of the
Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance, fees payable for travel, travel expenses and other expenses.
Any advance payments are due strictly within 5 working days of invoice. Deposits can only be made via
BACS transfer (Details for payment are set out on the booking form or invoice). The Deposit is non-refundable.
Unless otherwise agreed by the Artist and the Avanti Promotions in writing on the Entertainment Booking Form, the Balance is payable to the Artist either in cash or via BACS on the day of the event.
If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously and remain liable for any
cancellation fees due
Changes to the contract
This agreement may not be modified or cancelled except by mutual consent in writing and signed by both the Management and the Artiste. Any modifications made must be agreed upon in writing by Acts & Attractions.
Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should be agreed between the Management, the Agent and the Artiste. Any changes will be subject to these terms and conditions. Acts & Attractions will not be held responsible or accountable for any agreement made between the Artiste and the Management on the day of the event unless confirmed otherwise by the Agent.
CANCELLATIONS BY THE CLIENT
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE. Cancellation by the Client.
The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event
(as defined by clause 18) provided that the Client informs Avanti Promotions as soon as reasonably practicable on becoming aware of the Force Majeure Event.
Avanti Promotions shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with Avanti Promotions or another agency that the Artist uses.
If the Client does not cancel a Contract in accordance with clause above or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of
the Deposit, calculated as follows:
CANCELLATION PERIOD.
CANCELLATION FEE
14 days or less – full fee required
15 days to 31 days – 50% of the fee is payable
32 to 60 days – 25% of the fee is payable
If the artiste is able to secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only)from the new booking.
All cancellation fees shall be paid to the Avanti Promotions within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
Cancellation
Cancellation by the Management
In the event that the Management wishes to cancel the booking, the Agent will make every reasonable attempt to re-engage the Artiste for the date of performance, but depending on the circumstances, this may not be possible and cancellation charges will therefore apply.
Cancellation charges imposed by Acts & Attractions are:
Cancellation more than ONE MONTH prior to the booking date - 50% fee payable
Cancellation more than ONE WEEK prior to the booking date - 75% fee payable
Cancellation less than ONE WEEK prior to the booking date - 100% fee payable
Cancellation charges owed to Acts & Attractions should be paid to the Agent within 30 days of the date of cancellation.
Inclement Weather
In the event of the artiste(s) being prevented from presenting their act at any or all performances due to inclement weather conditions or other circumstances beyond the artiste’s control, the fee above mentioned shall nonetheless remain payable provided the artiste(s) attend the venue.
Artiste Requirements
It is the responsibility of the Management to ensure that there are sufficient parking facilities for the Artistes. If no reserved parking is available close to where the Artiste is to perform the Management agrees to pay for any parking expenses incurred by the Artiste. These expenses are agreed to be paid for by the Management in cash on the day of the event, or upon receipt of invoice from Acts & Attractions.
It is the responsibility of the Management to ensure that there is a suitable room at the venue for the Artiste to change in and store personal belongings during their performance. This room should have chairs and a table, an electricity supply and be secure (lockable).
If accommodation is booked for the Artiste by the Management this must be in a hotel or guest house of a reasonable standard. Breakfast and parking must be provided. A 24 hour check in should be available.
Responsibilities of the Artiste
The Artiste will perform for the Management to their highest standard and in the manner in which they have represented themselves to the Agent.
Unless specifically outlined by the Agent in advance of the contract, the Artiste should provide the relevant equipment in order to carry out the performance. The Artiste is responsible for the good working order and safety of their own equipment.
In addition, the ‘Artiste’ should undertake Public Liability Insurance to a minimum of £5,000,000. The Artiste is fully responsible for these matters.