Booking terms
Booking Conditions AKA the small print!
Booking Conditions AKA the small print!
1) The Artiste’s engagement under this contract is such that he/she would normally be treated as self-employed for National Insurance & Income Tax Purposes by reason of being engaged under a contract for services.
2) Force Majeure - neither the Artist nor Hirer will be liable for any failure or delay in performing an obligation under this Contract mentioned hereinafter as a force majeure event, which includes but is not limited to definitions such as, acts of God, riots, war, terrorist acts, periods of national mourning, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil disorder, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion directly affecting the venue or the order of the Licencing or any Public Authority having jurisdiction. All parties agree to enter good faith discussions to renegotiate the Contract. If an agreement cannot be mutually reached and the Hirer has pre-paid, in full or in part, for the engagement, all payments will be refunded to the Hirer in settlement of any liability in respect of such engagement excepting any sums that the Artist has outlaid specifically for this engagement that cannot be recovered. For the avoidance of doubt, force majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
3) Illness - in the event of accident or illness preventing the Artiste from appearing, the Hirer shall be informed at the earliest possible opportunity and, if required by the Hirer, the Artiste must provide a medical certificate forthwith. The Hirer shall not be obliged to pay the Artiste’s fee for any performance(s) in respect of which the Artiste is unable to perform. The booking Agent shall make his best endeavours to assist the Hirer to find a replacement Artiste if so requested.
4) Disputes - any dispute concerning an engagement under this contract may be referred to The Variety and Light Entertainment Council for arbitration. Attendance at the arbitration hearing is not obligatory on either party. A referral is still valid providing one of the parties is a member of a VLEC constituent organisation or registered with the VLEC. This does not preclude the right of either party to take legal proceedings.
5) Infringements - the Artiste shall not infringe any copyright, patent or other proprietary rights of any party and, in the event of infringement, shall indemnify the Hirer from and against all damages, liabilities and costs incurred by the Hirer in consequence thereof. If the Artiste’s performance is contrary to the law or is objected to by any Licensing or other Public Authority, the contract in respect of which the objection is made may be cancelled by the Hirer unless the Artiste shall forthwith change his/ her performance to remove the illegality or objections.
6) Health & Safety - the Hirer undertakes to provide a safe working environment. All those providing electrical equipment shall ensure that they hold the relevant safety documentation for the equipment they provide. All signatories to this contract are advised to hold Public Liability Insurance. Equity and Musicians’ Union members “in benefit” are covered by the respective group Public Liability Insurance policies.
7) Exclusive Contract - The Artiste warrants that, at the time of signing this contract, he/she is not under contract to any third party that might preclude him/her from fulfilling the engagement(s) and that he/she will not subsequently enter into any such contract.
8) Recording & Broadcasting - The Artiste is not obliged under this contract to take part in any audio/visual broadcast or recording in any media from the Venue whether or not during a normal performance and, if the Artiste agrees to any such broadcast or recording, he/she will be free to negotiate a separate fee. Audio/visual recording by the Hirer shall be prohibited unless express consent is given by the Artiste. The Hirer will use his/her best endeavours to ensure that members of the audience act similarly.
9) Prohibition of act by payment of full contractual fee - provided that the Hirer pays the Artiste his/her full contractual fee subject to the Artiste duly rendering services or being ready, willing and able to do so, the Hirer may, without giving any reason, prohibit the whole or part of the Artiste’s performance. 10) Cancellation- Cancellation by either party to this contract may only take place by mutual consent which must be confirmed in writing by both parties.
11) Online Performances - If a scheduled online performance is unable to proceed or is interrupted or delayed due to a technological fault such as equipment malfunction, mains power, telephonic or broadband connection, then every endeavour must be made to remedy such a fault within a reasonable timeframe to enable the performance to continue. If this is not possible and the performance has to be cancelled due to a fault with the Hirer's equipment or connection, then full payment will be due to the Artist. If the performance has to be cancelled due a fault with the Artist's equipment or connection, then no fee will be payable. Should the fault not be within either the Hirer's or the Artist's reasonable control, such as a wider connection or power failure, then a mutually agreed date, where possible, must be rescheduled.
12) Loss of Property - it is a condition of this contract that the Hirer is not responsible for loss of, nor damage to, the Artiste’s property unless such loss or damage is caused by the Hirer or his/her servants or agents and/or the property is in the possession or control of the Hirer at the time of loss or damage. 13) Agency - in the event of this contract being made without the intervention of an Agent, the Hirer shall not charge, nor deduct any commission, and in the event of this contract being negotiated through an Agent, the Hirer may only deduct commission for the Agent on the written instruction of the Artiste.
14) Children’s Entertainers - If a Children’s Entertainer is engaged under this contract the Hirer shall ensure that an appropriate number of responsible adults is present at all times which shall be at least two in addition to the Artiste.
15) Confidentiality - The Artiste and Hirer agree to respect at all times the confidentiality of the business of all parties relating to this engagement including but not limited to the fees and other financial terms and that he/she/they will not engage in any public pronouncements that may be detrimental to the reputation of the Artiste, Hirer, fellow performers or venue/s and their staff. Such ‘public pronouncements’ including but not limited to Twitter, Facebook and all other such social media sites. In the event of a Freedom of Information request any personal data provided to the enquirer shall be in line with Data protection legislation.
16) These terms may be updated or changed by the artiste, the hirer will be given written notice of any changes made between time of booking and date of event.