Actz Entertainment Agency Ltd have made every effort to word these terms and conditions in plain English, with clarification of various clauses where deemed necessary. If you do not understand any part of these terms, please call us to clarify, or seek legal advice before you agree to them. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:
1. Definitions This booking contract is negotiated by Actz Entertainment Agency Ltd (the agent) between the client and the artist. In this respect, Actz Entertainment Agency Ltd acts as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.
2. Confirming the booking Confirmation: i) ‘Confirmation’ will mean any verbal, electronic or written acceptance of this booking by BOTH the ‘client’ and the ‘artist’. ii) All bookings take effect immediately upon ‘confirmation’. ii) Non-signature or non-return of contract is not sufficient to cancel the booking or acceptance of these terms. Actz Entertainment Agency Ltd will store the signed contract(s) for safe keeping (copies available on request) and will act as the agent negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
3. Changes to contract The agreed booking fees may be subject to change (in agreement with both the ‘client’ and the ‘artist’) if any details on the contract are altered. All changes to the contract must be arranged & agreed by Actz Entertainment Agency Ltd in advance of the event.
4. Cancellations In the event that the client cancels the booking, the client agrees to inform Actz Entertainment Agency Ltd immediately. Actz Entertainment Agency Ltd agrees to inform the artist of the cancellation immediately. i) Cancellation by the client within 30 days of the event will result in 100% of the fee will be payable by the client to the artist within 14 working days. Actz will make every effort to facilitate and assist the artiste in the payemnt of the fees. However Actz Entertainment Agency is not responsible for the payment of these fees and cannot be held legally responsible for any cancellation fees.
Cancellation by the artist: Cancellation by the ‘artist’ is not allowed for any reason except circumstances covered by ‘force majeure’ (see clause .) In the unlikely event that the artist cancels the booking, the artist agrees to inform Actz Entertainment Agency Ltd immediately and must be responsible for communicating this directly to a member of The Actz Entertainment Agency Senior Management Team (verbally). Facebook direct messages, texts, emails, voicemails or similar are NOT acceptable methods of communication. Should the artist cancel a booking under circumstances not covered by ‘force majeure’ (see clause 18) the client may pursue unlimited damages from the artist as they see fit. The artist also agrees to pay Actz Entertainment Agency Ltd an administration fee equal to the commission due on the booking and this must be paid to Actz Entertainment Agency Ltd within 7 working days. The ‘artist’ is also financially responsible to refund the ‘client’ any difference between the original booking fee and the fee charged by any replacement artist arranged for the client by Actz Entertainment Agency Ltd. For example if the artist is booked for £100.00 and the replacement act is £150.00 cost then the cancelling artist is responsible to pay the £50.00 shortfall plus the Actz Entertainment Agency Administration Fee. Actz Entertainment Agency will make every effort to communicate these fees effectively with all parties involved prior to the event.
5. Complaints If through their own fault the artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the client would like to claim a reduction on the artists fee, Actz Entertainment Agency Ltd will contact the ‘artist’ to discuss the complaint and request a written statement detailing their version of events. Actz Entertainment Agency Ltd will act as mediator between ‘client’ and ‘artist’ in order to come to an amicable agreement over any refund or expense which may be due. If Actz Entertainment Agency Ltd cannot settle the dispute to the mutual satisfaction of both ‘client’ and ‘artist’, both parties must settle the matter directly via their own legal representatives. Any dispute between the client and the artist based on changes to the contract/performance that were agreed by both the client and the artist, but not confirmed by Actz Entertainment Agency Ltd in writing, must be settled between the client and the artist directly. Actz Entertainment Agency Ltd will not be able to mediate over these changes.
6. Re-engagement of the artist The artist agrees to negotiate all future bookings from the Client with Actz Entertainment Agency Ltd and not with the Client directly, for the period covering the issue date of this contract until 18 months after the event date on this contract. The artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Actz Entertainment Agency Ltd, to the client, their guests, staff, venue, contractors or ancillary business interests. This includes but is not limited to the provision of additional peripheral services provided by the artist. If approached by any of the aforementioned, the artist MUST inform the person/s concerned to contact Actz Entertainment Agency Ltd in order to make another booking. Any other action will contravene the terms of this contract and if you are found to have done this you will cease to be used by Actz Entertainment Agency Ltd in the future, the artist will also forfeit any bookings already confirmed or contracted. Any works undertaken in contravention of this section will result in all commission from these works being owed to Actz Entertainment Agency and all future and existing bookings could be jeopardized and result in cancellations as a direct result of this breach.
7. Artist service guarantee The artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the artists show, as known to Actz Entertainment Agency Ltd and as advertised to the client via distribution of the artists demo, CDs, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the clients wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors. The artist agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the client or a third party. It is the artists responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification. The artist agrees that their fee is inclusive of all expenses (except those that have been itemized or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the act. The artist will refrain from drinking alcohol before, during and after the performance at all times when the client or their guests are present. The artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event ‘venue’, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists. The artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, Actz Entertainment Agency Ltd, or the client. The artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement. The artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address. The artist must inform the person/s concerned to contact Actz Entertainment Agency Ltd. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Actz Entertainment Agency Ltd and could be subject to further legal action and financial penalties. The artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act. The artist is not employed by Actz Entertainment Agency Ltd and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions. The ‘artist’ accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £5m cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
8. Artist Equipment Actz Entertainment Agency cannot be held responsible for damages to any persons or property caused by venue staff, third parties, attendees etc.
9. Force Majeure In cases of Force Majeure (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the artist or client, then the artist or client may cancel this booking without penalty other than loss of deposit.
10. Flights / Flybacks When a performer is engaged on an international booking requiring travel using a Passport they must ensure that all documentation and relevant Visas are valid and up to date. Actz will not be held responsible for any discrepancies of this kind. The performer must also agree to conduct themselves in a professional manner for the entire duration of the booking and must at all times maintain the best interests of the Agency and its representatives. Failure to do so could result in legal action against the performer and could jeopardize any future work. The performer should also make every endeavor to follow strict travel itineraries as provided by the Agency. Any failure to meet specific travel requirements (such as flight times or gate departures) is entirely the responsibility of the performer and Actz cannot be held liable for any additional fees incurred by the performer for missed flight connections or delays.
11. Payments Of Commissions All cash collect commissions are to be paid directly to Actz Entertainment no later than 14-days following the performance date. Any BACS payments should be made with the Invoice number as the reference in order to match them on our bank account system. Failure to pay commissions efficiently may result in the cancellation of ongoing work and may lead to future legal action to recover any outstanding monies as well as any relevant legal fees.
12. Right To Contra Actz Entertainment Agency reserves the right to contra any outstanding commission owed by the performer against any forthcoming payments owed to the performer before it is paid. These will be deducted at source and full details of the contra payment will be made to the performer by way of email.
13. Lateness / Vehicle Breakdown In the unlikely event that a performer is running late for their pre-determined arrival time at a given venue, they must make every endeavor to contact the venue concerned directly as well as notifying a member of the Actz Entertainment Booking Team in person (again Facebook Messenger/text or similar will not be acceptable). If a performer breaks down en-route to a booking the priority must always be for the performer to carry out their contractual duties and do the booking they have been engaged for. If this means being recovered to the venue by a breakdown organization and then subsequent collection of vehicle arrangements can be made once the performance has taken place, then this is what is to be expected.
14. Communication Of Leaving Process In the highly unlikely event that a performer feels that they are unable to perform for whatever reason (security, logistics etc) they MUST contact a member of the Actz Entertainment Booking Team in person BEFORE they leave the venue. Failure to do so will be deemed as a breach of contract and may result in legal recourse and may also jeopardize any future bookings with the Agency.
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