1) DEFINITIONS This contract is formed between yourself (referred to in the Terms & Conditions as “the customer/client”) & ACTZ Entertainment Agency on behalf of the relevant performer once the Booking Fee (min deposit of 50%) has been received. The “Products” or “Services” shall relate to any products or services that are provided by ACTZ to you the Customer in this case the advance booking of one of our performers. These conditions do not affect your statutory rights.
2) TERMS ACTZ agrees to supply the product(s) or service(s) to the Customer as detailed in the agreement and according to the terms and conditions of this contract.
3) ENFORCEMENT Should ACTZ choose not to enforce any or all of these conditions, it should not be interpreted as a waiver of any of the Company’s rights. By providing ACTZ with a confirmed booking and by paying the agreed deposit amount, the Customer accepts these terms and conditions.Both parties will at all times act professionally, responsibly and within the Laws of Great Britain and at all times the performers are protected by legal guidelines enshrined by EQUITY and upheld by the MUSICIANS UNION.
4) DEPOSIT / INVOICE ACTZ shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated clearly on the invoice. Unless otherwise agreed this will be 50% at point of booking and the remainder due no later than 14-days before the agreed event date itself. Failure to pay may result in services being withdrawn.
5) HEALTH & SAFETY Both ACTZ Entertainment Agency LTD, its representatives & the client will act in accordance with all relevant health and safety requirements in order to provide the agreed product(s) or service(s). All professional fees including but not limited to Work Permits and International VISAs must be covered by the client and any fees incurred post performance will be reimbursable to the performer by the client. The client will also agree to pay any foreign entertainment taxes which may be incurred by the performer. Failure to obtain the relevant work permits or visas could result in the artiste not being able to perform, in this circumstance full fee payment would still be owed to the performer.
6) EQUIPMENT It is agreed by the client and the artist that the equipment and instruments of the artist are not available for use by other performers or persons except by specific permission of the ‘artist’. An Agent cannot be held responsible for damages to any persons or property caused by a self-employed Artiste; the Artiste accepts this responsibility. Should any damages occur to the Artiste, persons, property or equipment, by the engager, their guests, or other function, venue staff, the engager is to ensure full responsibility, both legally and financially, including but not limited to the cost of replacement equipment, hire of interim replacement equipment, transport costs, medical expenses, legal costs, etc. Sound limiters & volume The adjustment of the volume and sound level of any equipment shall be as the client reasonably requires. However, it is understood that the ‘artist’ cannot guarantee the quality of their performance should their volume be reduced below the level of the unamplified instruments. Furthermore, it is understood that the ‘artist’ cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an artist of their type.
7) CREATIVITY Unless otherwise agreed, the Customer accepts that all performers will make decisions on creativity within the product(s) or service(s) booked. This includes but is not limited to song choices and lengths of sets. In certain circumstances some services may be unable to be performed due to time or weather restraints.
8) CANCELLATIONS All monies paid by the Customer to book the product(s) or service(s) from Actz Entertainment will be accepted as a Booking Fee/Deposit. If the Customer cancels their booking less than 6 Months prior to ACTZ supplying the product(s) or service(s), the Customer will be liable to pay the whole remaining invoice value less any Booking Fee/Deposit already paid. If the Customer cancels their order more than 6 Months prior to the Company supplying the product(s) or service(s), they shall only forfeit the Booking Fee/Deposit. Booking Fees/Deposits are entirely non-refundable regardless of notice period unless ACTZ are unable to complete the work originally agreed or a suitable replacement performer can be found.
9) LIABILITY ACTZ accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of ACTZ being unable to supply the product(s) or service(s) as specified at the point of booking, liability shall be limited to the total invoice value – or monies already paid by the Customer. Whilst every care is taken in the handling of the Customer’s property, ACTZ accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
10) PERMISSION The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places where the performance is taking place. The client will notify those attending the event that they may be recorded on mobile devices for promotional purposes and that by attendance they give their consent to being recorded.
11) ASSIGNMENT ACTZ retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company or individual should they be unable to complete these terms and conditions, be already booked or unable to make due to unforeseen circumstances. A suitable and recommended replacement company and/or performer will always be offered. ACTZ will at no stage be directly or indirectly responsible for the actions or words of its performers. This includes but is not limited to cancelations by the individual performers.
12) PRIVACY Unless otherwise agreed ACTZ will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any information used by ACTZ to supply the product(s) or service(s).
13) FORCE MAJEURE ACTZ will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control (FORCE MAJEURE). ACTZ will not be liable for any refund, in part or whole, where our performers are late accessing the venue and setting up because of earlier events, over-running, or where we are prevented from accessing and setting up by the venue management. Neither will ACTZ be obligated to provide an extension to the agreed timescale or project length.
14) RE-BOOKINGS All re-bookings for the relevant performer must revert to ACTZ Entertainment Agency LTD. This includes but is not limited to the specific act that is booked as well as their associated goods and services.
15) TV & FILM The client agrees to release the performer of all contractual obligations if a booking for the performer to appear on TV or Film or any other booking deemed beneficial for the furtherance of the performer’s career subsequently arises. In this situation all monies and deposits received in advance by ACTZ or the Performer directly will be refunded in full to The Client.
16) SECURITY The client shall guarantee at all times that proper security is provided in order to ensure the performer can carry out their duties to the very highest level. The safety of the performer, auxiliary personnel, their equipment, instruments, costumes and personal property before, during and after the engagement are of paramount importance.
17) CHANGING ROOMS The client agrees to arrange suitable, secure changing facilities for the performer as required.
18) RIDER The client agrees to supply food and drink to the performers in line with any riders provided in advance.
19) 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.
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