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Terms And Conditions

Entertainas has made every effort to word these terms and conditions in plain English, with clarification of various clauses where necessary. If you do not understand any part of these terms, please contact us for clarification or seek legal advice before agreeing 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 the booking:

1. Definitions

All definitions refer to the content of the ‘booking contract’ and this ‘terms and conditions’ document. An agreement was made on the date shown in ‘the Entertainas Joint Booking Agreement’ between ‘the client’ of the one part and ‘the act’ of the other part, negotiated by Entertainas (herein referred to as ‘the agent’). ‘The client’ engages ‘the act’ to provide the Entertainment outlined in ‘the entertainment details’, appearing as ‘the act’ named in ‘the act name’ to perform for the event outlined in ‘the event details’ on the date(s) specified in ‘the event period’ and at the fee(s) specified in ‘the client booking agreement’ and ‘the entertainer booking agreement’. ‘The agent’ does not employ ‘the act’, nor does ‘the client’ employ ‘the agent’. ‘The agent’ acts as negotiator in all contracts and cannot be held responsible for non-fulfilment of bookings or non-payment of fees.

2. Booking the ‘act’

The purpose of the written ‘booking agreement’ is to confirm the details of the engagement, not to secure the engagement.  The purpose of the drafted ‘booking contract’ is to confirm the particulars of the engagement and to secure the undertakings of the engagement.  Any agreed booking (whether by written, verbal or electronic means) will constitute a legally binding contract which incorporates the following non-negotiable terms and conditions of booking. By signing the ‘booking contract’, both ‘the client’ and ‘the act’ agree to be bound by its contents. Non-completion or non-return of the ‘booking contract’ does not therefore terminate the original ‘booking agreement’.

i) All bookings are ‘Conditionally’ secured upon payment of the required deposit (by ‘the client’) and agreement of the booking contract (by ‘the client’ and ‘the act’).

ii)  All bookings are ‘Secured’ upon full payment of the specified fee (by ‘the client’).

Non-agreement of booking contract or non-payment of booking is not sufficient to cancel a booking or engagement of ‘the act’. Cancellation process is outlined within these Terms and Conditions.

Upon 'agreement' of the ‘booking contract’ and receipt of the deposit (or total fee) from ‘the client’, a ‘contract confirmation’ document will be sent to ‘the client’ and ‘the act’, confirming the status of the ‘booking contract’.

The status of the ‘booking contract’ will be in accordance with the ‘client’ payment schedule (see General Terms and Conditions Supplementary – Payment of Fees).

A booking will not be confirmed until ‘the agent’ sends to ‘the client’ and ‘the act’ the ‘contract confirmation’ document(s). 

If ‘the client’ has only paid a deposit for the booking, the status on the ‘booking confirmation’ form will show ‘Deposit Paid’.

All bookings are ‘Conditionally’ secured upon payment of the required deposit. 

If the ‘client’ has paid the full payment for the booking, the status on the ‘booking confirmation’ form will show ‘Total Fee Paid’.

All bookings are ‘Secured’ upon full payment of the specified fee.

Both the ‘client’ and the ‘act’ are advised to keep a copy of the ‘booking agreement’, the ‘booking contract’ and the ‘contract confirmation’ document(s) for their personal records.

‘The agent’ will store a record of the ‘booking agreement’, the ‘booking contract’ and the ‘contract confirmation’

document(s) for safe keeping (copies available on request – inclusive of minimal charge); and will act as the 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

This agreement may not be modified or cancelled except by mutual consent in writing by both ‘the client’ and ‘the act’. All changes to the contract must be arranged & agreed by ‘the agent’ prior to the event. Any such modification or cancellation shall not prejudice the right to payment of ‘the act’ engaged by ‘the agent’.

4. Late payments

4.1 Late payment of deposits

Failure by ‘the client’ to pay the booking deposit within the terms specified may jeopardise the booking. If the deposit has not been received within the date specified in the ‘booking contract’ and ‘the client’ has not arranged an alternative payment schedule, ‘the agent’ reserves the right to re-engage ‘the act’ on other engagements. ‘The agent’ will inform ‘the client’ of this intention. ‘The client’ will still be bound by cancellation clauses (see General Terms and Conditions Supplementary - Cancellations).

4.2 Late payment of the balance

Failure by ‘the client’ to pay ‘the agent’ within the terms agreed on the ‘booking contract’ will result in an automatic late payment administration fee being charged to ‘the client’, payable to ‘the agent’ within 14 days of the date of ‘the event’. Where the outstanding balance has not been paid within 14 days, this amount may be sought via legal process or referred to a recovery company.

5. Complaints

If through their own fault ‘the act’ is unable to fulfil part of the ‘booking agreement’ schedule or breaks the terms of the ‘booking contract’ and ‘the client’ would like to claim a reduction on ‘the act’ fee, a complaint must be made in writing to ‘the agent’ within 24 hours after the event date. Third party statements should be obtained where possible to back up any claim. Full payment must still be made to ‘the act' as agreed in the contract. Payment may not be withheld from ‘the act’ as late payment fees may be applicable (see General Terms and Conditions Supplementary - Cancellations).

Whilst ‘the agent’ cannot be held responsible for the actions or failures of either 'the client' or 'the act' we will make every effort to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by 'the client', ‘the agent’ will contact 'the act' to discuss the complaint and request a written statement detailing their version of events. ‘The agent’ will act as a mediator between 'the client' and ‘the act' in order to come to an amicable agreement over any refund or expense which may be due on a basis endeavour basis. If ‘the agent’ cannot settle the dispute to the mutual satisfaction of both 'the client' and 'the act', both parties must settle the matter directly via their own legal representatives.

Any dispute between ‘the client’ and ‘the act’ based on changes to the contract/performance that were agreed by both ‘the client’ and ‘the act’, but not confirmed by ‘the agent’ in writing, must be settled between ‘the client’ and ‘the act’ directly.

‘The agent’ will not be able to mediate over these changes.

6. Changes on the day

In ‘the event’ of any unavoidable changes to the contract schedule on the day of ‘the event’, these should where possible be agreed between ‘the client’ and ‘the act’ prior to the performance. Such changes will be subject to these terms and conditions and should be confirmed in writing before an independent third party witness. If the changes result in additional costs to the ‘client’ the additional costs must be paid in full directly to ‘the act’ on the day of the performance. Full responsibility for collection of these further charges is accepted by ‘the act’ and a standard commission payable to ‘the agent’ will apply (unless otherwise agreed). The said commission must be sent by ‘the act’ to ‘the agent’ within 7 days, and all such additional moneys collected by ‘the act’ must be disclosed to ‘the agent’. No liability will be accepted by ‘the agent’ for such agreements reached between ‘the client’ and ‘the act’, unless a written confirmation is provided by ‘the agent.’

6.1 Schedule changes

If the start of a performance is delayed through the fault of ‘the client’ or ‘the venue’, the performance length may need to be altered. Where ‘the act’ is unable to perform for the full period of time stated in the ‘booking agreement’, no reduction in the fee will be given. Where the delay is attributable to ‘the client’ or ‘the venue’, there is no obligation on the band to perform later than the finish time stated in the ‘booking agreement’. Where delay has occurred, if the total length of the performance (being the duration of the performance as stated in the ‘booking agreement’ together with a minimum break i.e. 30 minutes in length) would then result in a finish time which is 15 minutes beyond the contracted finish time, ‘the act’ has the right to conclude the performance at the time stipulated in the ‘booking agreement’. In the event of ‘the act’ and ‘the client’ both agreeing to a finish time which is later than that stated in the ‘booking agreement’ a late finish fee will be charged (see clause 6.2). Where ‘the client’ wishes to claim a reduction in the fee due to reflect changes to performance length caused through the fault of ‘the act’, this should be mutually agreed between ‘the client’ and ‘the act’ and confirmed in writing on the day of ‘the event’ before an independent third party witness.

6.2 Fees - late finish

If ‘the act’ is asked to finish later than the finish time stated in the ‘booking agreement’, a ‘late finish’ fee may apply. This is payable by ‘the client’ to ‘the act’ in cash on the day of the event unless otherwise agreed between ‘the client’ and ‘the act’. If a late finish is mutually agreed, it is the responsibility of ‘the client’ to ensure that ‘the venue’ has a suitable licence in place to allow the performance to continue beyond the time stated in the ‘booking contract’.

6.3 Fees - extended performance

An ‘extended performance fee’ will apply if ‘the act’ is requested by ‘the client’ on the day of the event to perform for longer than the performance time contained in the ‘booking agreement’. An example would be a request by ‘the client’ that ‘the act’ perform a 60 minute set rather than a 45 minute set, which ‘the act’ agrees too. ‘The client’ and ‘the act’ will mutually agree a fee and this is payable by ‘the client’ to ‘the act’ in cash on the day of ‘the event’.

7. Re-engagement of the ‘act’

‘The client’ agrees to negotiate all future bookings of ‘the ‘act’ with ‘the agent’ and not with ‘the act’ directly, for the period covering the issue date of this ‘booking contract’ until 18 months after ‘the event’ date on this ‘booking contract’.

‘The act’ 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 ‘the agent’, to ‘the ‘client’, their guests, staff, venue or contractors. If approached, ‘the act’ must inform the person(s) concerned to contact ‘the agent’. Any other action will contravene the terms of the ‘booking contract’, and if you are found to have done this you will cease to be used by ‘the agent’ and liable for breach of contract/damages.

The ‘the act’ will also be invoiced for commission against any resulting work accordingly.

8. Requirements of ‘the client’ and of ‘the act’

8.1 Power

It is the responsibility of ‘the client’ to ensure that a safe source of power is provided, and that all local authority regulations are adhered too. It is the responsibility of ‘the client’ to provide sufficient power outlets for ‘the act’ and their equipment.

8.2 Equipment

‘The act’ accepts full responsibility for any damage, loss or injury caused to ‘the client’, ‘the client’s’ venue or guests/customers arising from their equipment or unprofessional behaviour. ‘The act’ must ensure that all equipment used meets the statutory health and safety requirements. ‘The client’ accepts full responsibility for any damage or injury caused to ‘the act’, their musicians or their equipment through the fault of the ‘venue’ or ‘the client’s’ guests/customers. ‘The act’s’ equipment and instruments may not be used by other acts or persons except by written permission of the ‘act’.

8.3 Parking

It is the responsibility of ‘the client’ to ensure that there are sufficient parking facilities for ‘the act’ and all vehicles associated with their party.

8.4 Refreshments

It is the responsibility of ‘the client’ to ensure that there are adequate refreshments for all members in ‘the act’ and their party.

The MINIMUM requirements are:

i) Free unlimited supply of mineral water & soft drinks for the duration of ‘the ‘act’s’ stay at the performance venue.

ii) If ‘the act’ is working for more than 4 hours the client is required to provide a hot meal or buffet for ‘the act’ and their party.

These refreshments form an integral part of this contract and must be provided by ‘the client’ at their own expense. If the specified refreshments are not provided then this may be considered breach of contract (unless otherwise specified).

8.5 Storage / changing area

It is the responsibility of ‘the client’ to ensure that there is a suitable dressing room at the venue for ‘the act’ to change in and store instrument cases and equipment during performance. This room should have adequate lighting, heating and ventilation, electric power supply, wash facilities and mirrors (wherever possible) and chairs for every member of ‘the act’ and their party, and be secure (lockable).

8.6 Venue constraints

It is the responsibility of ‘the client’ to ensure that the performance venue will provide a safe performance area, and to ensure that ‘the venue’ is happy to accommodate the performance of such live music and entertainment (including any live music licenses). Other considerations, such as venue noise limitations, should be mutually agreed between ‘the client’ and ‘the agent’ prior to booking. Any relevant information should be disclosed to ‘the agent’ prior to booking confirmation.

8.7 Staging Area

It is the responsibility of ‘the client’ to ensure that a suitable staging area is provided. This should ideally be a raised stage to distinguish the staging area from the dancing/seating area. ‘The act’ can perform without raised staging if necessary but this needs to be mutually agreed before the booking is confirmed. Different sizes of acts may require different stage sizes and this should be mutually agreed before the booking is confirmed.

9. Early set-up

Normal set-up times for ‘the act’ are 120 minutes (for non-acoustic acts) or 60 minutes (for acoustic acts) - for instance, a 6pm arrival for non-acoustic acts performing at 8pm or 7.00pm arrivals for acoustic acts performing at 8pm. This time is required to enable equipment to be set up, sound-checks and to allow ‘the act’ and other members’ time to change into appropriate dress. If ‘the client’ requires a longer period between arrival and performance, an additional early set-up fee may apply (unless otherwise agreed). If ‘the client’s’ request for an early set up time and this is not submitted until after completion of the ‘booking contract’, ‘the act’ may be unable to agree to an early set up time. If early set up is agreed, ‘the client’ agrees to pay the specified early set-up fee to ‘the agent’ by the date and time specified by ‘the agent’.

In relation to bookings where ‘the act’ is performing nationally, unless otherwise specified, the fee quoted by ‘the agent’ for the ‘performance’ by ‘the act’ will include: travel expenses, hire of P.A. system (if required) hire of lighting (if required) and interval music services (if required).

However, if there are any additional expenses w incurred by ‘the act’ (for instance taxis, food, rehearsal time, hotels, flights, parking etc.) these should be mutually agreed in writing before the date of performance and an amended total fee agreed.

If the ‘client’ has agreed in the booking contract to cover additional expenses incurred by the ‘act’ (for instance taxi’s, food, rehearsal time, hotel, flights, parking etc) the ‘act’ must provide receipts and an invoice to the ‘agent’ within 48 hours after the event.

11. Obligations as to performance

11.1 Accurate Representation

‘The act’ will provide a professional performance that is reflective of ‘the act’s' promotional material and/or audio and video samples, with the same level of ability or higher (unless otherwise expressed in writing by ‘the client’ or ‘the agent’ before ‘the event’).  ‘The act’ will be polite and courteous with ‘the client’, their guests and all venue staff and adhere to ‘the client’s' reasonable requests.

11.2 Equipment Provision

Unless otherwise stated in the ‘booking agreement’, ‘the act’ will provide all equipment necessary for the performance. ‘The act’ will ensure the all such equipment used is in good working order and carries all necessary insurance and certification.

11.3 The ‘act’ will not:-

i) engage in the excessive consumption of alcohol before, during and after the performance and at all times when ‘the client’ or their guests are present

ii) partake of any illegal drug on the day of ‘the event’; whilst at ‘the event’ venue, or whilst in the presence of ‘the client’, their guests, venue staff or other associated suppliers or acts

iii) smoke in restricted areas or park their vehicles in restricted areas at the performance venue

iv) display any conduct deemed antisocial, illegal, nor reflecting badly upon themselves, ‘the agent’, or ‘the client’.

11.4 Performance Volume

Where reasonably requested to do so by ‘the client’, ‘the act’ agrees to adjust the volume of any equipment.

11.5 Contracts with third parties

At the time of agreeing to or signing the ‘booking contract’, ‘the act' will not be under any contract to a third party which may prevent them from fulfilling the engagement.

11.6 Self Promoting

Business cards or promotional materials of ‘the act' will not be circulated by ‘the act’ (or any members of ‘the ‘act’s’ party). Any person asking for such materials should be referred to ‘the agent’. Any other action will contravene the terms of the ‘booking contract’, and if ‘the act’ (or any members of the ‘act’s’ party) is found to have breached this condition then they will cease to be used by ‘the agent’.

11.7 Dress Code

Except with the express consent of ‘the client' (or where the wearing of certain attire is deemed to be a necessary part of their act) ‘the act’ will be suitably and tidily dressed during their performance.

11.8 Employment Status

‘The agent' does not employ ‘the act’ and ‘the act' is responsible for his/her own accounting and payment of tax, VAT and National Insurance contributions.

11.9 Insurance & Liabilities

‘The act' accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover) or Employers Cover as necessary, their own Equipment Insurance, CRB, Enhanced CRB Certificate, Vehicle insurance and for carrying out the P.A.T. testing of their equipment.

12. Use of alternative (‘dep’ or ‘deputy’) musicians

Except in the case of unforeseen circumstances, the musicians/entertainers advertised to the ‘client’ will perform as ‘the act’. In unforeseen circumstances, it may be necessary to use alternative (‘dep’) musicians/entertainers. ‘The act’ reserves the right to use a ‘dep’ musician/entertainer if the need arises. The use of ‘dep’ musicians/entertainers does not constitute grounds for cancellation and the fee will not be reduced if such musicians/entertainers are used.

13. Force Majeure

In cases of ‘orce Majeure’ (which shall be known as war, fire, death 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 act’ or ‘the client’, then ‘the act’ or ‘the client’ may cancel this booking without penalty other than loss of deposit.