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Entertainment Nation

Terms and Conditions

Entertainment Nation
Terms and Conditions of booking:

If you do not understand any part of these Terms and Conditions, please call Entertainment Nation or seek legal advice before agreeing to them and confirming a booking.

Upon confirmation of a booking between the 'Client' and 'Artist' the 'Agent' will issue both parties with a 'Contract' (Entertainment Nation Booking Form with attached Terms and Conditions) to be signed and returned within 3 working days. This confirmation, whether verified VERBALLY, ELECTRONICALLY or IN WRITING is a legally binding contract, subject to the following non-negotiable Terms and Conditions of booking. Lack of completion or signature of the 'Contract' does not terminate or invalidate the proposed agreement.

Definitions

The following definitions refer to the 'Contract': Entertainment Nation Booking Form with attached Terms and Conditions, to be taken as a whole. Entertainment Nation Ltd, Company No. 8412437, is the 'Agent', the proposed entertainment booker is the 'Client' and the proposed entertainment act is the 'Artist'.

1 | Introduction

1.1 | This contract is negotiated by the Agent and is made between the Client and Artist. The Agent is not a party to this Contract and therefore shall not be held responsible for a breach of this Contract however caused.

2 | Booking

2.1 | All bookings are confirmed immediately upon confirmation of initial booking terms by both the Client and Artist whether this is done verbally, electronically or in writing. The booking is then confirmed.

2.2 | A Contract will be issued to both the Client and Artist to be signed, and is due to be returned within 3 working days. The Agent will file both completed contracts (available upon request) and will store until 4 years after the contract completion date.

2.3 | The Contract may be modified/changed upon agreement from both parties, in advance of the event date. All changes must be notified to the Agent in writing who, if necessary, will re-issue the contract. In this circumstance the new Contract will void the previous.

2.4 |The agreed total cost and deposit amount owed may change with any alterations agreed by both the Client and Artist.

2.5 | The Agent will act as negotiator until the date of the event and completion of the contract.

3 | Payment of Booking Fees

3.1 | The Booking fee is split into 2 payments: the 'Deposit' and the 'Balance'. The Balance is the remaining amount payable after the deposit has been paid.

3.2 | The Deposit payment is due within 3 working days of the issue of the Contract. It is to be paid to the Agent via Credit Card or Debit Card upon receiving their online invoice.

3.3 | The Balance payment is due to the Artist by bank transfer (BACS) and cleared funds in the amount of the balance due must show in the artist's bank account 7 days prior to the commencement of their performance. The bank account details must be confirmed directly with the Artist 4 weeks before the commencement of their performance.

3.3.1 | The Agent is not able to accept payments of the balance of the fee on behalf of the Artist. The Agent accepts only the deposit payment.

3.4 | The Deposit payment is for the Agent's service. The service provided by the Agent is to liaise with the Act and the Client to secure the Act's services for the Client's performance date, and to issue the Contract to both parties. The Agent's service to the Client is complete upon the Client signing the Contract. Upon the Client signing the Contract, the Deposit payment is non-refundable.

4 | Late Payment or Failure to Pay the Deposit

4.1 | If the Deposit is not paid within the 3 working days specified it will be deemed to terminate the Contract. The Client will be liable to the cancellation fees set out in this Contract and will still owe the Deposit fee.

5 | Late Payment or Failure to Pay the Balance

5.1 | The Client must pay the Balance within the specified time, no less than 7 days before the Artist is due to perform. If the Client fails to do so, the Artist has the right to terminate the Contract without penalty. In such an event, the Client will still be subject to the cancelation fees specified in Clause 7.1 of this Contract.

5.2 | The Artist has the right to claim interest of 5% on top of the balance of any late payments.

5.2.1 | Late Payments will incur a £50 administration fee, payable by the Client to the Agent before the performance can commence.

5.2.2 | If full payment of the Balance is not made to the Artist within 14 days of the due date, the debt may be passed to a Debt Recovery Firm by the Artist, which will result in additional costs. The Agent is not responsible for the collection of the Balance payment due to the Artist.

6 | Cancellation

6.1 | Termination of the Contract is not permitted by either the Client or Artist unless both parties mutually agree in writing to cancel the booking. Written evidence will be required from both the Client and Artist. The Agent must be informed of the cancellation immediately.

6.2 | In the event of mutual cancellation by the parties the deposit will be retained by the Agent.

7 | Client Cancellation

7.1 | If the Client terminates the contract for any reason the following cancellation fees will apply:

Cancellation fee breakdown

More than 365 days before event: No Fee
Less than 48 hours after confirmation (unless booking made within 7 days of event): No Fee
More than 90 days before event: 60% of Full Fee
More than 60 days before event: 80% of Full Fee
60 days or less before event: Full Fee

7.1.1 | The above cancellation fees are exclusive of the deposit, which is non refundable.

7.2 | If the Artist secures a booking for the cancelled date with an Entertainment Nation Agent the value of the booking (minus Deposit) can be set off against the Cancellation Fee.

7.3 | In the event of Client Cancellation the Agent will attempt to fix a booking for the Artist for the date. The Agent however cannot guarantee a booking, therefore the Artist is allowed to use alternative sources to fill this date.

8 | Artist Cancellation

8.1 | The Artist is not permitted to cancel the booking for any reason.

8.2 | If the Artist does cancel for any reason, the Client may pursue legal action against the Artist and the Artist must pay the Agent an administration fee, equivalent to the value of the booking Deposit, within 7 days of cancellation.

8.2.1 | Such a cancellation will, in addition to Clause 8.2, render the Artist liable to pay the difference in performance costs between their fee and the replacement Artist's performance fee.

8.3 | In the event of the Artist cancelling, the Agent would make every effort to find a suitable replacement Artist at a similar cost. If this is successful and the Client agrees to the replacement Artist, the Agent would transfer the Deposit already paid to the new booking and any additional deposit (where the Artist is of higher cost) will be payable to the Agent within 3 days of booking the new Artist. The remaining Balance due would be to the value of the replacement Artist's usual fee minus the deposit already paid.

8.4 | If payment of Cancellation fees set out above are not made by the Artist within 14 days of the cancellation, the debt may be passed to a Debt Recovery Firm by the Agent, which may incur additional fees.

9 | Complaints

9.1 | In the circumstance of either party wishing to make a complaint, it should be made in writing, via the Agent, within 30 days. The Agent will liaise with both parties with the intention of reaching a resolution. Should this be unsuccessful or the matter cannot be resolved, both parties should each seek their own legal advice.

9.2 | Full payment must still be made to the Artist even where a complaint has been made. Failure to do so will incur the charges outlined above in this Contract.

9.3 | Any dispute made regarding a change to the contract or performance that were agreed by both the Client and Artist, but not discussed with the Agent is to be dealt with directly between the Client and Artist.

9.4 | The Agent is not responsible for any failure of the Client or the Artist.

9.5 | If the Client wishes to make a complaint regarding an event yet to take place, it should be made in writing to the Agent. The Agent will respond within 30 days to allow for proper investigation of the complaint.

10 | Responsibilities of the Client

The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Agent, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the 'Additional Information' section of this Contract.

10.1 | The Venue can and will supply a safe power supply.

10.2 | The Venue can and will provide a safe, dry and level performance area.

10.3 | The Venue holds any relevant licences required for live performance.

10.4 | The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Artist, their set or equipment at any risk of harm.

10.5 | The Venue does not have any inhibiting noise limiters. If the venue has a limiter please find out the decibel (dB) level it is set at and contact the Agent for more information. The Artist cannot guarantee the quality of its performance if the sound level is quieter than an un-amplified Drum Kit. The Artist is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.

10.6 | Free Parking should be available to the Artist and all vehicles associated with the Artist. If no free parking is generally available, the Client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the Client within 7 days of the performance, with the amount payable within a further 7 days.

10.7 | The Artist must be provided with a free, reasonable supply of Mineral Water and Soft Drinks for the duration of their time at the venue.

10.8 | The Artist must also be provided with a hot meal or buffet for all members of their act. This is negotiable when the act is onsite for less than 3 hours.

10.9 | The Artist requires an adequate and secure area to change in. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable, but the agent must be notified prior to confirming.

10.10 | The Client must negotiate any further bookings of the Artist with the Agent, for a period of 18 months after the event date and they are precluded from booking directly with the Artist in that period.

11 | Responsibilities of the Artist | The Artist is fully responsible for all Clause 11 matters.

11.1 | The Artist must ensure that they are under no obligation to another performance or booking that may hinder or interfere with this booking prior to signing this Contract, nor take on any such booking or performance subsequent to signing this Contract.

11.2 | The Artist will endeavour to perform to their highest quality and best ability, in the same manner as is represented by the Agent in the Artist's promotional material.

11.3 | The Artist must provide all relevant equipment required to perform their act to the highest standard. This equipment must be annually PAT tested, with Certificates available for inspection upon every booking.

11.4 | The Artist must hold Public Liability Insurance of minimum £ 1,000,000 cover, with Certificates available for inspection upon every booking.

11.5 | The Artist shall not drink alcohol excessively (prior, during or post performance).

11.6 | The Artist shall not use illegal drugs at the event venue, or at all on the day of the event.

11.7 | The Artist shall dress suitably for the occasion, in agreement with the Client's requests.

11.8 | The Artist will always remain courteous and polite to the Client, the Venue and the Agent throughout the entire booking process, not harming or damaging any reputation between the parties.

11.9 | The fully-inclusive fee agreed by the Artist, that is specified in the Contract for the performance, is not subject to change.

11.10 | The Artist is not employed by the Agent and is therefore fully responsible for their own accounting and legal contributions.

11.11 | The Artist must contact the Client 4 weeks in advance of the event, unless the booking is made with less than 4 weeks before the date of the performance - in which case the Artist must contact the Client as soon as possible after the booking is made. This will be to ensure all contracted details are correct and to finalise finer details, such as dress code, refreshments, payment, invoices, parking and performance requests.

11.12 | The Artist must only display or hand out the Agent's promotional material at the contracted event, also referring all future bookings, enquiries or clients to the Agent. If the Artist fails to comply with this clause, they will be removed from the Agency and will be liable to pay all cancellation fees as stated above for future confirmed bookings.

11.13 | The Agent reserves the right to cancel the Artist's booking at any time if the Artist breaches any term of this Contract or for any other reason of extreme circumstance. The Agent will arrange for an alternative Artist for the booking in all such circumstances.

12 | Expenses

12.1 | The Client is not responsible for any other Artist expenses (including but not limited to accommodation, travel, rehearsal time, song download) unless otherwise discussed and stated in the 'Additional Contract Notes' section of the Booking Form. If any expenses are agreed the Artist must supply the Client with an invoice within 7 days of the event, with payment due 7 days after that.

13 | Artist Equipment

13.1 | Unless given written permission the equipment supplied by the Artist is not available for use by any other person, guest or performer under any circumstance.

13.2 | The Client must respect that the equipment supplied by the Artist is expensive, fragile and necessary for their livelihood. The Client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.

14 | Changes to the Agreed Performance Schedule

14.1 | When possible any changes to the performance schedule should be discussed with the Agent. If this is not possible (for example, on the day) changes should be agreed between the Client and Artist prior to the performance.

14.2 | If agreed changes incur a later finish time an adequate fee should be agreed between both parties. This fee would be due and paid direct to the Artist on the day of the event. Any changes are still subject to these Terms and Conditions.

14.3 | If the event schedule over-runs due to no fault of the Artist, the Artist holds the right to finish at the agreed set finishing time and will still be due the full payment.

14.4 | If the Client makes a request for the Artist to perform longer than specified in the performance schedule, on the event date, the Artist has the right to agree a further fee to do so, payable on the day of the event. They also hold the right to refuse this request, without penalty.

15 | The use of Dep, Deputy or Alternative Performers

15.1 | The Artist should make use of their standard line-up as represented in all promotional material, unless the need arises to use an alternative performer due to unforeseen circumstances. In this instance the Artist will have suitable Dep, Deputy or Alternative Performers available to cover all parties within the act. These performers should have equal ability and competence, and represent the Artist in the same style as displayed in all promotional material. The Artist holds the right to use one or more Alternative Performers without notifying the Client.

15.2 | The Artist must use an Alternative Performer rather than cancelling a booking. On this occasion a reduction in fee is not applicable, unless the Artist being replaced is a Celebrity figure.

15.3 | All Artist line-ups are subject to change without prior notice, unless the booking is of a Celebrity figure.

16 | Photography and Videography

16.1 | The Client must let the Artist and/or Agent know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the Artist and/or the Agent.

17 | Force Majeure

17.1 | Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.

17.2 | In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.

17.3 | In a proven case of Force Majeure occurring for a specified period, the Agent will endeavour to reschedule the performance where possible and the Deposit and Balance payments may be transferred to the new scheduled date where this occurs, minus a re-booking fee of $PrintPound 100. Where this is not possible, the Deposit will be retained by the Agent.

17.4 | In any event of Force Majeure the Agent will not be liable for any losses incurred by the Client, the Artist or any associated third parties.

18 | Jurisdiction

18.1 | The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.

19 | Terms and Conditions

19.1 | If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed you are bound to all conditions.

Entertainment Nation
Company Number: 8412437 VAT No. 201071380

Phone: 0800 53 000 35

Email: info@entertainment-nation.co.uk

Post: Entertainment Nation Ltd
Whitehouse Loft
Kings Lane
Stratford Upon Avon
Warwickshire
CV37 0RD