1.
Definitions
Booking
contracts negotiated by Stars In Your Bars (the ‘agent’) between the
‘client’ and the ‘artist’. In this respect, Stars In Your Bars acts as
an employment agency in issuing this contract and cannot be held responsible for
non fulfillment 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/non-return of contract is not sufficient to cancel the booking
or acceptance of these terms.
Upon
'confirmation' of the booking, Stars In Your Bars will issue a contract to the
'client' for signature and this must be returned within 2 working days. A copy
of this contract will be forwarded to the 'artist' for signature immediately,
again to be signed and returned within 2 working days. Both the ‘client’
& the ‘artist’ may keep one copy of the contract for their personal
records.
Stars
In Your Bars 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 Stars In Your Bars in
advance of the event.
4.
Payment of fees
The
agreed booking deposit is due strictly within 5 working days of invoice. Deposit
can be paid by cheque or BACS transfer (details on your contract & invoice.)
Unless
otherwise agreed by the 'artist' and Stars In Your Bars in writing on the cover
of your contract, the balance is payable to the ‘artist’ in cash or by
cheque on the day of the event.
5.
Cancellations
Cancellation
by the ‘client’:
Cancellation
by the 'client' is not allowed for any reason except circumstances covered by
'force majeure' (see clause 18.) In the event that the ‘client’ cancels the
booking, the ‘client’ agrees to inform Stars In Your Bars immediately. Stars
In Your Bars agrees to inform the ‘artist’ of the cancellation immediately.
i)
Cancellation by the 'client' within 48 hours of confirmation will not carry a
cancellation fee unless the event date is within the following 7 days, in which
case the full booking fee will be due.
ii) Cancellation by the ‘client’ after 48 hours of confirmation and up to 90
days from the event will result in loss of deposit and 50% of the remaining
balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
iii) Cancellation by the ‘client’ within 90 days and up to 61 days of the
event will result in loss of deposit and 75% of the remaining balance will be
payable by the ‘client’ to the ‘artist’ within 14 days.
iv) Cancellation by the ‘client’ within 60 days of the event will result in
loss of deposit and 100% of the remaining balance will be payable by the
‘client’ to the ‘artist’ within 14 days.
'Artist'
cancellation fees should be sent to Stars In Your Bars to be forwarded on to the
'artist' within 7 days of receipt.
Cancellation
by the ‘artist’:
Cancellation
by the 'artist' is not allowed for any reason except circumstances covered by
'force majeure' (see clause 18.)
In the
unlikely event that the ‘artist’ cancels the booking, the ‘artist’
agrees to inform Stars In Your Bars immediately. Stars In Your Bars agrees to
inform the ‘client’ of the cancellation and make all reasonable attempts to
find a suitable replacement artist of similar standard and style, at no extra
cost to the ‘client’. Should a suitable replacement not be found, Stars In
Your Bars agrees to refund the ‘client’ their deposit plus any other booking
fees already paid in advance.
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 Stars In Your
Bars an administration fee equal to the commission due on the booking (referred
to previously as the ‘deposit’) and this must be paid to Stars In Your Bars
within 5 working days. The 'artist' also agrees to refund the 'client' any
difference between the original booking fee and the fee charged by any
replacement artist arranged for the ‘client’ by Stars In Your Bars.
There
will be no refund given to the 'client' against the booking deposit already
paid, and no ‘administration charge’ will be made to the band, if a
replacement artist of similar value can be arranged by Stars In Your Bars and
agreed by the ‘client’. However, should a replacement artist charge a much
lower fee, the client will be refunded a proportionate amount of their booking
deposit and the replacement artist will be due their usual fee. Where possible,
the 'client' and 'artist' will be contacted to agree this in advance.
If a
replacement artist is required last minute and the 'client' is not happy to
accept the replacement artist, they must not allow the replacement artist to
perform. If the replacement artist is allowed to perform, their full fee will be
due.
6.
Changes on the day
Where
possible, changes to the contract schedule which are unavoidable on the day of
the event should first be discussed & agreed with your Stars In Your Bars
agent. Should this not be possible, changes are to be agreed between the
‘client’ and the ‘artist’ prior to performance.
Any
changes will be subject to these terms and conditions.
If
changes negotiated between the ‘client’ and the ‘artist’ on the day of
the event are agreed to incur additional costs to the ‘client’, the
‘artist’ accepts full responsibility for arranging the collection of
additional fees and agrees that these fees will be subject to Stars In Your
Bars’s standard rate of commission. The 'artist' must disclose to Stars In
Your Bars additional monies collected within 7 days of the event and forward
commission due within 7 days.
7.
Re-engagement of the ‘artist’
The
‘client’ agrees to negotiate all future bookings of the ‘artist’ with
Stars In Your Bars and not with the ‘artist’ 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 Stars In Your Bars, to the ‘client’, their
guests, staff, venue or contractors. If approached, the ‘artist’ must inform
the person/s concerned to contact Stars In Your Bars. 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 Stars In Your Bars and invoiced for commission
against any resulting work accordingly.
8.
Expenses
If the
‘client’ has agreed on the front of this contract to cover additional
expenses incurred by the ‘artist’ (such as taxi’s, food, rehearsal time,
hotel, flights etc) the ‘artist’ must provide receipts and an invoice to the
‘client’ within 60 days after the event.
The
‘client’ must reimburse all expenses to the ‘artist’ within 28 days of
invoice.
9.
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
Stars In Your Bars and as advertised to the ‘client’ via distribution of the
‘artists’ demo CD’s, promotional materials, profiles, pictures, videos,
web page etc. The artist will make every effort to ensure their performance is
outstanding, adhere to the client’s 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 itemised or accounted for separately on the front of this
contract), including holiday entitlements, traveling expenses to and from the
venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other
members of the band.
The
‘artist’ will refrain from excessive drinking 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, Stars In Your Bars, or the ‘client’.
The
adjustment of the volume and sound level of any equipment shall be as the
‘client’ reasonably requires.
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 Stars In Your Bars. 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 Stars In Your Bars and invoiced for commission
due accordingly.
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 Stars In Your Bars 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 £1,000,000 cover), their own
equipment insurance, vehicle insurance and for carrying out the P.A.T. testing
of their equipment.
10.
‘Artist’ 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'.
11.
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.