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Terms and conditions
of booking
Written by Enter Shropshire
Please read our terms and conditions
of booking before making your
enquiry. Any booking resulting from
an enquiry whether confirmed
verbally, electronically or in
writing will be subject to a
contract carrying the following
terms and conditions....
Enter Shropshire 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 call 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 booking:
1. Definitions
This booking contract is negotiated
by Enter Shropshire (the ‘agent’)
between the ‘client’ and the
‘artist’. In this respect, Enter
Shropshire 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/non-return of
contract is not sufficient to cancel
the booking or acceptance of these
terms.
Upon 'confirmation' of the booking,
Enter Shropshire 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.
Enter Shropshire 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 Enter
Shropshire 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 Enter Shropshire 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.
If any fee which the 'client' is due
to pay prior to the event has not
been received at least 5 working
days before the event, the 'artist'
has the right to cancel this booking
without penalty and the 'client'
will forfeit any other fees paid
previously, and remain liable for
any cancellation fees due (see
clause 5.)
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 Enter Shropshire immediately.
Enter Shropshire 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 Enter Shropshire to be
forwarded on to the 'artist' within
7 days of receipt.
On behalf of the ‘artist’, any
payment outstanding from the
'client' outside of these terms will
be referred to Enter Shropshire’s
debt recovery company 'Daniels
Silverman Limited' and will be
subject to a surcharge of 15% plus
VAT to cover collection costs
incurred. This surcharge together
with all other charges and legal
fees incurred will be the
responsibility of the 'client' and
will be legally enforceable.
It is the ‘clients’ responsibility
to ensure their venue can
accommodate the ‘artist’ and
non-performance of the ‘artist’ due
to venue restrictions will place the
‘client’ liable for cancellation
fees as detailed above.
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 Enter
Shropshire immediately. Enter
Shropshire 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,
Enter Shropshire 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 Enter Shropshire an
administration fee equal to the
commission due on the booking
(referred to previously as the
‘deposit’) and this must be paid to
Enter Shropshire 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
Enter Shropshire.
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 Enter
Shropshire 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.
Any payment outstanding from the
'artist' outside of these terms will
be referred to our recovery company
'Daniels Silverman Limited' and will
be subject to a surcharge of 15%
plus VAT to cover collection costs
incurred. This surcharge together
with all other charges and legal
fees incurred will be the
responsibility of the 'artist' and
will be legally enforceable.
6. Late payment of deposit
Failure by the ‘client’ to pay the
booking deposit within the terms
specified will result in ‘client’
being in default of contract. The
booking will be cancelled and the
‘client’ will be bound by the
cancellation clauses in part 5 of
these terms and conditions.
7. Late payment of the balance
Failure by the ‘client’ to pay the
‘artist’ within the terms specified
will result in a late payment fee
(equal to 10% of the total balance
due) being added to the outstanding
balance. This will be payable by the
‘client’ to the ‘artist’, for every
5 working days the payment is late.
These fees should be sent to Enter
Shropshire to be forwarded on to the
‘artist. The ‘artist’ agrees to pay
Enter Shropshire our standard
commission on any balance which is
increased due to the addition of
‘late payment fees’.
On behalf of the ‘artist’, Enter
Shropshire may raise an invoice to
the ‘client’ for any ‘artist’ fees
unpaid and any payment outstanding
from the 'client' outside of these
terms will be referred to our
recovery company 'Daniels Silverman
Limited' and will be subject to a
surcharge of 15% plus VAT to cover
collection costs incurred. This
surcharge together with all other
charges and legal fees incurred will
be the responsibility of the
'client' and will be legally
enforceable.
8. 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 ‘artist’s’ fee, a
complaint must be made in writing to
Enter Shropshire no more than 30
days after the event. Full payment
must still be made to the 'artist'
as agreed in the contract.
Withholding payment is illegal.
Failure to pay the 'artist' within
the terms of this contract will
incur charges outlined in clause 7
(see above) and may render the
'client' subject to prosecution.
Whilst Enter Shropshire cannot be
held responsible for the actions or
failures of either the 'client' or
'artist' 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', Enter Shropshire will
contact the 'artist' to discuss the
complaint and request a written
statement detailing their version of
events. Enter Shropshire 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
Enter Shropshire 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 Enter
Shropshire in writing, must be
settled between the ‘client’ and the
‘artist’ directly. Enter Shropshire
will not be able to mediate over
these changes.
9. 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 Enter Shropshire 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 Enter Shropshire’s
standard rate of commission. The
'artist' must disclose to Enter
Shropshire additional monies
collected within 7 days of the event
and forward commission due within 7
days.
10. Delayed event schedules and late
finish fees
If due to the late running of or
alterations to the event schedule
which is no fault of the 'artist',
the ‘artist’ is not able to perform
their full performance time within
the schedule outlined in this
contract, there will be no reduction
in the ‘artists’ fee.
If the event runs late and the
‘artist’ is asked and agrees to
finish later than the finish time in
the booking contract, and the
‘artist’ does not agree an
additional surcharge, then the
following standard ‘late finish’
fees will be charged:
10% of the total balance due per ½
hour over run, payable on the day of
the event by the 'client' to the
'artist' in cash or by cheque.
The ‘artist’ has the right to refuse
to finish later than the contracted
finish time without penalty.
11. Extended performance fees
If the event schedule is changed on
the day and the ‘artist’ is required
and agrees to perform for longer
than the ‘Performance times’ agreed
in this contract, and no additional
surcharge is agreed by the ‘artist’
on the day of the event, the
following standard ‘Extended
performance fees’ will be charged:
25% of the total balance for every
25% that the originally agreed
performance times are extended,
payable by the 'client' to the
'artist' in cash or by cheque on the
day of the event.
The ‘artist’ has the right to refuse
to extend their performance times
without penalty.
12. Re-engagement of the ‘artist’
The ‘client’ agrees to negotiate all
future bookings of the ‘artist’ with
Enter Shropshire 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 Enter Shropshire, to the
‘client’, their guests, staff, venue
or contractors. If approached, the
‘artist’ must inform the person/s
concerned to contact Enter
Shropshire. 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 Enter Shropshire and
invoiced for commission against any
resulting work accordingly.
13. Rider
This contract may be subject to a
‘rider’ containing the ‘artists’
requirements for food,
accommodation, dressing rooms,
technical specifications etc (please
see full ‘artist rider’ on the front
of this contract)
The ‘rider’ forms an integral part
of this contract and MUST be
provided by the ‘client’ at their
own expense.
14. 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.
Late payment of expenses will incur
a late payment fee equal to 10% of
the expenses due, per 5 working days
that payment is overdue.
15. 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 Enter Shropshire 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, travelling
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, Enter Shropshire, 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 Enter
Shropshire. 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 Enter Shropshire 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
Enter Shropshire 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.
16. ‘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'.
17. Use of ‘dep’ performers
A 'dep' performer will mean a person
or persons who stand in for one or
more of the 'artists' standard group
of performers should they be unable
to perform due to prior commitments
or illness.
The ‘artist’ will perform using
their standard group of performers
as advertised to Enter Shropshire
and the ‘client’ unless otherwise
agreed by Enter Shropshire and the
‘client’ in advance, or in cases of
emergency. The ‘artist’ agrees that
any ‘dep’ performers used will be of
the same standard and professional
competence as the performer who is
to be replaced, and that the ‘dep’
will have a good knowledge of the
‘artists’ repertoire, and represent
the ‘artist’ to the same high
standard that is known by Enter
Shropshire and expected by the
'client'.
The 'artist' agrees that if a usual
group member is ill and a suitable 'dep'
performer is available, and this
performer can satisfy the conditions
of competence outlined above, the
‘artist’ will use the services of
the 'dep' performer rather than
cancel the booking under the terms
of 'Force Majeure' (see clause 18
below.)
There will be no reduction in the
‘artists’ fee if a ‘dep’ performer
is used, although, if in advance of
the event the 'client' is able to
listen to a recording of the
proposed 'dep' performer and is not
happy with the replacement, they
have the right to cancel the booking
without penalty and the 'artist'
will be liable for the cancellation
under the terms of clause 5 unless
‘Force Majeure’ may be applied.
A ‘dep’ performer may not be used to
replace an ‘artist’ whose individual
name is used as the star attraction
to promote the ‘artist’ (EG: ‘The
Dave Tate’ show would not be able to
‘dep’ another performer for ‘Dave
Tate’.)
18. 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.
19. Artist Images
By accepting a booking, sending
information or requesting work, the
artist authorises "Enter Shropshire"
to upload the artists images to its
web site.
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