The Performance will consist of one show on the date and time indicated above (the “Show”) and the Venue will be available for set-up, sound check and show shutdown 30 minutes before and after the time selected above.
Deposit
The Client will pay to the Performer 50% of the Fee (the “Deposit”) by a time
no later than 168 hours (7 days) prior to the Show. If the Client fails to provide
the Deposit promptly by 168 hours prior to the Show, the Performer or the
Business may cancel this Agreement without further obligation.
Performer Expenses
The performer agrees that the Fee is inclusive of all expenses,
accommodations, holiday entitlements, traveling expenses to and from the
Venue and covers any costs incurred by the Performer whatsoever, except as
expressly provided in this Agreement.
Payment of Balance Promptly after the last show on the final date of the Performance, the Client will pay to the Performer any outstanding balance of the Fee in a manner
instructed on the Invoice.
Cancellation
The Performer or Business reserves the right to cancel this Agreement
without obligation prior to the Show. In the event the Performer or Business
cancels the Performance under the terms of this section, the Deposit and any
fees associated to the cancelled Performance, if paid, will be returned to the
Client promptly.
Non-performance by the Client
Those obligations of the Client required to be met prior to the Performance
are conditions precedent which must be satisfied in full by the Client before
the Performer is required to perform unless otherwise agreed to by all parties
in writing. If the Client cancels or postpones the Performance, or any show
comprising the Performance, without proper notice or fails to make any
payment or fails to perform any other condition precedent as required by this
Agreement then the Client will be in breach of this Agreement and the
Performer will have no further obligations under this Agreement. The Client will forfeit any Deposit already paid to the Performer and may be liable to pay
the Fee at the sole discretion of the Business.
Sound and Lighting Systems
The Performer will provide all sound and light systems required to facilitate
the Performance, except where an alternative arrangement has been made
for the Performer to be supplied use of equipment available at the Venue. The
Performer reserves the right to designate a representative who will have sole
authority in mixing and controlling all sound and light equipment during the
Performance and during each rehearsal. Notwithstanding the above, the
adjustment of the volume and sound level of any equipment will be at the sole
discretion of the Client.
Security Deposit
The Performer will not be required to post a security deposit against any or all
possible damage related to or arising from the Performance, unless agreed
otherwise in writing.
Force Majeure
Neither the Performer nor the Client will be held liable for any failure to
perform its obligations under this Agreement where such breach is due to any
of the following: acts or regulations of public authorities, labour difficulties or
strike, performer incapacitation, inclement weather, epidemic, interruption or
delay of transportation service, acts of God, or any other legitimate cause
beyond the reasonable control of the Performer and the Client.
Sickness and Accidents
The Performer agrees to meet its obligations under this Agreement subject to
legitimate incapacity by sickness or accident. Failure to meet its obligations
under this section will result in the Performer returning any and all paid
deposits to the Client with no further obligations to the Performer or the
Business whatsoever.
No Recording of the Performance
Unless otherwise agreed, recording or transmitting of the Performance by
anyone through any means whatsoever will not be allowed under this
Agreement. It is the responsibility of the Client to enforce this provision.
Indemnification
The Performer is responsible only for its own conduct. The Performer will be
compensated by the Client for any and all damage done to the Performer’s
equipment by the Client, its agents or guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal
injury that results from or is related to the Performance that is not directly
caused by the Performer.
Permits
The Client warrants and represents that it has obtained any and all permits,
approvals, licenses and variances necessary for the Performance.
Pyrotechnics
Unless otherwise agreed in writing, no pyrotechnic devices will be allowed
during the Performance. Violation of this provision will result in immediate
cancellation of the Performance and all parts of this agreement except
sections 5 and 6 (see pdf version of T&C's) where the Fee will still be considered due and payable.
Security
The Client will take reasonable precautions for the safety of the Performer and
the Performer’s equipment during all aspects of the Performance and at all
times while the Performer and the Performer’s equipment is on the Venue
premises. The Client is also responsible for ensuring that only the Performer
and its designated technicians and representatives are allowed on stage, in
the performance area or in the backstage area.
Picket Lines
The Performer will not be required to cross a picket line established by a
labour organisation at the Venue nor will the Performer be disciplined or this
Agreement be considered or deemed breached by the Performer, by reason
of the Performer’s refusal to cross such picket line.
Governing Law
This Agreement will be governed by, and construed in accordance with, the
laws of England. The Client and the Performer each submit to the jurisdiction
of the courts of England for the enforcement of this Agreement or any
arbitration award or decision arising from this Agreement.
Mediation and Arbitration
If a dispute will arise under the terms of this Agreement, the party claiming the
dispute will have 14 days to notify the other party. The party not claiming the
dispute will have 31 days to remedy the dispute. In the event that the dispute
is not remedied within this time period, then any party at its option will have 10
days to submit the dispute to mediation in accordance with any statutory rules
of mediation. If mediation is not successful in resolving the entire dispute, any
outstanding issues will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not
available, the dispute will be submitted to arbitration in accordance with the
laws of England. The arbitrator’s award will be final, and judgment may be
entered upon it by any court having jurisdiction within England.
Covenant of Good Faith and Fair Dealing. The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
Miscellaneous Terms
Time is of the essence in this Agreement This Agreement may be executed in counterpart. Making and permitting a booking to proceed is considered to be
acknowledgment that the Client has read, understood and agrees to all terms
of this agreement where this document has been made readily available for the Client to review. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements
including building and fire regulations. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, it is the
parties’ intent that such provision be reduced in scope by the court only to the
extent deemed necessary by that court to render the provision reasonable
and enforceable and the remainder of the provisions of this Agreement will in
no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties and
cannot be changed except by written instrument subsequently executed by
the parties to this Agreement. All negotiations and understandings have been
included in this Agreement, Statements or representations which may have
been made to the Client by the Performer, or to the Performer by the Client, in
negotiation stages of this Agreement may in some way be inconsistent with
this final written contract. All such statements are declared to be of no value in
this Agreement. Only the written terms of this Agreement will bind the parties.
The Performer specifically warrants and represents that all copyrighted
material to be performed has been licensed or authorised by the copyright
owners or their representatives. The Performer indemnifies the Client for any
Copyright infringement and any expenses that may result from such copyright
infringement during or as the result of the Performance.
The Client will be responsible for providing suitable power and electricity for the Performance. It is the intent of the parties to this Agreement that the Performer is an
independent contractor and will control the manner and means of the
Performance. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client.
You are reminded that by proceeding your booking with the Business, this
document will form a legal agreement between you, the Client and the
Business. If there is any part of the agreement you do not wish to agree to, or
find yourself with a lack of understanding, you are instructed to cancel your
booking with the Business immediately and raise any queries or concerns with
the Business or an authorised representative at the earliest possible
opportunity. A new booking may be possible subject to new applicable Terms
and Conditions being agreed by all parties concerned.