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Terms and Conditions
GENERAL CONDITIONS
1. 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:
2. 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 Charm Music in advance of the event. and initialled by both parties.
3. This booking contract is negotiated by charm music Agency (the ‘agent’) between the ‘client’ and the ‘artist’. In this respect, Charm Music acts as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.
4. 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'.
iii : Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
5. Any subsequent booking(s) of the same Artist(s) at this venue and/or with this Client resulting directly from this engagement shall be negotiated through this Agency. The Artist(s) agree to refer rebooking and any enquiries resulting from this engagement to the Agency.
6. Cancellation by Client:-If the Client shall at any time prior to a date not less than 4 weeks before the date of the Engagement cancel the Engagement and have given notice in writing to the Artist of such cancellation accompanied by payment of a sum equal to 75% of the Fee by way of liquidated damages the Artist shall have no further claim against the Management under this Agreement. If the client shall cancel the Engagement 4 weeks or less before the date of the Engagement the Artist shall be entitled to recover full damages for his loss from the Client unless the Client shall thereupon have paid to the Artist a sum equal to 100% of the Fee by way of liquidated damages in which event the Artist shall have no further claim against the Client under this Agreement.
7. Cancellation by Artist: - Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (See clause 21) In the unlikely event that the ‘artist’ cancels the booking, the ‘artist’ agrees to inform Charm Music immediately. Charm Music 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’.
8. Should the ‘artist’ cancel a booking under circumstances not covered by 'force majeure' (see clause 21) the ‘client’ may pursue unlimited damages from the ‘artist’ as they see fit. The ‘artist’ also agrees to pay Charm Music an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to Charm Music 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 Charm Music.
9. 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 Charm Music 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.
10. 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.
11. Late payment of deposit:- All deposits are non-refundable. 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 6 of these terms and conditions.
12. Late payment of 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.
13. These fees should be sent to Charm Music to be forwarded on to the ‘artist. The ‘artist’ agrees to pay Charm Music our standard commission on any balance which is increased due to the addition of ‘late payment fees’.
14. The ‘client’ agrees to negotiate all future bookings of the ‘artist’ with Charm Music and not with the ‘artist’ directly, for the period covering the issue date of this contract 18 months after the event date on this contract.
15. 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 Charm Music, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘artist’ must inform the person/s concerned to contact Charm Music. 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 Charm Music and invoiced for commission against any resulting work accordingly.
16. The Client shall at its own cost make adequate and secure changing room and cloakroom facilities available for the Artist.
17. In the unlikely event of the Artist(s) being unable to perform through illness or road traffic accident, the Client will be notified immediately and a medical certificate setting out the nature of the illness or accident provided for the Agency and Client. In case of illness every effort will be made to provide alternative entertainment.
18. 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.
19. It is agreed and understood that the Agency may be in turn dealing with proven suppliers, sub-contractors, managers or other agencies on behalf of the client, and although every effort will be made to ensure that all services and supplies as contracted are provided, the Agency cannot accept liability for non-appearance, non-delivery or breakdown of equipment that is beyond our control.
20. Any riders or other documents relating to the engagement attached hereto shall be deemed an integral part of this agreement.
21. 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.
NB :The General Conditions apply except as amended by Special Stipulations