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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
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