terms and conditions

Background
On 17 December 2003, The Conduct of Employment Agencies and Employment Businesses Regulations 2003 were made. The Regulations state that agents within the music agency must by law provide their standard terms of business in writing to each hirer (promoter/venue) with whom they deal. These terms and conditions form a part of the contract and must be read and agreed in advance of the booking confirmation.

Definitions
"the Contract" - the booking confirmation and these terms and conditions
"the Agent" – Joogleberry Acts.
"the Client" - the client named in the Contract
"the Artiste" - the artiste named in the Contract
"the Venue" - the performance venue named in the Contract
"the Engagement" - the performance engagement detailed in the Contract

1. Authorisation
1.1 The Contract represents written confirmation of a prior verbal, electronic or written agreement and no signatures are required to bring it into force.
1.2 The Agent acts as employment agency for the purposes of this contract
1.3 Whilst every reasonable safeguard is assured, the Agent is not responsible for non-fulfilment of the Contract by either party and accepts no responsibility for losses or damages arising as a result of the Contract.
1.4 The Client and the Artiste warrant that no previous contract exists that may prevent the Contract from being fulfilled and that no future contract will be entered into from the date of the Contract.
1.5 No servant or agent of the Agent has the power to vary these terms and conditions.
1.6 If any term of the Contract is held by any competent authority to be invalid or unenforceable, the remainder of its terms shall still remain in force.
1.7 Failure of the Artiste to adhere to the terms of engagement detailed within the Contract including any additional clauses constitutes a breach of contract and may result in claims for damages by the Client.

2. Confirming the booking
2.1 Immediately upon receipt of the Booking contract, each party must read the terms and conditions contained herein. If either party does not want to be bound by the terms and conditions of the Contract or has any doubts whatsoever, s/he must notify the Agent in writing by recorded delivery within 7 days from the date of issue to request that the Contract be revoked.
2.2 The Contract cannot be rescinded when it has been verbally agreed by all parties within the 14 day period prior to the date of the Engagement.

3. Payment of fees
3.1 The agreed booking deposit is due strictly within 7 days of invoice. Deposit can be paid by cheque or BACS transfer (details on your invoice.)
3.2 The balance of the total fee is payable 14 days before the Engagement via cheque or BACS (see 3.1.)
3.3 Payment will be made by the agent to the Artiste within 14 days following the Engagement subject to the Artiste providing a suitable invoice. If the Artiste is VAT registered, a valid VAT invoice is required for payment.
3.4 If payment has not been received 14 days prior to the event, the Agent will inform the Artiste without delay and the Artiste may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in Clause 4.6 below.
3.5 The booking fee is a fee charged directly to the Client for sourcing and securing the Artiste for the Engagement, typically equal to 15-20% of Artiste's fee. The booking fee is not a deposit against the Artiste's fee and is non-refundable in all circumstances.
3.6 The agreed booking deposit comprises the booking fee and an additional sum as agreed at the time of booking up to 50% of the total fee for the engagement.
3.7 The Agent is authorised to accept a deposit up to 100% of the Artiste's fee on behalf of the Artiste and to retain the whole of any such deposit as payment or part payment of any outstanding fees and/or overdue accounts.
3.8 If the Client has agreed to cover additional costs or expenses, such as accommodation or transport, these must be paid within 14 days of the Engagement date. Invoices and receipts must be provided by the Artiste on request.
3.9 The booking fee, Artiste's fee or both may be subject to VAT at the current rate. This will be indicated clearly on the Contract and accompanying invoices.
3.10 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 Joogleberry Acts’ agreed rate of commission. The 'artist' must disclose to Joogleberry Acts additional monies collected within 7 days of the event and forward commission due within 7 days.

4. Cancellations
4.1 Cancellation by either party is not permitted except where Clause 9 above applies or where the Client and Artiste mutually agree to cancel the Contract and confirm this in writing to the Agent.
4.2 The booking fee paid by the Client is non-refundable in all circumstances.
4.3 Should the Artiste have to cancel the engagement they must inform the Agent immediately. If cancellation is due to sickness the Artiste must provide a valid medical certificate if required to do so.
4.4 Should the Artiste request cancellation of the Contract, the Agent will inform the Client without delay and attempt to source a suitable alternative. On occasion, an alternate act may not be available and, in this instance, the Agent will refund to the Client any deposit held against the Artiste's fee.
4.5 If a replacement artist is required at the 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.
4.6 Should the Client request cancellation of the Contract, the Agent will inform the Artiste without delay and will be subject to the following conditions:
(a) 90 days or more before the date of the engagement 50% of the total fee is due.
(b) 30-90 days before the date of the engagement 75% of the total fee is due.
(c) within 30 days of the date of the engagement 100% of the total fee is due.
4.7 The cancellation fees detailed in clause 4.6 are payable within 14 days of cancellation.
4.8 If any deposit held by the Agent is greater than the cancellation fee, the Agent will return the balance to the Client within 14 days of cancellation.
4.9 Artiste cancellation fees should be sent to Joogleberry Acts to be forwarded on to the Artiste within 14 days of receipt.
4.10 Provided that the Client pays to the Artiste his/her full salary detailed in the Contract, subject to his/her duly rendering services or being ready, willing and able to do so, the Client may, without giving any reason, prohibit the whole or part of the Artiste's performance or exclude the Artiste from any or all performances, as s/he sees fit.

5. Re-engagement of the Artiste
5.1 The Client agrees not to approach the Artiste directly to engage for further bookings. All future bookings are to be made via the Agent for a period of 18 months from the date of the Engagement.
5.2 The Artiste agrees that any enquiries or re-bookings for the client, venue or any other party which arises as a result of this engagement, shall be negotiated solely through Joogleberry Acts. Only business cards or publicity material provided by Joogleberry Acts shall be given out on the engagement.

6. Client Responsibilities
6.1 The Client must ensure that the Venue is able to provide a safe and appropriate working environment for the Artiste. A suitable performance area must be provided and any potential Health and Safety issues should be disclosed to the Agent prior to the confirmation of any booking.
6.2 The Client is responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any individual, the Artiste is entitled to cease the performance and still be paid in full.
6.3 It is agreed by the Client and the Artiste that the equipment and instruments of the Artiste are not available for use by other performers or persons except by specific permission of the Artiste.

7. Artiste Responsibilities
7.1 The Artiste will perform for the Client to their highest standard and in the manner in which they have represented themselves to the Agent via their promotional material.
7.2 The Artiste is required to hold valid Public Liability Insurance covering the Engagement date and hold current electrical safety (PAT) testing documentation where applicable. Artistes are advised to carry comprehensive insurance cover for equipment, props and other valuable items.
7.3 The Artiste offers an assurance that s/he and all supporting Artistes, technical crew and other associates, will conduct themselves in a responsible and professional manner at all times, with due regard to Venue rules, regulations and Health and Safety requirements.
7.4 The Artiste should use the line-up as represented to the Agent and Client wherever possible. If due to unforeseen circumstances the Artiste is required to substitute a performer, the Artiste will notify the Agent without delay and warrants that any performer utilised is suitable. No reduction in fee for the use of a substitute performer is applicable and does not constitute grounds for cancellation unless the performer being replaced is of significant celebrity.
7.5 The Artiste is responsible for his/her own Tax and NI Contributions.

8. Complaints
8.1 In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the Agent within 14 days. The Agent will mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the Client and Artiste should seek independent legal advice. The Agent is not responsible for the Client or Artiste and their failures but will attempt to settle all disputes swiftly and satisfactorily.
8.2 Complaints arising from arrangements made between the Client and the Artiste but without consultation of the Agent should be settled between the Client and the Artiste exclusively.

9. 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 Artiste or Client, then the Artiste or Client may cancel this booking without penalty other than loss of deposit.