Terms of service.
TIDAL ENTERTAINMENT AGENCY LTD (“Agent/Agency”) advise of our Terms of Business in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Regulations”) as follows:
The “Agent” acts primarily as an Employment Agency in compliance with the “Regulations”. In our capacity as an Employment Agency, we act as “Agents” for the “Artist”, therefore the agreements made are between the “Client” and the “Artist” and not with the “Agent” directly.
Once a booking has been confirmed with the “Client” and the “Agent” VERBALLY, ELECTRONICALLY or in WRITING, both parties will be subject to a legally binding “Booking Contract”. The “Booking Contract” will consist of a “Booking Contract” and the following non-negotiable “Terms and Conditions”. If you do not understand any part of these Terms and Conditions, please contact the “Agency” for clarification or seek legal advice before agreeing to them.
EXCLUSIVITY AND REBOOKING TERMS
The artist and client agree that for 18 months after any booking, they must conduct all future bookings and enquiries through our agency. Please see 1.7 to 1.9 for full details.
1. Booking Confirmation and Process
1.1. All bookings become effective immediately upon both the “Client” and the “Artist” confirming the booking, whether verbally, electronically or in writing (“Confirmation”). The “Agent” will issue the “Booking Contract” to both parties in acknowledgement of the “Confirmation”. The “Booking Contract” serves to confirm the details of booking however the booking of the “Artist” has already occurred.
1.2. The “Booking Contract” should be checked, signed and returned to the “Agency” within 7 days by the “Client”.
1.3. By signing this “Booking Contract” the “Client” confirms that they are authorised to do so and that if they are not that they will be held personally responsible for the fees payable.
1.4. Following the return of the “Booking Contract” from the “Client”, the “Artist” will also be issued a “Booking Contract”.
1.5. Upon return receipt, both copies shall be filed by the “Agency” which will be made available on request by either the “Client” or the “Artist”.
1.6. Non-return or non-completion of the “Booking Contract” by the “Client” or “Artist” does not serve to terminate the agreement and you may be liable for cancellation fees should you subsequently wish to cancel the “Booking Contract” following your “Confirmation”
1.7 Exclusivity Agreement:
a) Upon the completion of any booking facilitated by the Agency between the Artist and the Client, an exclusive business relationship is established
b) This exclusivity means that any future bookings between this specific Artist and this specific Client must be conducted through the Agency
c) The exclusivity period shall last for eighteen (18) months from the date of the original booking
d) This applies to all bookings, enquiries, and business arrangements between this Artist and this Client during the exclusivity period
1.8 During this exclusivity period:
All rebookings of the Artist for this client, must be made exclusively through the Agency
This applies to both immediate rebookings and future enquiries arising from the initial booking
1.9 Direct Booking Penalties:
CLIENT
If the Client books the Artist directly during the exclusivity period, bypassing the Agency, the Client will be liable for:
a) The full booking fee payable to the Artist
b) An additional fee equal to the booking value payable to the Agency
ARTIST
If the Artist accepts any direct bookings from the Client during the exclusivity period, bypassing the Agency, the Artist will be liable for:
a) An additional fee equal to the booking value payable to the Agency
b) This fee is separate from and in addition to the Client's liability
2. Payment of Fees
BOOKING FEE
2.1. The agreed “booking fee” (along with the “Booking Contract”) is due for payment at the point of confirmation of the booking or within 7 days (or 5 working days) of “Confirmation” if agreed by the “Artist”. “Booking fees” are payable by debit/credit card or BACS transfer (details for payment are set out in the invoice). The “booking fee” is non-refundable.
2.2. Any fees paid by credit or debit card may be subject to a processing fee of up to 1.5% + £0.20 for standard UK cards and 1.9% + £0.20 for premium UK cards of the amount being paid.
2.3. Failure by the “Client” to pay the “booking fee” in the timeframe specified will be deemed a breach of contract and the “Booking Contract” will be terminated. In these circumstances the “Artist” may be released from any contractual ties and Section 5 (“Cancellations”) will apply. Should this happen the “Client” will remain liable for the “booking fee” as an administration fee, per Section 5 (“Cancellations”).
BALANCE
2.4. Unless otherwise agreed by the “Client” and the “Artist” in writing on the “Booking Contract”, the Balance is payable to the “Agency” as per the details on the quote/invoice.
2.5. Failure to pay the “Agency” the remaining balance within the terms agreed in the “Booking Contract” will result in an automatic late payment administration fee of £25 being charged to the “Client” by the “Agency”. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £25 shall be added to the outstanding amount. In addition, if a cheque paid to the “Artist” on the day of the event does not clear (i.e. it “bounces”), these charges shall also become applicable, plus, any costs incurred by the “Agent’s” bank for handling and administration.
2.6. If the outstanding Balance has not been paid after 14 days of completion of the Booking, the amount may be sought via legal processes or referred to a debt recovery agency by the “Agency”.
2.7. The “Client” can choose to pay the Balance of the booking fees to the “Agency” no later than 30 days prior to the Event Date.
2.8. If Balance fees, which the “Client” is due to pay, prior to the Event Date, have not been received, the “Agent” reserves the right to terminate the “Booking Contract” without penalty, and the “Client” will forfeit any other fees paid previously, and remain liable for any cancellation fees due.
3. Changes to the “Booking Contract”
3.1. Changes to the “Booking Contract” are permitted but should be arranged and agreed by the “Agency” in advance of the Event Date.
3.2. Changes to the “Booking Contract” on the day of the event are permitted and are subject to the terms detailed in Section 4.
3.3. Changes to the “Booking Contract” may result in an alteration of the Total Cost. Financial adjustments made, as a result of changes to the “Booking Contract”, may affect the “booking fee” and/or the final Balance.
4. Changes to the “Booking Contract” on the Day of the Event
4.1. On the day of the event, any unavoidable changes to the “Booking Contract” should first be negotiated and agreed between the “Artist” and the “Client”.
4.2. If any agreed changes to the “Booking Contract” result in additional fees being charged the “Agency” accepts full responsibility to collect these fees.
4.3. Any changes will be subject to these terms and conditions.
THE READERS’ ATTENTION IS DRAWN SPECIFICALLY TO CLAUSE 5
5. Cancellations
5.1. Neither the “Client” nor the “Artist” may terminate this “Booking Contract” unless as the result of a “Force Majeure Event” or “disbandment”, and provided that the cancelling party informs the other party at the earliest possible opportunity.
5.2. The “Artist” undertakes to inform the remaining parties in the booking of any requests to terminate the “Booking Contract” at the earliest possible opportunity.
FORCE MAJEURE
5.3. Both the “Artist” and the “Client” agree that in the event of any cancellation resulting from a “Force Majeure Event”, the “booking fee” will be forfeited.
5.4. A “Force Majeure Event” is defined as an Act of Nature (such as war, fire, death, illness or other incapacity 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) and which cannot be attributed to any act or failure on behalf of the “Artist” or “Client” to take preventative measures.
5.5. The terminating party may be required to provide supporting evidence, in writing, of their reason to terminate. In the event of supporting evidence being requested but not being provided, the remaining parties in the booking may decline to terminate under the definition of “Force Majeure”. If being cancelled by the “Client”, cancellation fees as detailed in Section 5 (“Cancellations”) may apply.
5.6. If cancellation as a result of a “Force Majeure Event” is successfully proven the cancellation fees outlined in Section 5 (“Cancellations”) will be unenforceable.
CANCELLATION BY THE “ARTIST”
5.7. The “Artist” may only cancel this “Booking Contract” as the result of a “Force Majeure Event” or “disbandment”. In either event, the “booking fee” will be forfeited however any balances remaining will not be due.
5.8. Where the “Artist” cancels, for any other reason other than “Force Majeure”, the “Artist” shall immediately begin the process of sourcing an alternative act for the “Client”. Any proposed alternative act will closely match the general description, and standard, of the original “Artist” booked. This work is carried out at no additional cost to the “Client”.
5.9. If the “Client” does not wish to accept the suitable alternative act, they are prohibited from sourcing replacement acts from outside the “Agency”. Any breach of this provision will result in the full booking fee being due to the “Agency”.
5.10. Where the “Artist” has cancelled for reasons not covered under “Force Majeure” the “Client” may pursue legal action. The “Artist” must also reimburse the “Client” the cost difference between their original performance fee and the fee resulting from the booking of a substitute artist.
5.11. Where time allows, and upon the “Client” accepting an alternative act from the “Agency”, the “Booking Contract” will be re-issued to reflect all agreed changes. Where time does not allow, for example on the same day as the Event Date, and an alternative act is sourced, an agreement over text or email must be reached and all other terms & conditions still applied.
5.12. Where the “Agency” is successful in sourcing a suitable replacement Artist of similar value, no refund shall be given to the “Client” against “booking fees” already paid. In the event of the replacement Artist being of lower value, the difference in the “booking fee” shall be refunded and the replacement Artist shall receive their agreed fee.
5.13. On rare occasions it may be the case that no suitable alternative act is available. In this case the “Agency” will refund the “booking fee” in full to the “Client”.
CANCELLATION BY THE “CLIENT”
5.14. The “Client” may only cancel this “Booking Contract” as the result of a “Force Majeure Event”.
5.15. In the event of termination of the “Booking Contract” by the “Client” (for any reason other than “Force Majeure”) the “Agency” will immediately begin the process of sourcing alternative work for the Event Date, however it is not guaranteed that a suitable alternative will be sourced.
5.16. If the “Client” terminates the “Booking Contract” for any reason other than “Force Majeure” the following cancellation fees, in addition to the loss of the “booking fee”, will apply:
Cancellation Period
Cancellation Fee
Less than 48 hours after “Confirmation”
No additional fee due to the “agent” or the “artist”.
After 48 hours of confirmation and up to 90 days before the Event Date
50% of the remaining “Balance” is due to the “artist”
Within 90 days and up to 61 days before the Event Date
75% of the remaining “Balance” is due to the “artist”
60 days or less from the Event Date
100% of the remaining “Balance” is due to the “artist”
5.17. All cancellation fees are due to the “Agent” within 14 days of cancellation.
5.18. We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agency, or a County Court Judgement, which may incur a surcharge of 15% of the debt, plus VAT at the prevailing rate. The “Client” agrees that they will be legally liable to pay that surcharge, and that payment of the same can be enforced against the “Client” in court. The “Client” also agrees to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.
6. “Client” Responsibilities
POWER AND PERFORMANCE AREA REQUIREMENTS
6.1. The “Client” must ensure the venue booked for the performance is able to provide a safe source of power, a safe, level and waterproof performance area or staging, and that the venue is able to accommodate the“Artist” by possessing appropriate licenses. The “Client” remains liable for the total fees if the “Artist” is unable to fulfil this “Booking Contract” due to venue restrictions.
SOUND LIMITERS
6.2. The “Client” must ensure that the performance of the “Artist” will not be restricted or terminated as a result of noise limitations devices (sound limiters). In the event of the “Artist” being unable to perform, or should the “Artist” deliver a sub-standard performance as the result of limiters, the “Client” is still liable for the total fees.
6.3. The “Client” should ensure the above requirements (6.1 and 6.2), and any other relevant information, are investigated and disclosed to the “Agent” prior to confirming a booking.
CAR AND VEHICLE PARKING
6.4. The “Client” must ensure there are free of charge parking facilities available to the “Artist” within the immediate vicinity of the performance venue for all vehicles associated with the act and their party. Should no parking be available, the “Client” will be liable for any parking charges incurred. Additionally, if parking facilities are located more than 200 yards from the venue access point the “Artist” reserves the right to charge a fee no greater than £150 for the additional workload.
FOOD AND DRINK (REFRESHMENTS)
6.5. Where the total booking time exceeds 3 hours it is the “Client's” duty to provide the “Artist”, including any production, road crew and members of their party, with adequate refreshments for the duration of their time at the performance venue. The minimum that must be provided is a free of charge unlimited supply of mineral water and soft drinks and a hot meal or buffet.
6.6. Where the “Client” fails to provide adequate subsistence to the “Artist” a fee of £15 per member will be charged to the “Client”, which would be due for payment within 7 days of completion of the event.
EXPENSES
6.7. If the “Booking Contract” includes a schedule for the “Artist’s” requirements, including but not limited to subsistence, accommodation, travel, technical specifications, staging etc., then the “Client” agrees to cover these costs at their own expense.
6.8. The “Artist” agrees to provide receipts for expenses to the “Client” within 60 days of the Event Date.
6.9. The “Client” agrees to reimburse all expenses within 28 days of receipt of the “Artist’s” invoice.
CHANGING/HOLDING ROOM
6.10. The “Client” must ensure there is a suitable place for the “Artist” to change and store equipment and/or cases. This area should be lockable, contain seating and a safe source of power. If the “Artist” features both male and female members 2 rooms should be provided.
SAFETY AND WELLBEING
6.11. The “Client” must ensure that the “Artist” is not subjected to any violent, aggressive behaviour, tormenting or generally threatening behaviour for the duration of this “Booking Contract”. In the event of this happening the “Client” must have the perpetrator(s) removed from the venue immediately. The “Artist” reserves the right to terminate their performance without notice or penalty if they are subject to any behaviour of this nature, in which case the “Client” would still be liable for the total fees.
EQUIPMENT USE
6.12. Unless given express permission, all equipment belonging to, or brought on site by, the “Artist” is for their sole use only, and use by any other person is strictly forbidden.
6.13. All the required elements detailed under Section 6 “Client Responsibilities” must be provided by the “Client” at their own expense. Where elements are not provided this will be considered a breach of contract. The required elements are negotiable via the “Artist” only and any agreed changes will be specifically documented on the “Booking Contract”.
7. Artist Responsibilities
7.1. The “Artist” must perform to their highest standard and in accordance with the specification and abilities demonstrated to the “Artist” during their audition performance or supplied promotional materials.
7.2. Unless otherwise stated the “Artist” agrees to provide all equipment necessary and as required in order to perform in fulfilment of this “Booking Contract”.
7.3. The “Artist” must possess PLI (Public Liability Insurance) to a minimum of £5,000,000 cover and ensure that all electrical appliances used for their performance has current and valid PAT (Portable Appliance Testing) certification. The “Artist” must provide these to the “Client” or “Venue” on request. The “Artist” is fully responsible for these matters.
7.4. The “Artist” agrees that the fees detailed in this “Booking Contract” are fully inclusive, final and not subject to any change. Furthermore, the “Artist” is not employed by the “Agency” and is responsible for their own accounting and legal contributions, as well as payments to other members of the act.
7.5. The “Artist” will be suitably attired in accordance with their promotional material and/ or any dress codes agreed with the “Client” prior to the event.
7.6. The “Artist” will remain courteous and conduct themselves in a professional manner with the “Client”, their guests and venue staff at all times. The “Artist” will not act in any manner deemed damaging to the reputation of themselves, the “Client” or the “Agency”, at any time.
7.7. It is the responsibility of the “Agency” to contact the “Client” prior to the performance, at the time indicated in the Booking Details, for the purposes of confirming any final details such as parking, payment contacts, subsistence, dress code and invoicing, or any other matters either the “Client” or “Agent” may wish to discuss.
7.8. The “Artist” must ensure at the time of signing the “Booking Contract” that they are under no obligation to any other parties that may interfere with this booking.
8.Complaints
8.1. All complaints must be documented in writing and submitted to the “Artist” within 28 days of the Event Date.
8.2. If the “Artist” is perceived to have breached the “Booking Contract” and/or has failed to fulfil any part of the agreed Booking Terms, the “Client” may wish to claim a reduction in the “Artist” fee. In this circumstance the “Client” must still pay the “Artist” the full amount as detailed in the “Booking Contract” and seek a return of fees, following successful application, via the “Artist”. The “Client” may not reduce payment to the “Artist”, for any reason, at the time of the event. Failure to pay the “Artist” the agreed fee will result in charges as outlined in Section 2 (Payment of Fees).
8.3. The “Agency” may not be held responsible, by any party, for failings on behalf of the “Client”, however the “Agency” will make every effort to settle any disputes quickly and fairly. If a mutual agreement is not achievable between the “Client” and the “Artist”, both parties shall be entitled to seek legal advice or pursue any other course of action.
8.4. Any complaint submitted to the “Agency” may only relate to the booking elements as documented in this “Booking Contract”.
9. Event Delays and Late Finishes
DELAYS
9.1. If the “Artist” is unable to fulfil their obligations as detailed in the “Booking Contract” due to the late running of, or adjustment to, the event schedule, or as a result of a restriction to their performance, which is no fault of their own, then full payment will be due to the “Artist”, and the “Client” will not be entitled to a reduction in fees.
LATE FINISHES
9.2. If the “Artist” is requested to perform or provide services, in any respect, beyond the finish time originally agreed on the “Booking Contract”, the “Artist” will be entitled to charge a Late Finish Fee. This fee should be agreed between the “Client” and the “Artist” at the time. If a fee is not agreed upfront, then the “Artist” will be entitled to 10% of the total agreed balance per 1⁄2 hour of extended services provided.
9.3. All Late Finish Fees must be settled by cash, cheque or transfer on the night of the event and paid directly to the “Artist”.
9.4. The “Artist” may refuse a Late Finish request, for any reason, without penalty.
10. Extended Performance and Services
10.1. If the “Artist” is requested to perform or provide services, in any respect, for longer than was originally agreed on the “Booking Contract”, the “Artist” will be entitled to charge an Extended Performance Fee. This fee should be agreed between the “Client” and the “Artist” at the time. If a fee is not agreed upfront then the “Artist” will be entitled to 25% of the total balance for every 25% that the originally agreed performance time is extended.
10.2. All Extended Performance Fees must be settled by cash, cheque or transfer on the night of the event and paid directly to the “Artist”.
10.3. The “Artist” may refuse to extend their services, for any reason, without penalty.
11. Use of Alternative or Deputy (dep) Performers
11.1. The “Artist” agrees to utilise its standard line-up of performers as promoted on their website unless otherwise agreed in advance, or as the result of a “Force Majeure Event”.
11.2. The “Artist” agrees to advise the “Agency” if a “Dep” performer is to be used in fulfilment of this “Booking Contract”.
11.3. The “Artist” agrees that any “Dep” performer will be of the same standard of ability and competence as the performer being replaced, and that the “Dep” possesses the same high standard of knowledge of the “Artist’s” repertoire.
11.4. The “Artist” agrees that if a replacement performer is required and a suitable “Dep” is available then they will utilise the “Dep” rather than cancel the booking.
11.5. The “Client” is not entitled to a reduction in fee if a “Dep” performer is used.
11.6. The “Client” may not unreasonably refuse the use of a “Dep”.
11.7. The “Artist” shall not be prevented from using alternative performers where they have previously indicated, or advertised, that alternatives may be used.
12. Rights of Third Parties
12.1. The “Client” and “Artist” may enforce these terms in accordance with the “Booking Contracts” (Rights of Third Parties) Act 1999.
12.2. Only parties subject to this “Booking Contract”, and no other person, may enforce its terms by virtue of the act.
13. Indemnity
13.1. The “Agency” cannot accept responsibility for any damages or loss resulting from this booking and any claims for compensation should be pursued between the contracted parties.
14. General
14.1. The parties agree that this “Booking Contract” is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.