General privacy statement.
Terms & Conditions
HVilleMusic has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these terms, please call HVille Music for clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agent will issue these terms and conditions and the Entertainment Booking Form (together the “Contract”) as well as payment details regarding when fees are due to the Agent (as identified in the Payment Document) with a copy that must have a signature from the client and this must be returned within 5 working days from the date of confirmed booking. A copy of this Contract will also be forwarded to the Artist (as identified in the Entertainment Booking Form) for signature immediately, again to be signed and returned within 5 working days from the date of confirmation.
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1.1 This booking contract is negotiated by the Agent and is made between the Client and the Artist. In this respect, the Agent is acting as an employment agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing (“Confirmation”).
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date, and for a further period of twelve months.
3. Changes to contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
3.2 All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist’s reasonable travel time and cost). The Agent shall provide a break down of the Total Cost within 5 days of request from the Client, setting out the deposit required, the sum payed 90 days in advance of the confirmed date by Agency, Client and Artist, and 30 days in advance, fees payable for any additional extras, fees payable for travel, travel expenses and other expenses.
4.2 Agreed Deposit is due strictly within 5 working days of invoice. Deposits can be paid by Paypal, cheque, debit/credit card or BACS transfer (details for payment are set out in the payment plan and the invoice). The Deposit is non-refundable.
4.3 The payment plan for the Client has directions of the amount that the Client has to pre-pay prior to the event date and the dates to which the money must be payed in to HVilleMusic Agency. If payment is delayed on either the deposit, Installment 1 or the final Installment more than 14 working days after payment is due the Agency has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
4.4 If any case where the Client has not payed the full fee prior to 7 working days before to the Event Date, the Agent and Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 18) provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.
5.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
5.3 Where the Client has terminated (or is deemed to have terminated) the Agency shall use all reasonable endeavours to secure an alternative booking on the Event Date with the same Artist. The Artist shall not make bookings direct with the Client if the Contract has terminated for the original date and all bookings relating to the contract should be taken through the Agency.
5.4 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit, calculated as follows:
5.4.1 Cancelation fees
Cancelation period Cancelation fee
Less that 48 hours after confirmation: Nil
Up to 60 days before event: 50% of balance
Up to 30 days before event: 75% of balance
Up to 7 days before event: 100% of balance
5.4.2 Where the Agent has secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.
5.5 All cancellation fees shall be paid to the Agent within 14 days of the Event Date who shall forward the correct cancellation fee amount on to the Artist within 7 days of receipt of clear funds.
5.6 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Artist
6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agent agrees to refund the Client the Deposit plus any other fees already paid in advance.
6.3 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a Contract for any reason other than a Force Majeure Event the Artist shall pay within 5 working days to the Agent an administration fee equal to the commission due on the Contract (being an amount equal to the Deposit). The Artist shall be liable to pay to the Client the difference between the original Total Cost under this contract and the new fees charged by any replacement artist arranged for the Client by the Agent up to a maximum higher price difference of 20% of the Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
6.4 No refund shall be given to the Client against the Deposit already paid, and no administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be due their usual fee. The Agent shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Agent within the terms specified will result in interest being charged on the balance due specific to payment times.
8.2 The Agent reserves the right to claim interest on late payments at 5% above the Bank of England base rate from time to time.
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no more than 30 days after the Event Date.
9.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist, the Agent will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, the Agent will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agent will act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the Agent cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, but not confirmed by the Agent in writing, shall be dealt with between the Client and the Artist directly. The Agent shall not mediate over these changes.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agent.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Artist accepts full responsibility to collect monies within 7 working days and to let the agency know of additional costs taking into account the agents commission.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 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.
11.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable to the Agent 7 working days after the Event date which shall become due as a late finish fee.
11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, must be payed to the Agent 7 working days after the Event date which shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for the period covering the issue date of this Contract until 12 months after the Event Date on this contract.
13.2 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 the Agent to the Client, their guests, staff, venue or contractors.
13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Artist shall notify the Agent immediately and account to the Agent an amount equivalent to the Deposit that would have been payable had the booking been made with the Agent.
14.1 If this Contract includes a schedule containing the Artist’s requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
15.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
15.3 The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.
16. Artist equipment
It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist.
17. Use of alternative/deputy performers
17.1 This clause covers any person or persons who stand in for one or more of the Artist’s standard group of performers should they be unable to perform on the date of the event.
17.2 The Artist will perform using their standard group of performers as advertised to the Agent and the Client unless otherwise agreed by the Agent and the Client in advance, or it is necessary due to a Force Majeure Event. The Artist agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Artist’s repertoire, and represent the Artist to the same high standard that is known by the Agent and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
17.4 There will be no reduction in the Artist’s fee if a deputy performer is used.
17.5 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such 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) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
19. Rights of Third Parties
19.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.
19.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.
20.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.
APPENDIX – ARTIST SERVICE GUARANTEE
The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artist’s show, as known to the Agent and as advertised to the Client via distribution of the Artist’s demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Artist agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist’s responsibility to ensure the good working order and safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The Agent, or the Client.
The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information at the Event. The Artist must refer all prospective clients resulting from this booking to the Agent.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by the Agent and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
Harrison Wood, on behalf of HVille Music
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