TERMS AND CONDITIONS

Definitions/Terminology

The following terminology applies to the below terms and conditions between Clinic Entertainment Agency and any other party.

the agency - Clinic Entertainment Agency, acting as a negotiator between the client and the artist.

the client - Any individual or company making a booking enquiry or a booking for an artist that the agency promotes.

the artist - Any individual or group of persons or business entity enquiring about or being represented by the agency.

All words referring to the plural shall equally apply to the singular and all words referring to the singular shall also apply to the plural. Example: "I/We", "Client/Client's" etc

All words referring to the masculine shall equally apply to the feminine and all words referring to the feminine shall also apply to the masculine. Example: "he/she", "his /her" etc

General Terms of Business

Under the UK employment legislation (The Conduct of Employment Agencies and Employment Businesses Regulations 2003) effective from 6th April 2004 we may require certain declarations from artists and/or their management, or bookers on commencement of their business with us.

Clinic Entertainment Agency operate as an "Employment Agency" under the terms of the legislation, representing artists for the purposes of contracting them for temporary occasional work with clients as a performer(s) in the entertainment industry.

By entering into any negotiation or agreement whether written or verbal or electronic for the booking of artists or services through the agency all parties will agree to accept and abide by the specific terms and conditions of the booking agreement and the terms and conditions as currently described here. All parties agree that the agency cannot be held responsible for non fulfillment of bookings or non payment of fees.

Upon written, verbal or electronic confirmation of a booking, a contract will be issued to the client for signature and must be returned within 5 working days. A copy of the contract will then be forwarded to the artist who will then sign and return with 5 working days. Both parties may keep one copy of the contract for their personal records.

Any changes to the booking contract must be arranged and agreed by the agency in advance of the event. If changes are made on the day of the event and are not possible to be arranged with the agency then changes must be agreed between the client and the artist prior to the performance. If any additional fees are agreed to incur then the artist accepts full responsibility of collection from the client and is in agreement that these fees are subject to the standard commission rate of the agency. These fees must be disclosed to the agency within 7 days of the event and the commission due forwarded within a further 7 days thereafter.

All agreements are deemed to have been made in England and are subject to English Law.

Artist Representation

Representation by the agency does not constitute employment with the agency. All contracts to hire whether written, verbal or electronic are direct contracts between the artist and the client, not the agency.

By entering into any agreement written, verbal or electronic for representation by the agency, the artist gives permission for the agency to enter into transactions with third parties for the promotion of the artist via print, verbal or electronic means at the agency's cost for the term of the contract.

The contract may be terminated by the artist by giving 3 months written notice to the agency. The contract may also be terminated by the agency if the artist fails to adhere to the terms and conditions herein or within the booking contract. If the artist falters on any of the terms within the contract then the agency reserve the right to suspend the artist from the agency for however long they see fit, or even terminate the contract completely.

The agency reserves the right to terminate the contract at any time for any reason if they see fit to do so.

Payment

The payment of the agreed booking deposit is due strictly within 5 working days of the date the client is invoiced. Deposit must be made in GB Pounds, free of deduction, by the client to the agency by bank transfer (BACS).

Cheque payment maybe acceptable by prior agreement with the agency and providing sufficient time is available to clear the funds prior to the event. The Agency reserves the right to refuse payment by cheque.

The balance of the total payment agreed within the booking contract, unless otherwise stated in writing on the booking contract, will be payable to the artist in cash (or by cheque if acceptable) on the day of the event.

Full payment details will be advised on the booking contract.

Cancellation / Postponement / Non-Fulfillment

By the Client:

Cancellation by the client is not allowed for any reason except circumstances covered by force majeure as described in the terms and conditions herein.

In the event that the client cancels the booking, the client agrees to inform the agency immediately. The agency agrees to inform the artist of the cancellation immediately.

The following cancellation charges apply;

• If the client cancels within 48 hours of confirming the booking then there will be no charges, unless the date of the event is within the forthcoming 7 days, in which case the full booking fee will be due.
• If the client cancels after 48 hours and up to 90 days from the event date then they will lose the booking deposit and 50% of the remaining balance will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
• If the client cancels within 90 days and up to 61 days of the event date then they will lose the booking deposit and 75% of the remaining balance will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
• If the client cancels within 60 days of the event date then they will lose the booking deposit and 100% of the remaining balance will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.

By the Artist:

Cancellation by the artist is not allowed for any reason except circumstances covered by force majeure as described in the terms and conditions herein.

In the event the artist cannot fulfill the engagement for reasons outside the artist's control, the artist agrees to inform the agency immediately. The agency 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. Should a suitable replacement not be found, the agency agrees to refund the client their deposit plus any other booking fees already paid in advance.

The artist will take all reasonable steps to fulfill the engagement or advise the client of any problem or delay or non-arrival where this is both practical and permitted by the authorities.

If the artist were to cancel a booking under circumstances not covered by force majeure, the client may pursue unlimited damages from the artist as they see fit. The artist also agrees to pay an administration fee equal to the commission due on the booking to the agency and this must be paid in full to the agency 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 the agency.

If a replacement artist of similar value can be arranged by the agency and agreed by the client then there will be no refund given to the client against the booking deposit already paid, and no administration charge will be payable by the artist. 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.

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.

The client agrees that the artist shall have the right to cancel the engagement without liability upon written or electronic notice to the client no later than 10 days prior to the date of the performance in the event that the artist is called upon to render their services for a major radio or TV appearance, performance or recording, a motion picture or any other major career-advancing opportunity. Should this situation occur the artist may be able to offer a mutually acceptable re-scheduled date to the client at the same performance fee as the original engagement, or the agency will where possible offer a replacement artist of similar style and profile

No payment shall be made by the agency to the client for any direct or consequential financial loss incurred as a result of the failure of the artist to perform.

The agency does not refund bank charges or other transaction charges incurred during any part of the booking process to any party under any circumstances.

Future Bookings

Repeat bookings from the same client and new bookings resulting from the artists performance detailed in the booking contract must be made through the agency and not directly with the artist for a period covering the issue date of the booking contract through to 18 months after the event date of the contract.

In the event that bookings are made by alternative means a booking fee for the performance, of the percentage or amount stated in this booking agreement, and for each subsequent booking made for the artist, is payable to the agency by the client.

The artist agrees not to hand out any business cards or promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the agency, to the client, their guests, staff, venue or contractors. If approached, the artist must inform the person(s) concerned to contact the agency. Any other action will contravene the terms and conditions herein, and if found to have done so then the artist will cease to be used by the agency and invoiced for commission against any resulting work accordingly.

Additional Expenses

If there are any additional expenses incurred by the artist (for example; travel, food and drink, accommodation, flights etc.) and they have been specified within the booking contract and signed by the client then the artist must provide receipts and an invoice to the client within 60 days after the event. The client must reimburse all expenses to the artist within 28 days of being invoiced. If any of these additional expenses are to be pre-paid before the event then this will be stated within the booking contract.

Artist Requirements

The following states the standard artist requirements:

• It is the client's responsibility to ensure that a safe source of power is provided for the artist, should the artist require power, and that all local authority regulations are adhered to. If there is any further information regarding power requirements specific to an artist, then this will be detailed within the booking contract.
• It is the responsibility of the client to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, including any live music licences. Other considerations, such as noise limitations, should be mutually agreed between the agency and the client prior to booking. Any relevant information should be disclosed to the agency prior to booking confirmation.
• It is the client's responsibility to ensure that a suitable performance area is provided. From the point of view of the performance and the overall look, this should ideally be a raised stage to distinguish the staging area from the dancing/seating area. However, the artist can perform without raised staging if necessary. Performance space requirements specific to each artist will be detailed on within the booking contract.
• It is the responsibility of the client to provide any refreshments requested by the artist stated within the booking contract.
• The artist will take up to 90 minutes to setup and prepare for the performance. The time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. The performance starting time will usually be no earlier than 7.30pm and the finishing time no later than midnight, unless otherwise stated within the booking contract. Any performance times or arrival times needed out of these hours may require additional fees which would be set out by the agency within the booking contract.

Performance

The artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the artists show, as known to the agency and as advertised to the client via distribution of the artists 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 where reasonable, 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 & safety of their own equipment, and to obtain all necessary insurances & certification.

The artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately, stated within the booking contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band/group.

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 agency, or the client.

The adjustment of the volume and sound level of any equipment shall be as the client reasonably requires.

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 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 equipment and instruments of the artist are not available for use by any other performers or persons except by specific permissions from the artist.

Tax / N.I. / Insurance etc

The artist performance fee as stated in the booking agreement is gross of personal income or commercial tax liability. Payment of personal income or commercial tax liability in their home country is the responsibility of the artist. Payments of taxes levied on performers by governments in certain countries (e.g. Italy) are the responsibility of the client not the artist or the agency. We strongly recommend that both the artist and the client ensure they make provision within their own financial arrangements for the payment of tax liabilities that may arise and keep such records of their income and commercial activities as may be required by law.

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. The client accepts full responsibility for any damage or injury caused to any member of the band/group or their equipment due to the fault of the venue or client's guests/customers.

Use of 'Dep' performers

A 'dep' performer will mean a person or persons who stand in for one or more of the artists standard group of performers should they be unable to perform due to prior commitments or illness.

The artist will perform using their standard group of performers as advertised to the agency and the client unless otherwise agreed by the agency and the client in advance, or in cases of emergency. The artist agrees that any 'dep' performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the 'dep' will have a good knowledge of the artists repertoire, and represent the artist to the same high standard that is known by the agency and expected by the client.

The artist agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the artist will use the services of the 'dep' performer rather than cancel the booking under the terms of force majeure detailed within the terms and conditions herein.

There will be no reduction in the artists fee if a 'dep' performer is used, although, if in advance of the event the client is able to listen to a recording of the proposed 'dep' performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the artist will be liable for the cancellation under the terms and conditions stated herein unless force majeure may be applied.

A 'dep' performer may not be used to replace an artist whose individual name is used as the star attraction to promote the artist (eg: 'The Frank Wilson' show would not be able to 'dep' another performer for 'Frank Wilson'.)

Force Majeure

In any case 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 the booking without penalty other than loss of deposit.

Booking - Individual Artist Conditions

Booking contracts/agreements may contain additional terms and conditions, information specific to the artist relating to advertising, billing, flight times, personal requirements, broadcast and recording rights, sponsorship etc so please read contract terms carefully to avoid misunderstandings.