Excess All Areas – Booking Terms and Conditions
Excess All Areas (hereafter referred to as the “Agent”) has prepared these terms and conditions for the benefit of all parties; the Agent; the Client; and the Artist/s that the Client is booking. If you do not understand any part of these terms, please contact us for clarification.
Upon confirmation of a booking (in accordance with clause 2.1), the Agent will issue a copy of these terms and conditions, an invoice and the Gig Booking Sheet to the Client (as identified on the Gig Booking Sheet). The Gig Booking Sheet is to be completed by the Client and returned to the Agent within 2 working days. A copy of the completed Gig Booking Sheet will be issued to the Artist/s on receipt of payment (as instructed on the invoice).
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding Contract subject to the following non-negotiable terms and conditions:
1.1 The Contract is negotiated by the Agent and is made between the Client and the Artist/s. 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.
2. Confirming the Booking
2.1 All bookings take effect immediately upon acceptance of the booking by both the Client and the Artist, whether verbally, electronically or in writing.
2.2 The fact that the completed Gig Booking Sheet has not been returned by the Client is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Agent will continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date (as identified on the Gig Booking Sheet).
3. Changes to the Booking Contract
3.1 The agreed Total Cost (as confirmed in writing by the Agent) 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 to 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 limited to the Artist’s reasonable travel time and cost).
4.2 Unless otherwise stated on the invoice, the agreed Deposit is due strictly within 5 working days of the invoice issue date. Deposits can be paid by BACS transfer or PayPal. Details for payment are set out in the invoice. THE DEPOSIT IS NON-REFUNDABLE.
4.3 Unless otherwise agreed between the Artist and Agent, and shown on the invoice issued to the Client by the Agent, the remaining Balance is payable to the Artist on receipt of their invoice to the Client.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate the contract without penalty and the Client will forfeit any other fees paid previously.
5. Cancellations by the Client THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
5.1 The Client shall notify the Agent in writing of their wish to cancel the Contract as soon as is reasonably practicable.
5.2 The Agent shall notify the Artist of the cancellation as soon as is reasonably practicable after being informed by the Client.
5.3 In the event of the Client cancelling the Contract the Client shall forfeit the Deposit paid.
5.4 In the event of cancellation where the Client has paid additional monies to the Agent to settle the Total Cost, either in part or in full, these monies shall be refunded to the Client minus the Deposit and any reasonable expenses already covered by the Artist for the Event (e.g. travel costs).
5.5 Any payment outstanding from the Client will be referred to a debt recovery company and will be subject to a surcharge in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 to cover administration fees and costs incurred. Such a surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
5.6 It is the Client’s responsibility to ensure their chosen venue for the Event can accommodate the Artist and their performance. Non-performance of this Contract by the 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 the Contract in the event of serious illness or death (as verified by a medical professional).
6.2 The Artist shall inform the Agent of the cancellation as soon as is reasonably practicable. The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist. The Agent shall also 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 to the Agent.
6.3 No refund shall be given to the Client against the Deposit already paid if a replacement artist of similar value can be arranged by the Agent and agreed to by the Client.
6.4 The Client shall have the right to reject any last-minute replacement artist/s provided that they are not required to perform. If the Client still requires the replacement artist/s to perform, then their full fee will be due.
7. Late Payment of the Balance (the Total Cost)
7.1 Failure by the Client to pay the Agent or Artist within the terms specified will result in interest being charged on the balance due.
8.1 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. Full payment must still be made to the Agent or Artist as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost.
8.2 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.
8.3 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.
9. Changes on the Event Date
9.1 Where possible, changes to the Contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agent. If this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
9.2 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 for arranging the collection of additional fees.
9.3 Any changes will be subject to these terms and conditions.
10. Delayed Event Schedules and Late Finish Fees
10.1 If due to late running of and/or alterations to the Event schedule, which are no fault of the Artist, the Artist is not able to perform the full performance originally specified, there will be no reduction in the Artist’s fee.
10.2 The Artist has the right to refuse to finish later than the specified finish time without penalty.
11. Re-engagement of the Artist THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
11.1 The Client agrees to negotiate all future bookings of the Artist/s with the Agent and not with the Artist/s directly, for a period of 18 months after the original Event Date.
11.2 The Artist agrees not to hand out business cards or any other promotional materials bearing their personal contact information to the Client, their guests, staff, venue or contractors.
11.3 If the Artist is approached by the Client , a guest or employee of the Client, the Venue, or an employee of the Venue 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.
12.1 If the 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 their own expense.
12.2 If the Client has agreed to cover additional expenses incurred by the Artist (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client no later 60 days after the Event Date.
12.3 The Client shall reimburse all expenses to the Artist within 30 days of receipt of the Artist’s invoice.
13. Sound Limiters and Volume
13.1 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.
13.2 The Artist cannot guarantee the quality of the performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
13.3 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 their type.
14. The Artist’s Equipment
14.1 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.
15. Use of Alternative/Deputy Performers
15.1 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.
15.2 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 represents the Artist to the same high standard that is known by the Agent and expected by the Client.
15.3 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.
15.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
15.5 There will be no reduction in the Artist’s fee if a deputy performer is used.
15.6 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.
16. Rights of Third Parties
16.1 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.
16.2 Subject to clause 17.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
17.1 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.
17.2 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 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 and certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately in the invoice), including holiday entitlements, travelling expenses to and from the venue, VAT, Tax, National Insurance contributions etc. and covers any payments whatsoever due to other members of their performance group; where applicable.
The Artist will refrain from drinking alcohol 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 or illegal in the presence of the Agent or Client.
The Artist at the time of agreeing to this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
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 of 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 and National Insurance contributions.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance, their own vehicle insurance, and their own equipment insurance including ensuring that all equipment is P.A.T. tested.