ABOODOEY ENTERTAINMENTLIMITEDThe Old Dairy, Walnut Farm, Halwill Junction, Devon, EX21 5XU
Telephone: 0117 405 4383
If you do not understand any part of these Terms and Conditions, please call AbooDoey
Entertainment Ltd or seek legal advice before agreeing to them and confirming a booking. Upon confirmation of a booking between the ‘Client’ and ‘Artist’ (in accordance with clause 2) the ‘Entertainment Provider’ will issue both parties with a ‘Contract’ to be signed and returned within3working days. This confirmation, whether verified VERBALLY, ELECTRONICALLY or IN WRITING is a legally binding contract, subject to the following non-negotiable Terms and
Conditions of booking. Lack of completion or signature of the ‘Contract’ does not terminate or
invalidate the proposed agreement.
The following definitions refer to the ‘Contract’ and these ‘Terms and Conditions’. AbooDoey
Entertainment Limited, is the ‘Entertainment Provider’, the proposed entertainment booker is the
‘Client’ and the proposed entertainment act is the ‘Artist’. 1 |
1.1 | This booking contract is negotiated by the Entertainment Provider and is made between the
Entertainment Provider and the Client and The Entertainment Provider and the Artist. 2 |
2.1 | All bookings are confirmed immediately upon confirmation of initial booking terms by boththe Client and Artist whether this is done verbally, electronically or in writing. The booking is then confirmed.
2.2 | A Contract will be issued to both the Client and Artist to be signed, and is due to be returnedwithin 3 working days, unless agreed otherwise. The Entertainment Provider will file both completed contracts (available upon request) and will store until 4 years after the contract completion date. 2.3 | The Contract may be modified/changed upon agreement from both parties, in advance of the event date. All changes must be notified to the Entertainment Provider who if necessary will re-issue the contract. In this circumstance the new Contract will void the previous. 2.4 |The agreed total cost and deposit amount (if applicable) owed may change with any alterations agreed by the Entertainment Provider, Client and Artist. 2.5 | The Entertainment Provider will act as negotiator until the date of the event and completion of the contract.
3 | PAYMENT OF BOOKING FEES
3.1 | The Full balance payment is due within 3 working days of the issue of the Contract, unless otherwise agreed. It is to be paid to the Entertainment Provider via BACS / Credit Card / Debit Card (upon receiving online invoice).
4 | LATE/FAILURE PAYMENT OF DEPOSIT
4.1 | If the Deposit is not paid within the 3 working days specified it will be deemed to terminate the Contract. The Client will be liable to Clause 6 (Cancellation) and will still owe the Deposit fee.
5 | LATE/FAILURE PAYMENT OF BALANCE
5.1 | The Client must pay the Full balance payment within the specified time. If the Client fails todo so the Entertainment Provider has the right to terminate the Contract without penalty. The Client would still be subject to the cancellation fee specified in Clause 7.1.1.
5.2 | The Entertainment Provider has the right to claim interest of 5% on to the balance of any late payments.
5.3 | Late Payments will incur a £50 administration fee, payable by the Client to the Entertainment Provider within 14 days.
5.4 | If full payment is not made to the Entertainment Provider within 14 days the debt may be passed to a Debt Recovery Firm by the Entertainment Provider, sometimes incurring vastly higher
6 | CANCELLATION
6.1 | Termination of the Contract is not allowed by either the Client or Artist, except in the case of ‘Force Majeure’ (Clause 16), or unless both parties mutually agree with the Entertainment Provider to cancel the booking. Written evidence will be required from both the Client and Artist.
6.2 | In the event of mutual cancellation by both parties the Deposit will be surrendered. 6.3| The Entertainment provider reserves the right to a 24hour grace period from the receipt of Client’s signed Contract to cancel the agreement without any incurred charges. All fees paid will be returned to the Client.
7 | CLIENT CANCELLATION
7.1 | If the Client terminates the contract for any reason other than ‘Force Majeure’ (Clause 16) cancellation fees will apply. Please see Clause 7.1.1 for a full breakdown. Cancellation fees will be due to the Agent within 7 working days of cancellation.
7.1.1 | Cancellation fee breakdown More than 365 days before event: Nil
Less than 48 hours after confirmation, 8 or more days before the event: Nil
Less than 48 hours after confirmation within 7 days of the event: Full Fee
More than 90 days before event: 60% of Full Fee
Between 61-90 days before event: 80% of Full Fee
60 days or less before event: Full Fee
7.1.2 | If the Artist secures a booking for the cancelled date with an AbooDoey Agent the value of the booking (minus Deposit) can be set off against the Cancellation Fee. 7.2 | In the event of Client Cancellation the Entertainment Provider will attempt to fix a booking for the Artist for the date. The Entertainment Provider however cannot guarantee a booking, therefore the Artist is allowed to use alternative sources to fill this date.
7.3 | In the event of Client Cancellation due to ‘Force Majeure’ the booking deposit will be refunded.
8 | ARTIST CANCELLATION
8.1 | The Artist has no authority to cancel the booking for any reason other than ‘Force Majeure’ (Clause 16).
8.1.1 | In the event of ‘Force Majeure’ the Artist must notify the Entertainment Provider as soon as possible. The Entertainment Provider will make every reasonable attempt at finding a suitable andrelevant replacement Artist at a similar cost. Should this not be possible, the Entertainment Provider will refund the Deposit paid. 8.2 | If the Artist cancels for any reasons not covered in ‘Force Majeure’ the Entertainment Provider may seek guidance and pursue legal action against the Artist.
8.2.1 | The Artist would be liable to pay the Entertainment Provider an administration fee, equivalent to the value of the booking Deposit, within 7 days. 8.2.2 | The Artist would also be liable to pay the difference in performance costs between their fee and the replacement Artist’s performance fee, up to a maximum of 20% difference.
8.3 | In the event of the Artist cancelling, the Entertainment Provider would make every effort to find a suitable replacement Artist at a similar cost. If this is successful and the Client agrees to the
replacement Artist, the Entertainment Provider would not refund the Deposit already paid by the Client, but would transfer this to the new booking. The remaining balance due would be to the value of the replacement Artist’s usual fee minus the deposit already paid.
8.3.1 | The Client has the right to reject any possible replacement Artists, but once verbally confirmed are bound to these Terms and Conditions.
8.4 | If payment of Cancellation fees is not made by the Artist within 14 days the debt may be passed to a Debt Recovery Firm by the Entertainment Provider, sometimes incurring vastly higher costs.
9 | COMPLAINTS
9.1 | In the circumstance of either party wishing to make a complaint, it should be made in writing, via the Entertainment Provider, within 30 days. The Entertainment Provider will liaise with both parties with the intention of reaching a sufficient outcome. Should this be unsuccessful or the matter cannot be resolved, both parties should seek legal advice.
9.2 | Full payment must still be made to the Entertainment Provider specified in Clause 3.1 even upon complaint. Failure to do so will incur charges as stated in Clause 5.
9.3 | Any dispute made regarding a change to the contract or performance that were agreed by both the Client and Artist, but not discussed with the Entertainment Provider is to be dealt with directly between the Client and Artist.
10 | RESPONSIBILITIES OF THE CLIENT | THECLIENTMUST ENSURE THE FOLLOWING CLAUSES AREINVESTIGATED AND CONFIRMED WITHANYRELEVANT INFORMATION PASSED TOTHEENTERTAINMENT PROVIDER, PRIOR TOCONFIRMINGTHE BOOKING. ANY COSTS INCURRED ARETOBEPAIDBY THE CLIENT. ANY ALTERATIONS TOTHESERESPONSIBILITIES ARE TO BE DISCUSSEDANDALTERED IN ‘ADDITIONAL INFORMATION’ SECTIONOFCONTRACT.
10.1 | The Venue can supply a safe power supply.
10.2 | The Venue can provide a safe, dry and level performance area.
10.3 | The Venue holds any relevant licenses required for live performance.
10.4 | The Venue does not have any inhibiting noise limiters. If the venue has a limiter please findout the decibel (dB) level it is set at and contact the Agent for more information. The Artist cannot guarantee the quality of its performance if the sound level is quieter than an un-amplified DrumKit. The Artist is not to be held responsible for non-performance where the sound limiter is set toolow for live performance of their act.
10.5 | Free Parking should be available to the Artist and all vehicles associated with the Artist. If no free parking is available the Client is liable to these costs. Receipts and an invoice are to be presented to the Client within 7 days, with the amount payable within a further 7 days.
10.6 | The Artist must be provided with a free reasonable supply of Mineral Water / Soft Drinks for the duration of their stay at the venue.
10.7 | The Artist, subject to agreement, must also be provided with a hot meal or buffet for all members of their act. This is negotiable when the act is onsite for less than 3 hours.
10.8 | The Artist requires an adequate and secure area to change in. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable, but the Entertainment Provider must be notified prior to confirming.
10.9 | The Client must negotiate any further bookings of the Artist with the Entertainment Provider, for a period of 36 months after the event date.
10.10 | For ‘Remote Access’ performances e.g. performances made through a digital app like Zoom, Google Hangouts or FaceTime; the Client must provide a reliable and safe method of connection, for example a URL link to the meeting, at least 1 hour before the performance is due to begin. The Entertainment provider and/or Artist cannot be held accountable for the quality or reliability of the client’s method of connection.
11.13 | Where the Entertainment provider is contracted to supply an Artist/s that offer a food or drink based service who also provide a food or drink based ‘kit’ that includes food or drink based ingredients e.g. Cocktail making kits that include alcohol, the responsibility lies with the Client to highlight any dietary requirements, and make sure this information is passed to the Entertainment Provider at the earliest possible opportunity.
11.14| Where the Entertainment provider is contracted to provide entertainment items through the post, it is the responsibility of the Client to make sure that recipients addresses and payment are provided in good time to allow for delivery to be made for the event. Addresses and payment must arrive no later than 7 days prior to the event date to guarantee delivery, however if the addresses and payment are provided within 7 days prior to the event date then no guarantee is given that the event items will arrive in time for the event, and the Entertainment Provider will not be held responsible for items not arriving in time, with no refunds being given if the event items don’t arrive in time for the event.
11 | RESPONSIBILITIES OF THE ARTIST | THEARTISTISFULLY RESPONSIBLE FOR ALL CLAUSE 11 MATTERS.
11.1 | The Artist must ensure that they are under no obligation to another performance/booking that may hinder/interfere with this booking prior to signing the Contract.
11.2 | The Artist will endeavour to perform to the up most highest quality, in the same manner as is represented by the Agent in the Artist’s promotional material.
11.3 | The Artist must provide all relevant equipment required to perform their act to the highest standard. This equipment must be annually PAT tested, with Certificates available for inspection upon every booking. 11.4 | The Artist must hold Public Liability Insurance of minimum £ 1,000,000 cover, with Certificates available for inspection upon every booking.
11.5 | The Artist shall not drink alcohol excessively (prior, during or post performance). 11.6 | The Artist shall not use illegal drugs at the event venue, or at all on the day of the event.
11.7 | The Artist shall dress suitably for the occasion, in agreement with the Clients requests.
11.8 | The Artist shall will always remain courteous and polite to the Client, the Venue and the Agent throughout the entire booking process, not harming or damaging any reputation between the parties.
11.9 | The fully-inclusive fee agreed by the Artist, that is specified in the Contract for the performance, is not subject to change.
11.10 | The Artist is not employed by the Entertainment Provider and is therefore fully responsible for their own accounting and legal contributions.
11.11 | The Artist must only display/hand out the Entertainment Provider’s promotional material at the contracted event, also referring all future bookings, enquiries or clients to the Entertainment Provider. If the Artist fails to comply they will be removed from the Entertainment Provider’s Roster and will be liable to pay all cancellation fees as stated in Clause 8.2.1, for future confirmed bookings.
11.12| ‘Remote Access’ performances e.g. performances made through a digital app like Zoom, Teams, Google Hangouts or Face Time; the Artist must ensure a reliable internet or mobile network connection is available for at least 15 minutes either side of, and throughout the performance.
11.13 | Where the Entertainment provider is contracted to supply an Artist/s that offer a food or drink based service who also provide a food or drink based ‘kit’ that includes food or drink based ingredients e.g. Cocktail making kits that include alcohol, the responsibility lies with the Artist to make sure that these dietary requirements are met to the highest possible standard. If an option to meet the dietary requirement is not available then the Artist must make sure this information is passed to the Entertainment Provider at the earliest possible opportunity.
12 | EXPENSES
12.1| The Client is not responsible for any other Artist expenses (including but not limited to accommodation, travel, rehearsal time, song download) unless otherwise discussed and stated in the ‘Additional Contract Notes’ section of the Booking Form. If any expenses are agreed the Artist must supply the Entertainment Provider with an invoice within 7 days of the event, with payment due a further 7 days prior.
13 | ARTIST EQUIPMENT
13.1 | Unless given written permission the equipment supplied by the Artist is not available for use by any other person, guest or performer under any circumstance.
13.2 | The Client must respect that the equipment supplied by the Artist is expensive, fragile and necessary for their livelihood. The Client would be responsible for any damage of equipment caused by any member of their party, and would incur the cost of repair in full. ]
14 | CHANGES TO THE AGREED PERFORMANCESCHEDULE
14.1 | When possible any changes to the performance schedule should be discussed with the Entertainment Provider. If this is not possible (eg on the day) changes should be agreed between the Client and Artist prior to the performance.
14.2 | If agreed changes incur a later finish time an adequate fee should be agreed between both parties. This fee would be due and paid direct to the Artist on the day of the event. Any changes are still subject to these Terms and Conditions.
14.3 | If the event schedule over-runs due to no fault of the Artist, the Artist holds the right to finish at the agreed curfew and is still due the full payment. 14.4 | If the Client makes a request for the Artist to perform longer than specified in the performance schedule, on the event date, the Artist has the right to agree a further fee to do so, payable on the day of the event. They also hold the right to refuse this request, without penalty.
15 | THE USE OF DEP, DEPUTY OR ALTERNATIVEPERFORMERS
15.1 | The Artist should make use of their standard line-up as represented in all promotional material, unless the need arises to use an alternative performer due to unforeseen circumstances. In this instance the Artist will have suitable Dep, Deputy or Alternative Performers available to cover all parties within the act. These performers should have equal ability and competence, and represent the Artist in the same style as displayed in all promotional material. The Artist holds the right to use one or more Alternative Performers without notifying the Client.
15.2 | The Artist must use an Alternative Performer rather than cancelling a booking. On thisoccasion a reduction in fee is not applicable, unless the Artist being replaced is a Celebrity figure.
15.3 | All Artist line-ups are subject to change without prior notice, unless the booking is of a Celebrity figure.
16 | FORCE MAJEURE
16.1 | Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of it’s control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), illness or death, accident, war, terrorism, epidemic, national calamity, civil commotion, order of Government or Local Authority having jurisdiction in the matter, changes in law or foreign government policy.
16.2 | In the circumstance of Force Majeure the affected party shall have to prove it, providing evidence that they took out any action to prevent the circumstance from happening. When proven cancellation fees as stated in Clause 6.2 will apply.
17 | TERMS AND CONDITIONS
17.1 | If you do not understand any part of these Terms of Business, please consult the
Entertainment Provider, or seek legal advice. Once signed you are bound to all conditions.