TERMS AND CONDITIONS OF BOOKING:
If you do not understand any part of these Terms and Conditions, please contact Anna Devitt or seek legal advice before agreeing to them and confirming a booking.
Upon confirmation of a booking a contract will issue both parties to be signed and returned within 3 working 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’: Anna Devitt Booking Contract with attached Terms and Conditions, to be taken as a whole with Anna Devitt ‘the artists’.
1 | INTRODUCTION
1.1 | This contract is negotiated by Anna Devitt.
2 | BOOKING
2.1 | All bookings are confirmed immediately upon confirmation of initial booking terms by both the 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 returned within 7 working days. The Agent 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 Anna Devitt in writing 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 owed may change with any alterations agreed by both the Client and Artist.
3 | PAYMENT OF BOOKING FEES
3.1 | The Booking fee is split into 2 payments: the ‘Deposit’ and the ‘Balance’. The Balance is the remaining amount payable after the deposit has been paid.
3.2 | The Deposit payment is due within 7 working days of the issue of the Contract. It is to be paid to Anna Devitt via Credit Card or Debit Card upon receiving their online invoice.
3.3 | The Balance payment is due to Anna Devitt by bank transfer (BACS) and cleared funds in the amount of the balance due must show in the artist’s bank account 7 days prior to the commencement of their performance. The bank account details must be confirmed directly with the Artist 4 weeks before the commencement of their performance.
4 | LATE PAYMENT OR FAILURE TO PAY THE DEPOSIT
4.1 | If the Deposit is not paid within the 7 working days specified it will be deemed to terminate the Contract.
5 | LATE PAYMENT OR FAILURE TO PAY THE BALANCE
5.1 | The Client must pay the Balance within the specified time, no less than 7 days before the Artist is due to perform. If the Client fails to do so, the Artist has the right to terminate the Contract without penalty. In such an event, the Client will still be subject to the cancelation fees specified in Clause 7.1 of this Contract.
5.2 | The Artist has the right to claim interest of 5% on top of the balance of any late payments.
5.2.1 | Late Payments will incur a £50 administration fee, payable by the Client to the Agent before the performance can commence.
5.2.2 | If full payment of the Balance is not made to the Artist within 14 days of the due date, the debt may be passed to a Debt Recovery Firm by the Artist, which will result in additional costs.
6 | CANCELLATION
6.1 | Termination of the Contract is not permitted by either the Client or Artist unless both parties mutually agree in writing to cancel the booking. Written evidence will be required from both the Client and Artist.
7 | CLIENT CANCELLATION
7.1 | If the Client terminates the contract for any reason the following cancellation fees will apply:
Cancellation fee breakdown
More than 365 days before event: No Fee
Less than 48 hours after confirmation (unless booking made within 7 days of event): No Fee
More than 90 days before event: 60% of Full Fee
More than 60 days before event: 80% of Full Fee
60 days or less before event: Full Fee
7.1.1 | The above cancellation fees are exclusive of the deposit, which is non refundable.
10 | RESPONSIBILITIES OF THE CLIENT
The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Agent, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the ‘Additional Information’ section of this Contract.
10.1 | The Venue can and will supply a safe power supply.
10.2 | The Venue can and will provide a safe, dry and level performance area.
10.3 | The Venue holds any relevant licences required for live performance.
10.4 | The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Artist, their set or equipment at any risk of harm.
10.5 | The Venue does not have any inhibiting noise limiters. If the venue has a limiter please find out 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 Drum Kit. The Artist is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
10.6 | Free Parking should be available to the Artist and all vehicles associated with the Artist. If no free parking is generally available, the Client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the Client within 7 days of the performance, with the amount payable within a further 7 days.
11 | EXPENSES
11.1 | 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 Client with an invoice within 7 days of the event, with payment due 7 days after that.
12 | ARTIST EQUIPMENT
12.1 | 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.
12.2 | The Client must respect that the equipment supplied by the Artist is expensive, fragile and necessary for their livelihood. The Client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.
13 | CHANGES TO THE AGREED PERFORMANCE SCHEDULE
13.1 | When possible any changes to the performance schedule should be discussed with Anna Devitt. If this is not possible (for example, on the day) changes should be agreed between the Client and Artist prior to the performance.
13.2 | 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.
13.3 | If the event schedule over-runs due to no fault of the Artist, the Artist holds the right to finish at the agreed set finishing time and will still be due the full payment.
13.4 | 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.
14 | THE USE OF DEP, DEPUTY OR ALTERNATIVE PERFORMERS
14.1 | 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 | PHOTOGRAPHY AND VIDEOGRAPHY
15.1 | The Client must let the Artist and/or Agent know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the Artist.
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 their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.
16.2 | In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.
16.3 | In a proven case of Force Majeure occurring for a specified period, the Agent will endeavor to reschedule the performance where possible and the Deposit and Balance payments may be transferred to the new scheduled date where this occurs, minus a re-booking fee of $PrintPound 100. Where this is not possible, the Deposit will be retained by the Agent.
16.4 | In any event of Force Majeure the Agent will not be liable for any losses incurred by the Client, the Artist or any associated third parties.
17 | JURISDICTION
17.1 | The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
18 | TERMS AND CONDITIONS
18.1 | If you do not understand any part of these Terms and Conditions, please consult the Anna Devitt, or seek legal advice. Once signed you are bound to all conditions.