Below you will find the ‘Terms and Conditions’ for Candy House Entertainment. Please read thoroughly before making a booking with or agreeing to work for us.
Each booking contract will be made clear to all concerned parties prior to completion of all negotiations and will be clearly stated in issued documentation, which will communicate the importance of reading the following ‘Terms and Conditions’.
If you do not understand any part of the following terms please call Candy House Entertaiment prior to confirming a booking and agreeing to our ‘Terms and Conditions’.
Once a booking has been confirmed with the ‘client’ and ‘artist’ verbally or via email, both parties will be subject to a legally binding contract consisting of the ‘Booking Contract’ and the following ‘Terms and Conditions’.
1.DEFINITIONS
a. The ‘Booking Contract’ = Confirmed booking including these ‘Terms and ‘Conditions’.
b.’Client’ = Is the Hirer (as named on the ‘Booking Contract’.)
c. ‘Artiste’ = Is the Hiree (as named on the ‘Booking Contract’.)
d. ‘Agent’ = Candy House Entertainment
BOOKINGS AND 7 DAY RIGHT TO CANCEL
2. Once the booking has been confirmed with the ‘Client’ and ‘Artiste’, the ‘Agent’ issues the ‘Client’ a ‘Booking Contract’. This should be checked and the booking confirmed within 7 days. The ‘Artiste’ will then also be issued a ‘Booking Contract’ to which they should also check, and confirm within 7 days.
The ‘Booking Contract’ may be adjusted in agreeance with all parties concerned. Where necessary the ‘Booking Contract’ may be reissued.
FEES & PAYMENTS
3. Confirmation of the ‘Booking Contract’ and a non refundable deposit are due within 7 days of issue and unless specified otherwise in the ‘Booking Contract’, the remaining balance should be paid to the ‘Agent’ 30 days prior to the event. Unless otherwise agreed with the ‘Agent’.
The deposit charged to the ‘Client’ is a booking fee for securing the ‘Artiste’ and is non-refundable in all circumstances.
Should the ‘Client’ request cancellation of the ‘Booking Contract’, the ‘Agent’ will inform the ‘Artiste’ and the ‘Client’ will be subject to the following conditions:
(a) Where written notification is received by the ‘Agent’ before 60 days prior to the engagement, 50% of the ‘Artiste’s’ fee is to be paid.
(b) Where written notification is received by the ‘Agent’ before 30 days prior to the engagement, 100% of the ‘Artiste’s’ fee is to be paid.
Should the ‘Artiste’ request cancellation of the ‘Booking Contract’, the ‘Agent’ will inform the ‘Client’ and then attempt to source a suitable alternative. In the event that an alternate act may not be available the ‘Agent’ will refund the ‘Client’ any deposit held against the ‘Artiste’s’ fee.
All ‘Client’ cancellation fees must be paid directly to the ‘Agent’ within 14 days.
Where cancellation fees are not paid within 14 days the ‘Agent’ may take legal action.
Failure to pay the remaining balance within the terms agreed in the ‘Booking Contract’ will automatically result in a late payment administration fee of £20 being charged to the ‘Client’ by the ‘Agent’. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £20 shall be added to the outstanding amount. In addition, if a cheque paid to the ‘Agent’ on the day of the event does not clear, these charges shall also become applicable, plus, any costs incurred by the ‘Agents’ bank for handling and administration.
Where the outstanding balance has not been paid within 14 days, the amount may be sought via legal processes or referred to a debt recovery agency by the ‘Agent’.
CLIENT ACCOUNTABILITY
4. The ‘Client’ must ensure that the performance venue is able to provide a safe working environment. A safe source of power, a safe performance area, and that they can accommodate the performance of the ‘Artiste’ by possessing appropriate licenses and no inhibiting noise limiters. Any potential Health and Safety issues should be disclosed to the ‘Agent’ prior to the confirmation of any booking. Where the ‘Artiste’ is expected to wear costumes, the hirer must provide suitable dressing room facilities, toilets are not acceptable. The ‘Client is expected to provide a safe, supervised and secure environment. If non-performance or a low quality performance results due to venue restrictions, the ‘Client’ will still be liable for the total fees.
ARTIST ACCOUNTABILITY
5. The ‘Artiste’ will perform for the ‘Client’ to their highest standard and in the manner in which they have represented themselves to the ‘Agent’ via promotional material.
Unless specifically outlined in the ‘Booking Contract’, the ‘Artiste’ should provide the relevant equipment in order to carry out the performance. The ‘Artiste’ is responsible for the good working order and safety of their own equipment. All ‘Artiste’s’ accepting bookings from the ‘Agent’ must carry Public Liability Insurance and all electrical equipment must be P.A.T tested annually.
The ‘Artiste’ shall not cancel bookings for any other reason other than ill health, confirmed by a doctor’s certificate.
Commission will be payable as per ‘Booking Contract’.
Commission will be payable on all re-bookings within a 12 month period. The ‘Artiste’ is not employed by the ‘Agent’ and is therefore responsible for their own accounting and legal contributions.
The ‘Artiste’ MUST confirm again 7 DAYS prior to the performance by telephone.
It is accepted that the ‘Agent’ acts as a negotiator herein and cannot be held responsible for non-fulfilment of booking, although every reasonable safeguard is assured.
It is the responsibility of the ‘Artiste’ to ensure that upon agreeing to the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.
DISPUTES
6. In the event of a dispute or complaint from either party, the concern must be put in writing and forwarded to the ‘Agent’ within 28 days. The ‘Agent’ will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be fixed, or an agreement reached, then the ‘Client’ and ‘Artiste’ should seek legal advice. The ‘Agent’ is not responsible for the ‘Client’ or ‘Artiste’ and their issues but will attempt to settle all disputes swiftly and satisfactorily.
Complaints arising from arrangements made between the ‘client’ and the ‘artist’ but without discussion with the ‘agent’ should be settled between the ‘client’ and the ‘artist’ exclusively.
FORCE MAJEURE
7. No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature for example riots, strikes, epidemics and any act or order of any public authority or any
cause, similar or dissimilar, beyond company’s control.
Any party asserting Force Majeure so as to refute liability shall have the issue of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees shall be unenforceable.
CANCELLATIONS
8. Cancellation by either party is not allowed except where ‘Force Majeure’ applies. In the event of cancellation a 15% administration fee applies and a loss of deposit will result. See figure 3 Fees and Payments.
ROYALTIES
9. For a period of 12 months from the date of the event the ‘Client’ must negotiate any additional bookings of the ‘Artiste’ with the ‘Agent’.
The ‘Artiste’ agrees to refer all potential bookings, enquiries or ‘Clients’ from a Candy House Entertainment booking to the ‘Agent’.
The ‘Artiste’ is liable to pay commission on all re bookings within a 12 month period.
Where this does not occur, and the ‘Artiste’ attempts to exclude the ‘Agent’, they shall be removed from the ‘Agents’ books and remain liable for commission against any successful future bookings.
ALTERNATIVE ARTISTS
10. On occasion, act line-ups etc may be subject to change and this may occur without notice unless the act in question is of significant celebrity.
PERFORMANCE ALTERATIONS
11. If the timings of the event are overrunning due to no fault of the ‘Artiste’, the ‘Artiste’ is under no obligation to finish later than the time outlined in the ‘Booking Contract’ and is still due full payment.
If an ‘Artiste’ has been asked and agrees to perform for an extended period than the time outlined in the ‘Booking Contract’ , a satisfactory additional surcharge should be agreed between both ‘Agent’ and ‘Artiste’.
Candy House Entertainment
TEL: 01253 310855 – MOB: 07970753024