Terms and Conditions
The Entertainment Specialists terms and agreement.
Definitions: Agency = The Entertainment Specialists and or any representations of the ‘The Entertainment Specialists LTD or other parties engaged by The Entertainment Specialists that are directly or indirectly involved with this booking.
Artists = performer, Act, artist, skilled creator, designer or producer and any or artist/s or other representatives of The Entertainment Specialists, ‘TES’ and/or ‘T.E.S’ is The Entertainment Specialists UK.
Client = customer, buyer, purchaser or user. Client is the person or organisation whom has signed the booking confirmation, either on behalf of themselves or an organisation. Client is also the persons or organisations who is the end recipient of our services, or in certain cases this is also ‘you’.
The Agent reserves the right to void any Contract between a Supplier and Client if it discovers either party has breached any of these Terms and Conditions.
DUTIES OF AGENCY
The Agency shall negotiate contracts on behalf of the Artist for his rendition of services as an artist and/or performer in the entertainment industry and to solicit offers and negotiate contracts for the sale of any entertainment project or package in which the Artist owns an interest. The Agency's activities shall relate only to the Artist's involvement in the entertainment industry. For purposes of this Agreement, the term "entertainment industry" shall include, but not be limited to, the following: charity events, road show performance, motion pictures, television, radio, music, literature, talent engagements, personal appearances, public appearances in places of amusement and entertainment, records and recordings, publications, and the use of the Artist's name, likeness, and talents for commercial and advertising purposes.
The Agency shall use all reasonable efforts to procure and negotiate employment for the Artist in the entertainment industry. The Agency shall use its best efforts to advice and counsel the Artist in the development and advancement of the Artist's career. Under no circumstances shall Artist be obligated to enter into any contract negotiated by the Agency unless the Artist agrees to do so. The Artist shall have the sole and final decision as to whether or not his will accept any proffered employment in the entertainment industry.
The Agency shall endeavour to supply the Client with a Artist/Artists of their choice or similar at the Agents discretion. If for any reason the Client is not satisfied with the level of performance from the agreed Artist/Artists the Agent will endeavour to replace the Artist/Artists with a ‘like for like’ replacement. If no suitable replacement is available the Agent shall revoke any agreement weather in writing or verbal from the Client and seek any costs due to the Agency or Artist/s during any agreed terms.
Once the booking has been confirmed with the ‘client’ and ‘artist’, the ‘agent’ issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘agent’ within 7 days. The ‘artist’ will then also be issued a ‘Booking Contract’ and should also check, sign and return it within 7 days. Upon receipt, both copies shall be filed by the ‘agent’. The ‘Booking Contract’ may be modified with agreement from all parties concerned. However, alterations should be notified to the ‘agent’ who will continue to act as negotiator in advance of the event. Where necessary the ‘Booking Contract’ may be reissued.
AGENT’S RIGHT TO TERMINATE
The Agent is entitled to deposit payment provided by the Client, if the deposit has not been paid within the time specified, Agent shall have the right to terminate this or any other agreement without any further obligation. Furthermore:
1. Should any booking be cancelled by the ‘Client’, a fee will be charged as follows: a) More than 30 days from the performance date; No fee payable. b) Between 22-30 days from the performance date; 25% of the full fee. c) Between 15-21 days from the performance date; 50% of the full fee. d) Between 8-14 days from the performance date; 75% of the full fee. e) Between 1-7 days from the performance date; The full fee will be payable.
2. ‘Agent’ agree that any further engagements offered because of our engagements, whether from the Client on our contracts or any other clients or potential client, shall be negotiated through the management of the Agent. Failure to adhere to this will result in the artiste being invoiced accordingly.
3. ‘Agent’ warrant that all equipment provided by us is in good working order, and fit for its purpose, and that no part of the performance is likely to be a danger to any other person/s. The Client must respect that the equipment supplied by the Supplier 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.
4. The adjustment of the volume and sound level of any equipment shall be as ‘Client’ or ‘your Client’ reasonably requires and within the limitations of the equipment provided. Unless given written permission the equipment supplied by the Supplier is not available for use by any other person, guest or performer under any circumstance.
5. ‘Artist/s’ shall be suitably and tidily dressed during their performance. The wearing of jeans and trainers are strictly forbidden except with the consent of the Client, where the wearing of such attire is deemed to be a necessary part of their act or is required for health and safety purposes.
6. ‘Your Client’ or ‘You the Client’ are responsible for the provision of suitable mains electricity in the performing area.
7. All deposits paid are non-refundable, where applicable.
8. The management accepts no responsibility for non-fulfilment of contract, but every safeguard is assured.
9. This contract reflecting the terms and conditions as verbally agreed shall be deemed accepted only when either; a) It is signed and returned in 7 days. b) It is not exchanged within the prescribed 7 days and no written objection has been made within its period.
10. It is understood that ‘Client’ or ‘your Client’ will under no circumstances use ‘Agents’ artiste/s to provide any additional services without ‘Agent’ consent up to the date of the event stipulated and 5 years after the performance date.
11. ‘Client’ or ‘Your Client’ agrees to provide a secure and restricted area for the Artiste to change their attire before their performances and after should the artiste wish to change into something casual for the purpose of de-rigging and loading.
12. ‘Client’ or Your Client’ agrees to provide adequate refreshments as reasonably required by the Artiste during the event. Any event requiring an Artiste or Artists for a duration five hours or more from the time of the Artist’s arrival will require an adequate warm meal or equivalent. Under any circumstance that a hot meal shall not be provided the Artiste will require a twenty-minute break with the choice to leave the event to purchase a meal.
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.
1.The Venue can and will supply a safe power supply.
2. The Venue can and will provide a safe, dry and level performance area for Suppliers who are performing.
3 The Venue holds any relevant licences required for the Supplier to provide their services.
4.The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Supplier, their set or equipment at any risk of harm.
5. For entertainment artists, 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 Supplier cannot guarantee the quality of its performance if the sound level is quieter than an un-amplified Drum Kit. The Supplier is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
6. Free Parking should be available to the Supplier and all vehicles associated with the Supplier. 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.
7. The Supplier must be provided with a free, reasonable supply of Mineral Water and Soft Drinks for the duration of their time at the venue.
8. The Supplier must also be provided with a hot meal or buffet for any members of its staff. This is negotiable when the Supplier is onsite for less than 4 hours.
9. The Supplier requires an adequate and secure area to change in if required. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable, but the Agent must be notified prior to confirming.
10. The Client must negotiate any further bookings of the Supplier with the Agent, for a period of 5 years after the Event Date and they are precluded from booking directly with the Supplier in that period.
11. The Client must ensure all government guidelines are followed and adhered to for a Supplier to lawfully provide its services. The Supplier accepts no liability for any failure to adhere to such guidelines.
12. For entertainment Suppliers, the Client must let the Agent and Supplier know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any
Where the ‘client’ has agreed to cover additional expenses (i.e. accommodation) they must be repaid to the ‘artist’ within 28 days of the event. This is provided receipts and invoices have been forwarded to the ‘client’ by the ‘artist’ in reasonable time.
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.
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.
3. In a proven case of Force Majeure occurring for a specified period, the Supplier and Client will endeavour to reschedule where possible and the Contract may be transferred to the new scheduled date where this occurs. If a Supplier cannot reschedule, the Agent will use its best efforts to find a new Supplier for you. If, in these circumstances, a new Supplier is found for the same or lower Supplier Fee, then no additional Deposit will be payable and the Deposit will be transferred to this new booking. If the new Supplier Fee is higher than the original Contract, any additional Deposit to confirm a Contract with a new Supplier will be outlined to the Client and mutually agreed with the Client.
4. In any event of Force Majeure the Agent will not be liable for any losses incurred by the Client, the Supplier or any associated third parties.
If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed or agreed you are bound to all conditions.