1 Payment of Fees
a) A deposit of twenty-five percent (25%) of the Fee (the "Deposit") shall be payable by you to the Company within three (3) days of your signature of this Agreement. For the avoidance of doubt, the Fee includes the Deposit.
b) The balance of the Fee shall be payable by you so that Company receives said balance (as cleared funds) in its bank account at least ten (10) working days before the Date.
c) Payment of all sums to Company shall be by BACS transfer to Company's bank account. Company's bank account details for a BACS payment are as follows:
d) If payment is not made as aforesaid, Company reserves the right to cancel the booking for the Artist made under this Agreement. For the avoidance of doubt if payment of the balance of the Fee is not made in accordance with this Clause 8 (save as set out to the contrary herein), Company is entitled to treat such default as a deemed short notice cancellation, the Artist will then not be obliged to perform and the cancellation charge under Clause 9c below will be payable.
e) Save as set out to the contrary in this Agreement, the Fee is inclusive of the Artist's expenses (such as travel expenses for example).
2 Cancellation Charges
If the Event is cancelled for any reason the following cancellation charges will be payable to the Company:
a) For cancellation by you and/or on your behalf with more than thirty (30) days notice, there will be an administrative charge (payable by you) of fifty pounds sterling (£50.00) Said charge to be paid on notification of the cancellation to Company (or Company may deduct said charge from any Deposit previously paid). Where a cancellation by you is covered by this sub-Clause, Company will transfer to your bank account (details to be advised) the balance of the Deposit previously received from you, within ten (10) days of its receipt of your notification of cancellation.
b) For cancellation by you and/or on your behalf with thirty (30) days notice or less, a cancellation charge shall apply equal to the Deposit plus thirty percent (30%) of the balance of the Fee, such sum to be paid by you to Company immediately.
c) For cancellation by you and/or on your behalf with ten (10) days notice or less, a cancellation charge shall apply equal to the Deposit plus one hundred percent (100%) of the balance of the Fee, such sum to be paid by you to Company immediately.
d) Where a Deposit has been paid by you and/or on your behalf to Company, such Deposit shall be taken into account in calculating the balance of the Fee payable to Company under this Clause 9.
3 Whether any of artist's expenses are to be covered by You (In addition to the fee)
The following expenses shall be payable by you (in addition to the Fee):
Where any additional expenses have been listed above, Company will supply a bona fide estimate of expenses in advance of the Date and the expenses will be paid by you to Company at the same time as the balance of the Fee. Company is entitled to treat a failure to pay said expenses by the due date as a short notice cancellation under sub - clause 9c above.
4 Whether hotel accommodation to be provided by you for the artist
To be completed if relevant:
5 Whether you and/or the venue are providing any equipment for the artist at the event
The following equipment shall be supplied by you (free of charge) and/or you warrant that the Venue will supply the following equipment free of charge (ie piano, microphones and stands, chairs, amplification, speakers, mixing desk, cd players, record players, etc - specify below as appropriate)
Any equipment specified above (and/or any other equipment provided at the Venue) will be in full working order and safe to use.
a) Company contracts solely as agent for the Artist and has no liability as a principal.
b) The construction, validity and effect of this Agreement shall be governed by the laws of England whose courts shall have exclusive jurisdiction. Notwithstanding the foregoing, Company may elect to bring proceedings in any country for the purposes of enforcing its rights in such country.
c) This Agreement contains the entire understanding of the parties hereto and supersedes all previous or existing arrangements or agreements.
d) No variation of this Agreement shall be deemed binding until reduced to writing and signed by all parties hereto.
e) If any part of this Agreement shall be deemed unenforceable, void or voidable by a court of competent jurisdiction, the remainder thereof shall remain in full and binding effect.
f) No rights are conferred on any party under this Agreement who is not a direct contractual party hereto by virtue of the Contract (Rights of Third Parties) Act 1999.
g) You are over eighteen (18) and have all rights necessary to enter into this Agreement.
h) Where the Artist is comprised of more than one person, the line up of the Artist may be changed if for example any members are unavailable due to sickness, holiday, transport problems, emergencies and equivalent.
i) Where the Artist is unable to attend for any reason (whether he is a soloist and/or performing with other musicians and/or is a DJ), Company will use all reasonable endeavours to assist you in finding a replacement act/artist and/or DJ (though Company itself accepts no liability as agent for any breach by the Artist and/or if Company is unable to find a replacement act/artist and/or DJ in time. Where you accept a replacement act, the foregoing shall not affect the Fee and/or any other provisions of this Agreement. For the avoidance of doubt the Artist shall not be liable for non-appearance due to any act of God, severe weather conditions, sickness, accident, strike, act of terrorism, event of force majeure and/or other event outside its control.
j) In the case of a booking for a group there maybe changes in some of the group line-up before the Event (and the group will still be deemed the group originally booked)
k) You (and the Venue) will allow the Artist access to the Venue at least one hour in advance of the performance to set up and/or check any equipment.
l) You warrant that the Venue will be fully and properly licensed to hold the Event (including without limitation by any local authority, PRS and PPL), there will be public liability insurance in place against all risks, a safe electricity supply, adequate lighting for the Artist and the Venue will comply with all health and safety regulations.
m) You warrant that the Artist's instruments and equipment and property will be safe and secure at the Venue.
n) You warrant that the guests, patrons, customers, members of the public and/or anyone else at the Event and/or rendering services in relation to the Event and/or Venue will not endanger the health or safety of the Artist in any manner.
o) You will provide the Artist with reasonable soft beverages and refreshment (free of charge) at the Event.
p) Where a performance is to take place outside, you will ensure that adequate protection is provided for the Artist and its equipment against weather conditions.
q) If you wish to book the same Artist (and/or any one or more members thereof) up to (2) years from the date of the Event, the booking must be made through the Company.
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