Terms and Conditions of Booking
HEART EVENTS is referred to as HE within the following clauses:
- This contract is subject to the laws of England. Any additional rider clauses attached will form an integral part of this contract.
- HE act as an employment agency in the negotiation of contracts and act only as the agent for the artiste(s). HE can accept no liability whatsoever for the non-fulfilment of contracts by either part, although all reasonable efforts are assured.
- This document is intended to confirm in writing a booking already verbally agreed which may not be cancelled by either party hereto without the specific consent of the other party involved except in the case of illness / accident or Force Majeure.
- Confirmation documents are issued in place of individual contracts between the two parties for the greater convenience of all concerned. An individual written contract between the client/hirer and artiste will be drawn up if requested by either party.
- The artiste warrants that at the date of this contract they are not under contract to any third party that might preclude them from fulfilling the engagement, and that they will not subsequently enter into any such contract.
- In the event of any non-fulfilment of the contract by either party, the level of liability to the client/hirer and artiste is limited to the maximum of the fee stated in this contract.
- Late cancellation: if the client/hirer wishes to cancel an engagement contract WITHIN 30 CALENDAR DAYS of the date of the event they must inform HE as soon as possible by telephone and email (text message or Facebook message is not sufficient) and the client/hirer also needs to ensure that HE are aware of their intention to cancel an engagement contract; until HE replies the client/hirer must assume HE is still not aware. HE shall notify the artiste forthwith and the artiste shall be entitled to receive compensation of 100% of their total agreed fee. In the event of an act not turning up for an event, HE reserves the right to circulate this information to other Entertainment Agencies.
- Sickness / Accident: If an artiste believes that they are unable to perform at their contracted event due to sickness or accident they must inform HE as soon as possible by telephone and email (text message or Facebook message is NOT sufficient) and the artiste also needs to ensure that HE are aware the artiste is unable to perform, until HE replies the artiste must assume HE is still not aware. The artiste must also provide a medical certificate or relevant accident report within 5 days as proof. If the artiste fails to perform, neither the client/hirer nor HE shall be obliged to pay the artiste’s fee. HE will contact the client/hirer about the issue and endeavour to find a suitable replacement artiste should the client/hirer so wish. If either party requests postponement to another date, this shall be treated as cancellation, should either party not be available or agreeable. HE strongly suggests that the client/hirer arranges relevant insurance to cover their costs of any cancellation.
- Payment Method: The payment terms are covered in each individual contract, to which the terms on this whole page are a part of. “...gross fee in cash directly to The Act...” shall mean the artiste must be paid by the hirer/client on the day of completion of the performance. “Bank Transfer to HE” shall mean that the client/hirer must pay HE directly, HE will then pay the artiste within 2 days of receipt of payment.
- HE reserves the right to request that the client/hirer pay a booking deposit. All booking deposits are non-refundable. All fees are payable according to payment terms agreed within each individual contract/agreement.
- Late Payment: If payment is not received within the time specified in accordance with the terms of the contract, or where no specific time-scale is provided, within 21 days of the date of the invoice, HE shall charge interest at a rate of 2% above the base lending rate of Barclays Bank PLC calculated on a daily basis on all monies outstanding until actual payment is made. Non payers may be reported to other entertainment agencies. The relevant parties to this confirmation agree that, at the time of receiving this document, they have already received HE ‘Terms Of Business’ documentation as appropriate to their position as Artiste, Hirer or employment agency/employment business, whether they have signed and returned a copy to our offices or not.
- The artiste and client/hirer are solely responsible for providing adequate insurance cover for personal property and public liability. (Public Liability is available if the artiste/musician is a member of Equity or The Musicians Union.
- HE strongly recommends that artistes and musicians should be members of Equity or the Musicians Union.
- The artiste is responsible for holding up-to-date-electrical PAT certificates for all relevant items of electrical equipment.
- Special music/performing licences are the responsibility of the client/hirer, if required.
- The artiste's engagement under this contract is such that they would be treated as self-employed for national Insurance and Income Tax Purposes by reason of being engaged under a contract for services.
- In the event of an artiste not turning up for an event without explanation, HE reserves the right to cancel their future bookings, as ‘no shows’ are seriously damaging to HE’s reputation. HE reserves the right to communicate this information to other Entertainment Agencies and other clients whom have booked the act.
Section 2 - ARTISTE and CLIENT/HIRER CONTRACTUAL OBLIGATIONS
- Re-engagements: the client/hirer and the artiste agree that any future bookings into a venue (or others owned by the same establishment) within 18 months from the date of the fulfilment of each contract shall be made via Heart Events (HE).
- All enquiries for future bookings obtained by an artiste whilst at an event arranged by HE should be passed to HE to manage. HE business cards can be supplied to the artiste upon request. Any display of, or the issuing of an artiste's own business card, leaflet, telephone number, email address, website or social networking sites etc, at an HE contractually arranged event for the purpose of obtaining further bookings of the artiste, will be deemed as a serious breach of contract by the artiste and will render the artiste liable to financial compensation to HE.
- The client/hirer shall provide a safe working environment, a power supply that is both safe and adequate, a changing room or other facility for the artiste(s) to change and relax (other than a public toilet) and an adequate performance area.
- Abuse: The client/hirer agrees that if any artiste is threatened, abused verbally or physically by anyone present at the performance then the artiste will be entitled not to perform, without penalty. All Fees will remain payable by the client/hirer.
- The artiste will ensure they travel in roadworthy vehicle(s) to get them to performances. They also agree to have membership of nationwide vehicle repair/recovery service, in the event of transport failure on route to their performance.
- Parking: It is the responsibility of artistes to park in the most suitable place with guidance from venue management. It is the responsibility of the Artiste to pay parking fees if due.
- Confidentiality: The client/hirer, the venue, venue staff, the artistes(s) and their fellow performers agree to respect at all times the confidentiality of the business of all parties to an HE contract and they may not engage in any public pronouncements that could reasonably be deemed to be detrimental to the reputation of the client/hirer, the venue, venue staff, the artistes(s) and their fellow performers. Public pronouncements include public messages and comments on social media platforms.
- By reading and accepting all the terms of business and conditions in this agreement, both the client/hirer and the artiste named in the contract are entering into a legal and binding arrangement to fulfil the contract and its conditions in its entirety.