HEART EVENTS is referred to as HE within the following clauses:
Section 1
These Terms and Conditions of Booking in combination with each Individual Confirmation Document form the contract between parties and are subject to the laws of England. Any additional rider clauses attached will form an integral part of the contract.
These Terms and Conditions of Booking in combination with each Individual Confirmation Document are intended to confirm in writing a booking already agreed verbally, by email or by text and 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.
Individual Confirmation Documents are issued in place of individual contracts between the two parties for the greater convenience of all concerned. Each Individual Confirmation Document references these Terms and Conditions of Booking listed on this web page. An individual written contract between the client/hirer/venue manager and the artiste(s)/performer(s) can be drawn up if requested by either party.
The artiste(s)/performer(s) warrants that at the date of a 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.
HE act as an employment agency in the negotiation of contracts and act only as the agent for the artiste(s)/performer(s). HE can accept no liability whatsoever for the non-fulfilment of contracts by either part, although all reasonable efforts are assured.
Level of liability: In the event of any non-fulfilment of the contract by either party, the level of liability to the client/hirer/venue manager and the artiste(s)/performer(s) is limited to the maximum of the fee stated in this contract.
Late cancellation of a contracted event by the client/hirer/venue manager: if the client/hirer/venue manager wishes to cancel a 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/venue manager also needs to ensure that HE are aware of their intention to cancel an engagement contract; until HE replies the client/hirer/venue manager must assume HE is still not aware. HE shall notify the artiste(s)/performer(s) forthwith and the artiste(s)/performer(s) 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/performer 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/performer also needs to ensure that HE are aware the artiste/performer is unable to perform. Until HE replies, the artiste/performer must assume HE is still not aware. The artiste/performer must also provide a medical certificate or relevant accident report within 5 days as proof. If the artiste/performer fails to perform, neither the client/hirer/venue manager nor HE shall be obliged to pay the artiste’s/performer's fee. HE will contact the client/hirer about the issue and endeavour to find a suitable replacement artiste(s)/performer(s) should the client/hirer/venue manager 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/venue manager arranges relevant insurance to cover their costs of any cancellation.
Payment methods: The payment terms are covered in each individual contract, to which the terms on this whole page are a part of. For example: “...Gross Fee to be paid in cash directly to The Artiste(s)/Performer(s)...” shall mean the artiste(s)/performer(s) must be paid by the hirer/client/venue manager on the day of completion of the performance. “Bank Transfer to Heart Events” shall mean that the client/hirer/venue manager must pay HE directly, HE will then pay the artiste(s)/performer(s).
Booking Deposits: HE reserves the right to request that the client/hirer/venue manager pay a booking deposit for an event(s). All booking deposits are non-refundable. All fees are payable according to payment terms agreed within each individual booking confirmation/contract created by HE.
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 Lloyds 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 contract/confirmation agree that, at the time of receiving the document, they have already received HE ‘Terms Of Business’ documentation as appropriate to their position as artiste/performer or hirer/client/venue manager, whether they have signed and returned a copy to our offices or not.
Insurance: The artiste/performer and client/hirer/venue manager are solely responsible for providing adequate insurance cover for personal property and public liability. (Public Liability Insurance is available if the artiste/musician/performer is a member of Equity or The Musicians Union).
HE strongly recommends that artistes/performers/musicians should be members of Equity or the Musicians Union.
Electrical certification: The artiste(s)/performer(s) is/are responsible for holding up-to-date PAT certificates for all relevant items of electrical equipment taken to an event.
Music/performing licences are the responsibility of the client/hirer/venue manager, if required.
The artiste's/performer'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.
If the artiste(s)/performer(s) do/does not turn up for a event contracted by HE without an 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 artiste/musician/performer.
Section 2 - CONTRACTUAL OBLIGATIONS of ARTISTE(S)/PERFORMER(S) and CLIENT/HIRER/VENUE MANAGER
Re-engagements: the client/hirer/venue manager and the artiste(s)/performer(s) agree that any future bookings by the client/hirer/venue manager (into the same venue or others owned by the same client/establishment) within 18 months from the date of the fulfilment of each contract shall be made via Heart Events.
All enquiries for future bookings received by the artiste(s)/performer(s) whilst at an event arranged and contracted by HE should be passed to HE to negotiate and manage. HE business cards can be supplied to the artiste(s)/performer(s) upon request.
The client/hirer/venue manager shall provide the artiste(s)/performer(s) with a dedicated and adequate room for changing, storing possessions, preparing and relaxing (NOT a public toilet), a safe working environment, an adequate and safe power supply, and an adequate performance area.
Abuse: The client/hirer/venue manager agrees that if any artiste(s)/performer(s) is/are threatened, abused verbally or physically by anyone present at the performance then the artiste(s)/performer(s) will be entitled to not perform or to cease performing, without penalty and all contractual fees will remain payable by the client/hirer.
Vehicles: The artiste(s)/performer(s) 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, to assist in the event of transport failure on route to their performance(s).
Parking: It is the responsibility of the artiste(s)/performer(s) to park in the most suitable place with guidance from venue management. It is the responsibility of the artiste(s)/performer(s) to be aware of and pay parking fees if due.
Confidentiality: The client/hirer, the venue, venue staff, the artiste(s)/performer(s) agree to respect at all times the confidentiality of the business of all parties to a Heart Events 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, or the artiste(s)/performer(s). 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/venue manager and the artiste(s)/performer(s) named in the contract are entering into a legal and binding arrangement to fulfil the contract and its conditions in its entirety.
