Atrium Entertainment Agency Terms and Conditions of Booking
By making a booking with Atrium Entertainment Agency you agree to these non-negotiable terms and conditions.
‘AEA’ ‘us’ and ‘we’ refers to Atrium Entertainment Agency
If you need clarification of any part of the following terms and conditions please either contact Atrium Entertainment Agency or seek legal advice. These Terms and Conditions of Booking were last updated on 16/11/15.
1. Confirmation of Booking(s)
All bookings are subject to a legally binding contract conveying the following Atrium Entertainment Agency’s non-negotiable terms and conditions:
a) All bookings made through or with AEA are deemed to be ‘confirmed’ with immediate effect upon acceptance of said booking(s) by both client and artist(s), whether that acceptance of the booking(s) be confirmed verbally, electronically, or in writing.
b) When a booking has been confirmed with both the client and artist(s), AEA will send a contract to each of them to be signed. Both contracts should be read carefully by client and artist(s) and signed and returned to AEA within 2 working days.
2. Booking Contract
a) AEA negotiates the booking contract between the artist(s) and the client and is therefore a third party who acts as an employment agency, all references to ‘contract’ refer to the contract between client and artist(s) and vice versa.
b) Both client and artist(s) warrant that no prior contract is in existence that could prevent this contract from being fulfilled, and warrant also that no further contract(s) will be entered into that could prevent this contract from being fulfilled.
c) This contract remains valid even if it is not signed or not returned. No alterations or amendments may be made to initial contract/invoice by the client or the artist(s) without prior approval by AEA.
d) This contract/invoice reflects the initial verbal, written or electronic agreement between client and artist(s), and shall include any terms and conditions agreed prior to its issue, and will be a binding contract unless a written or electronic (email) notice of cancellation is received by AEA within 48 hours of the initial contract/invoice issue date and there is a ‘7 days or more’ period before the event/performance is due to take place.
e) Although all reasonable precautions will be taken to ensure commitment from both client and artist(s), AEA acts as a third party only, and cannot be held responsible for any legal action that may be taken by the client against the artist(s), or vice versa in the event of non-fulfilment of bookings or non-payment of fees.
f) AEA will not be liable for failure to observe contractual obligations by either the client or the artist(s), although in the case of the artist(s) all reasonable precautions will have been taken by AEA to minimise such eventualities.
a) The deposit shall be paid by the client to AEA within 5 working days of the invoice being issued to them, the deposit is non-refundable in all circumstances.
a) Fees are as agreed in contract/invoice. Earlier set up times and longer performance sets to those specified in original contract/invoice will incur an extra charge and must be agreed in advance.
a) The artist(s) shall be in no way liable for breach of byelaws, or conditions under which the venue is leased, hired, or entrusted to the client.
b) The artist(s) shall in no way be liable if their performance is delayed, diminished, or interrupted by venue sound or noise limiters.
c) It is the client’s responsibility before entering into a booking contract, to ensure that all legal requirements are met in relation to the performance venue, and that the venue doesn’t have inhibitive sound or noise limiters that may disrupt or diminish the performance(s).
d) The client ensures that all appropriate licenses, as required by law, are in force during artist(s) setup and dismantling of equipment, and throughout their performance(s).
e) The client will provide adequate supervision and security for guests, customers, staff, agents, representatives, associates or any other such individual(s) at the venue where the performance takes place.
f) AEA ‘and or’ the artist(s) reserve the right to terminate the performance in the event of a disturbance where injury or damage may occur. In such an event, payment for said performance/damaged equipment will be payable in full by the client to AEA.
I. Client Responsibility
a) It is the client’s responsibility to ensure that the event schedules run on time, if the schedules begin to run late and significantly delay the times of the performance(s), the artist(s) is/are under no obligation to finish later than the agreed time stated in the booking contract, with full payment still due to the artist(s). Additional payment for time spent performing after the agreed time stated in the contract should be negotiated amicably between client and artist(s).
b) The client will supply adequate facilities for artist(s) to change and await performance(s), and a secure place to temporarily store equipment/instrument cases (toilets are not deemed to be adequate facilities). These facilities should also include seating for all of the artist(s).
c) The client should ensure that an adequate supply of mineral water and soft drinks are available to the artist(s) at all times at the venue, and should the artist(s) need to spend more than 3 hours at the venue (from arrival to exit) they should be provided with a hot meal or buffet also. The artist(s) to let the client know of any special dietary requirements in advance.
d) The client should allow a suitable schedule for equipment setup/dismantling/removal (normally one hour before and after ACTUAL performance). If the client requires artist(s) before or after said schedule an extra fee is payable (e.g. if actual setup/performance time is rescheduled by the client before the date of the concert causing artist(s) to spend unscheduled time at performance venue).
e) It is the client’s responsibility to ensure that the performance environment is safe, adequate, and fit for purpose, and that the electricity supply conforms to EEC Safety Regulations.
f) Artist(s) instruments and equipment must not be used by anyone else without express permission from the artist(s) themselves.
g) If artist(s) equipment/musical instruments suffer damage at the venue caused by any person ‘associated with or connected to’ the client (including customers and staff) or the client’s party, and the damage is through no fault of the artist(s), the client is liable for the cost of repair/replacement of the damaged equipment/musical instruments.
h) If artists are subjected to any form of aggressive or abusive behaviour at the performance venue, the client is responsible for having the perpetrator of the aggressive or abusive behaviour completely removed from said venue, if the client fails to do this the artists are entitled to terminate their performance without penalty.
i) For a period of not less than 18 months after the date of any artist(s) performing at any event booked by a client through AEA, said client must book any further/future performance(s) by the artist(s) at any event through AEA, and not with said artist(s) themselves.
II. Artist Responsibility
a) Artists/duos/bands/groups of performers should use the line-up as shown on their AEA website ‘artist(s) profile page’ for all AEA bookings.
b) It is the responsibility of the artist(s) to contact the client before the event takes place to confirm all the appropriate and relevant details, for example, what the dress code should be (artist(s) should be well-dressed at all times whatever the dress code), where to park/unload equipment, where the refreshments will be placed (mineral water and soft drinks), when payment will take place at the event, and who to give the invoice and receipt to.
c) Artist(s) should provide all relevant/appropriate equipment/musical instruments to deliver the performance.
d) The artist(s) and their entourage will be polite, friendly and observe reasonable behaviour protocols at all times during attendance at the venue, and will observe clients wishes with respect to equipment placing, sound levels or any other reasonable request(s).
e) Artist(s) should not smoke or park in any restricted area(s) at the event/performance venue.
f) Under no circumstances should the artist(s) be intoxicated or ingest any illegal drugs prior to or during any performance, or at any other time whilst at the performance venue, or when in contact with the client, guests, or venue staff.
g) All equipment provided/used by the artist(s) should be safe, adequate, fit for purpose, and conform to the HSE EAW Act 1989. All equipment should be PAT tested (portable appliance test) at regular intervals not longer than 12 months, and if equipment is in heavy use these intervals should be shorter. Artist(s) should carry confirmation of their equipment’s latest PAT test to show both venue and client.
h) The artist(s) should hold adequate public liability insurance (at least one million pounds cover), confirmation of which, they may be asked to produce at any time.
i) All enquiries related to re-engagement bookings made to the artist(s) at the performance venue, or before/during/after performance (or as a direct result of performance) must be communicated to AEA by either the artist(s) or enquirer/client.
j) No personnel/personal/business cards/marketing materials or any contact information should be given, shown, or exchanged at any time between artist(s), client, or any guest at the performance. Artist(s) will be in breach of contract should they accept direct re-engagement bookings at the event, all such bookings should be made via AEA exclusively.
k) If artist(s) exclude AEA from re-engagement bookings within 18 months from a client booking them through AEA, the artist(s) will be removed from the roster of AEA and will remain liable for unpaid commission for such exclusions.
l) If an individual artist in the line-up of a duo, band or group of performers leaves the duo/band/group, AEA should be notified of the change asap, and new duo/band/group promo photographs showing the new line-up, and if appropriate new audio files, should be submitted to AEA.
III. Please note, the artist(s)/dj (booked through AEA) will try to play as many requests as possible, however, said artist(s)/dj cannot guarantee to play all requests on your list or requests given to them on the evening.
a) Cancellation by either client or artist(s) is not allowed except where either party asserts ‘Force Majeure’ (see clauses 12a and b), or where client and artist(s) mutually agree to cancel the event/booking/contract. In any case written evidence must be provided by both client and/or artist(s) to AEA as soon as they become aware of the event or situation. In either event/situation the deposit paid by the client is non-refundable.
b) If a client or artist(s) asserts Force Majeure as the reason to cancel a/the contract they will have the responsibility of proving a Force Majeure event actually did take place, and will also need to show that they took preventative action where appropriate to try to mitigate the circumstances.
If a client cancels a contract for any reason other than (a) A ‘Force Majeure’ event taking place, (b) Mutual agreement to cancel between the artist(s) and themselves (the client), (c) Cancellation is within 48hrs after booking and 7 days or more before the Event takes place, they will become liable to pay a cancellation fee, the said cancellation fee would be in addition to forfeiture of the deposit.
The cancellation fee is calculated as follows:
CANCELLATION FEE TABLE
|CANCELLATION||FEE TO BE PAID|
|Within 48hrs after booking and 7 days or more before the Event takes place||No cancellation fee to be paid|
|90 days or more before Event||50% of balance to be paid|
|From 60 to 89 days before Event||75% of balance to be paid|
|59 days or less before Event||100% of balance to be paid|
c) If a client books an artist or artists to perform at an event that will take place within the 7 days following the date of the booking, and the client cancels the event at any time within that 7 day period, both the deposit and final balance will be payable in full to AEA.
d) In the event of cancellation by the artist(s) for any reason other than a ‘Force Majeure’ event, or mutual agreement between themselves (artist or artists and the client), said artist(s) will become liable for the cancellation fee if (a) no substitute performer(s) can be found by AEA, or (b) if AEA find substitute performer(s) but the client is unhappy with the substitute(s) (see clause 7e), furthermore the artist(s) shall also indemnify AEA in full for all losses or damages if the client decides to pursue legal action. In the event of said cancellation, artist(s) must also pay AEA within 7 days of cancellation, an administration fee equal to the deposit paid by the client.
e) Where artist(s) has/have cancelled for any reason other than Force Majeure, or mutual agreement to cancel between themselves and the client, and AEA have provided substitute or deputy performer(s) to perform at the event (see section 8), and client consents to this, the artist(s) shall reimburse the client for the difference in cost between the fee the client had agreed to pay for their performance, and the total cost of AEA arranging a substitute artist or artists to perform at the event, this difference in cost will be up to a maximum limit of 20% more than the original fee. If a substitute performer or substitute performers is/are not available to AEA, or the client is unhappy with the substitute performer(s), the artist(s) who cancelled will be liable for the cancellation fee as set out in section 7 ‘Cancellation Fee Table’.
f) Where there is a mutual agreement to cancel the event/booking/contract by client and artist(s), the artist(s) will pay to AEA an administration fee equal to the non-refundable deposit paid by the client.
g) If cancellation by the artist(s) is due to unforeseen circumstances such as physical or psychological incapacity due to illness or injury, a medical certificate signed by a general practitioner (medical doctor) must be submitted to both AEA and the client within 7 days, if the artist(s) fail(s) to do this, clauses 7 ‘d and e’ will apply.
h) If as a result of failures at the venue prior to (ie less than 30 days before) or during performance (ie venue electrical problems, power interruptions etc that are non-Force Majeure) the performance is unable to go ahead; the full fee shall be paid by the client to AEA.
8. Substitute Artists
This section covers a situation where any permanent member(s) of a band or group of performers may need to be temporarily replaced by a deputy/substitute artist or artists should they be unable to perform.
a) In the event of unforeseen circumstances (Force Majeure) that might jeopardise the performance (including artist(s) equipment failure), AEA reserve the right to substitute an alternative artist or artists (equivalent genre and ability) if available, providing the client agrees to this and is happy with the substitute/deputy performer(s). If a client is unhappy with the substitute/deputy performer(s) or substitute/deputy performer(s) are not available to AEA, the client has the right to cancel the booking without incurring a cancellation fee.
b) Duos, bands or groups of performers shall have appropriate deputy performers available in the event that any permanent performer(s) may become incapacitated/unable to perform, in this event AEA should be notified asap. Said deputies should have comparable ability to the artist they replace, and ‘have full knowledge of/be accomplished when performing’ the duo/group/band’s repertoire. Deputy performers should be utilised rather than a booking being cancelled (though this would be subject to the client’s agreement). Other duo/group/band members should ensure that the deputy performer(s) read(s) these terms and conditions prior to the performance.
c) A reduction in the fee paid by the client will not be applicable where substitutes or deputy performers/artists ‘are/have been’ utilised.
a) Final payment (minus the deposit) will be paid by the client to the artist(s) at the venue on the date of the performance before their performance commences.
b) The artist(s) must provide an invoice to the client showing the fee payable, and when paid provide the client with a receipt.
c) Failure of the client to pay artist(s) on the date of the performance will result in an administration charge of £25.00 being added to the final payment (in any case full and final payment should be paid within 7 days), for each complete day of non-payment after the first 7 days and up to the 14th day there will be an additional payment of £5.00 per day or part of a day. These administration charges apply also to any late payment caused by cheques that bounce.
d) If a client fails to pay the outstanding balance within 14 days from the performance date, a debt recovery company will be notified of the non-payment. The client will be responsible for any further charges or legal fees accrued by that process.
a) If a client agrees to fund additional expenses for artist(s) such as accommodation or indeed any other expenses, the artist(s) should send all receipts/invoices for the agreed additional expenses to the client as soon as possible after the event (not later than 7 days afterwards), and the client shall reimburse the artist(s) not later than 21 days from the date of the event.
a) The client/venue must ensure that adequate free parking is available adjacent to the closest access point to the performance area at the venue, to allow artist(s) equipment to be loaded/unloaded. If free parking is not available for the artist(s) it is the responsibility of the client to pay all parking charges for all artist(s) vehicles.
12. Force Majeure
a) Force Majeure refers to events that are completely beyond the control of contracted parties and prevent them from fulfilling their obligations. For example, events that are as a result of the elements of nature, usually referred to as ‘Acts of God’, including natural disasters such as, earthquake, fire, flood, hurricane, volcanic eruption, and other such natural disasters.
b) Force Majeure also refers to other events such as war, terrorism, riots, insurrection, civil disorder, plague, disease, physical or psychological incapacity due to illness or injury, or death.
c) If any party asserts ‘Force Majeure’ as the reason for negating their obligations/liability, they will have the responsibility of proving a ‘Force Majeure event’ actually did take place, and will also need to show that they took preventative action where appropriate to try to mitigate the circumstances.
d) If Force Majeure is successfully proven the cancellation fees stipulated in section 7 shall be deemed unenforceable. However, the initial deposit paid remains non-refundable.
13. Performance Area
a) The client should ensure that the performance area at the venue has adequate space for all artist(s) equipment/musical instruments and enough personal space for each artist to perform comfortably and without restriction (ideally clients and their guests/customers/agents/representatives/associates/staff should not be closer than one and a half metres from performers/equipment/musical instruments during performance). Typically the performance area for a four piece band consisting of vocalist, guitarist, bassist and drummer should not be less than 3 metres square (3 metres across, 3 metres deep).
a) Though AEA are always available for help and advice, if the client has any issue(s) concerning artist(s) and their performance ‘immediately prior to/on the day of/during’ performance, the onus is on the client to resolve said issue(s) to their satisfaction. As stated previously AEA negotiates the booking contract between the artist(s) and the client and acts as an employment agency, a third party in effect, and as such AEA cannot be held responsible for any such issue(s).
b) If any unforeseen issue(s) should occur that could not be resolved ‘immediately prior to/on the day of/during’ the performance, clients or artist(s) should contact our office not more than 48 hours later stating the issue. Though ultimately we are not responsible for either client or artist(s) we will mediate to try to bring the matter to a successful resolution. If our attempts as a third party to mediate are unsuccessful either party would be free to seek other advice.