All terms below are made with the best interests of the client and artist in mind. If you have a query or need clarification of any points then please feel free to contact us.
1. THE AGENT
This booking is negotiated by Danny Boy Jazz & Blues Festival (‘the Agent’) between the venue owner (“the Client”) and the Artist, and each party agrees to abide by these terms and conditions.
2. BOOKING CONFIRMATION
Bookings are confirmed upon verbal, electronic or written acceptance of this booking by both the Client and the Artist. Once the booking is confirmed the Client, the Agent and the Artist shall be bound by these Terms and Conditions.
3. AUTHORITY TO SIGN
The person approving this contract on behalf of the Client must have authority to bind the Client in such a contract, and if they do not have such authority they will be personally liable for any fees payable under these Terms and Conditions.
4. BOOKING FEE
The Booking Fee is a non-refundable pre-payment fee which is payable by the Client to the Agent on confirmation of the booking. The Booking Fee is payable to the Agent at the point of booking by debit/credit card or on invoice within 7 days. If the Client fails to pay the Booking Fee within the stated period (7 days) the Agent and Artist shall each have the option of treating the failure as a cancellation by the Client and free the Artist from all contractual obligations. However, the Client will still be bound by Clause 6 of these Terms & Conditions and any payments due under Clause 6 will still be payable to the Agent and Artist.
Upon ‘Booking Confirmation’, contracts are issued by the Agent to both the Client and the Artist for review and approval. Contracts must be approved by the Client and the Artist and confirmed to the Agent within 7 days of contract issue. Failure by the Client or the Artist to sign and/or return issued contract(s) is not sufficient to cancel the booking or acceptance of these Terms and Conditions. Contracts will become fully effective within 7 days of issue unless written notification is received by either the Client or the Artist stating their wish to cancel the booking.
a) Cancellation by the Client:
All cancellations must be made in writing to the Agent and will be subject to the following terms:
In the event of cancellation of the contract by the Client the Booking Fee will not be refunded and in addition to this
i) if the Contract is cancelled by the Client within 90 days of the Event Date then 50% of the Balance will be payable;
ii) if the Contract is cancelled by the Client within 30 days of the Event Date then 100% of the Balance will be payable.
Any applicable cancellation fees shall be payable by the Client to the Agent within 7 days of cancellation notice. The Agent will forward cancellation fees to the Artist within 7 days of receipt of these fees from the Client.
b) Cancellation by the Artist
Cancellation by the Artist is not permitted for any reason except circumstances covered by Force Majeure (see clause 21).
In the unlikely event of cancellation or non-appearance by the Artist, the Agent will endeavour to do all that is feasibly possible to provide a suitable alternative at no extra cost to the Client and the Client shall not unreasonably refuse to accept such a suitable alternative. In the event of unreasonable refusal, the provisions of clause 6(a) above will apply. Should the Artist cancel the booking under the circumstances not covered by Force Majeure, the Client may pursue unlimited damages from the Artist as they see fit. The Artist also agrees to refund the Client any difference between the total original fee and the total fee charged by any replacement Artist arranged for the Client by the Agent. In the event that a suitable replacement Artist cannot be arranged by the Agent, then the Artist will be liable to pay to the Client a fee equal to the Booking Fee paid by the Client to confirm the booking and this must be paid within 7 days.
7. BALANCE PAYMENT
Unless otherwise agreed, the balance payment is payable by the Client to Danny Boy Jazz & Blues Festival on behalf of the Artist 14 days prior to the Event Date. Danny Boy Jazz & Blues Festival provides a funds transfer service for the Client and Artist at no extra cost. Any other arrangements for the payment of the Balance must be agreed between the Agent and the Client and must be stated on this contract. Danny Boy Jazz & Blues Festival will pay the Balance Payment on to the Artist within 7 days of satisfactory completion of the event, or within 7 days of receipt of Balance payment should this be received after the Event Date.
If a balance payment has not been received 14 days prior to the event (or within the time stated on the contract) the Artist may terminate the Contract without penalty. Additionally, the Client remains liable for cancellation fees as outlined in clause 6 of these Terms & Conditions.
Unless otherwise agreed, Danny Boy Jazz & Blues Festival and/or the Agent is not responsible for the collection of unpaid fees due to the Artist.
8. LATE PAYMENTS
Any overdue invoices relating to this Contract (remaining unpaid beyond the stated payment period) may be subject to a £25 late payment charge. Any unpaid fees due to the Agent, whether due under clause 4 or clause 6 of these Terms and Conditions, will be referred to a debt recovery company ‘Arthur Cox Ltd’ and will be subject to a surcharge (15% plus VAT) to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party. In addition, at the request of the Artist the Agent may refer any outstanding Balance Payment cancellation charges to the recovery company on their behalf also.
9. CHANGES TO CONTRACT
Any changes to the contract details must be authorised by the Agent prior to the Event Date. If changes are made to the contract the Booking Fee amount may be subject to change. Any changes made to the contract without the consent or knowledge of the Agent are undertaken entirely at the risk of the Client and the Artist and will not form part of this Contract.
10. ADDITIONAL FEES
The Agent shall negotiate and/or be notified by the Client and the Artist of any additional fees paid to the Artist including cash payments on the Event Date (e.g. for later performance) and commission may be due from the Artist to the Agent on these fees at the Agent standard rate.
11. CHANGE OF EVENT SCHEDULE
If the Artist is unable to perform their full performance time within the time schedule outlined in the Contract due to changes or over-running of the event schedule which are beyond their control, then there will be no reduction in the Artist’s fee.
12. ARTIST RIDER (HOSPITALITY)
The Artist Rider forms an integral part of this Contract and the Client agrees to provide this at their own expense.
13. INCOME TAX/NATIONAL INSURANCE
It is understood and agreed by all parties that under this Contract the Artist is self-employed and therefore responsible for their own income tax/national insurance.
14. PUBLIC LIABILITY & EQUIPMENT SAFETY
The Artist accepts full responsibility for maintaining their own public liability insurance (minimum of £1 million) and equipment safety documentation including P.A.T. testing certificates for all electrical equipment used at the event.
15. NOISE LIMITERS & VENUE RESTRICTIONS
The Client must inform the Agent prior to making a booking of any Noise Limiters and/or restrictions that are placed on the Artist by the Venue (Event Location). Failure to do so may result in the Artist being unable to perform and under these circumstances any payments due under Clause 6 will still be payable to the Agent and Artist.
16. ARTIST OBLIGATIONS
a) The Artist will provide a highly professional level of performance and shall behave in a professional manner at all times during their time in attendance at the event.
b) The Artist shall communicate with the Agent immediately in the event of any issues relating to their performance at the event.
17. AGGRESSIVE BEHAVIOUR
If the Artist is subjected to aggressive or abusive behaviour the Client must immediately have the perpetrators of such behaviour removed from the premises where the event is taking place. If the Client fails to do so, the Artist may terminate their performance immediately with no penalty and in such a situation the event will be treated as cancelled by the Client, with the provisions of clause 6 taking effect.
Other than those captured by Danny Boy Jazz & Blues Festival officially appointed representatives, all professional audio and video recording of the Artist’s performances is strictly prohibited. Requests for permission to make recordings may be made to the Agent in advance of the event but permission cannot be guaranteed and the Agent reserves the right to charge additional fees in line with the Artist’s current recording fees.
19. ARTIST REENGAGEMENT
Both the Artist and the Client confirm that all booking enquiries arising as a direct result of this performance shall be dealt with and booked by the Agent. The Artist agrees to only distribute promotional material which lists contact details for the Agent and agrees not to hand out any other personal or third party contact details.
The Client shall ensure that in all necessary licenses and permissions for the event are in place.
The Contract represents the entire agreement of the parties. All other understandings and agreements are excluded. In no circumstances will the Agent be liable to the Client for expenses, wasted expenditure, loss of profit or damage to goodwill whether direct or indirect. These terms and conditions are integral with the contract details.
22. FORCE MAJEURE
In cases of Force Majeure (which shall be known as war, fire, death, serious illness, epidemic, strike, labour dispute, accident, civil commotion, national calamity, act of God) which are not attributable to any act or failure to take preventative action by the Client or the Artist, then the Agent, Client or Artist may cancel this booking without penalty.