TERMS and CONDITIONS  

 

This document sets out the terms and conditions for bookings made through us.  

ANY BOOKING WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING IS A LEGALLY BINDING CONTRACT. FAILURE TO SIGN THE BOOKING FORM HAS NO EFFECT ON THE VALIDITY OF THESE TERMS AND CONDITIONS. 

Clients are particularly advised to read through their obligations in respect of the Event (see clause 3), their payment obligations (see clause 5), their rights to cancel and the accompanying fees (see clause 6) and their rights and obligations in the event of loss or damage (see clause 9). 

 

1. INTRODUCTION 

1.1 

Definitions. In these Terms, the following definitions apply: 

“Artist” – means DJ Mike Mckay booked by the Client under this Contract, as set out on the Booking Form, including any substitute or replacement performer. 

“Client” - means the person(s), firm or company booking the Artist, and for whom the Artist will perform, as stated on the Booking Form. 

“Contract” - means together the Booking Form, these Terms and any other written agreement made between the Artist and the Client concerning the Performance and made known to the Agent. 

“Deposit” - means the amount due from the Client to the Artiste to secure the Artist exclusively for the Event, as detailed on the Booking Form. 

“Event” - means the Client’s event at which the Artist will perform. 

“Online Booking Form” – means the booking form the client completes online to confirm the quoted event details and fees presented in the quote delivered by email to the client upon initial contact 

“Force Majeure Event” - means an event that is outside the reasonable control of a party that prevents that party from being able to comply with its obligations under this Contract, such as (without limitation) war, fire, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy and act of God. 

“Performance” - means the Artist’s performance at an Event. 

“Performance Date” - means the date of the Performance as set out on the Booking Form. 

“Balance” - means the fee for the Artist, as set out on the Booking Form, payable by the Client in accordance with these Terms, subject to adjustment in the circumstances set out in these Terms. 

“Terms” - means these terms and conditions. 

“Venue” - means the location at which the Event is held and where the Artist will perform, as stated on the Booking Form. 

1.2 

Interpretation. Unless the context otherwise requires: 

a. Use of the singular includes the plural; 

b. Reference to one gender includes all genders; 

c. Reference to “a person” includes a reference to a company, firm or unincorporated association; 

d. Use of the words “including”, “in particular” and any other similar words or expressions will be illustrative only and will not limit the sense of the words, description, definition, phrase or term preceding those terms; and 

e. Use of the words “writing” or “written” includes email. 

1.3 

Contacting the Parties. 

a. The Artist can be contacted by telephoning 07971 958836 or by writing to 27 Lowgate, Sutton, Hull. HU7 4US or via email to djmikemckay@gmail.com 

1.5 

Changes.  

any significant requests or changes to the booking must be communicated to the Artist immediately. 

a. It is the responsibility of the Artist and the Client respectively to ensure that they are reasonably contactable at all times and respond promptly to any such contact.  

 

2. THE BOOKING 

2.1 

Booking confirmation.  

The Client will confirm the booking in writing via the online booking form   immediately following its receipt of the agreement of both the Client and the Artist to the booking. The Contract will come into force from receipt of the booking confirmation and deposit payment. The Client and the Artist should sign their respective copies of the Contract as soon as possible to indicate their acceptance to these Terms, but failure by the Client or the Artist to sign and/or return the Contract does not constitute a cancellation of the booking nor the rejection of these Terms. Bookings can only be cancelled in accordance with clause 6 of these Terms. 

 

2.2 

Mistakes in the Contract.  

It is the responsibility of the Client and the Artist to ensure that the information contained within the Booking Form is accurate (e.g. that the Balance, Performance Date and Venue are correct). Errors on the Booking Form should be notified to the Client without delay, and in any event no later than 7 days following the booking confirmation, except where the Performance Date is within 7 days of booking confirmation. in which case the Client must be notified within 24 hours of booking confirmation. Where possible, 

the Artist will attempt to rebook but should this not be possible, the Artist or the Client may cancel the Contract. If the Contract is cancelled under this clause 2.2, the cancellation fees in clause 6 will not be payable, but the Deposit remains payable and may not be refunded. 

2.3 

Booking Notes.  

The Artist, may agree with the Client special conditions in respect of a Performance. 

Such special conditions will be set out in the Booking Form, and will apply to the Contract. 

Should there be any conflict between these Terms and the information and/or special conditions set out on the Booking Form, the Booking Form will take precedence. 

 

 

2.4 

Altering the Contract and/or the Event.  

If either the Artist or the Client wish to alter the Contract or the Event, the following provisions apply: 

a. Both Artist and Client must agree for any changes to be made 

b. If agreement is reached on a proposed alteration, the Artist will confirm any changes to the Deposit and Balance, the timing or any other matter with the Client. 

c. If agreement cannot be reached on a proposed alteration, the Contract will continue in its original form unless specifically ended by the Client or the Artist in writing in accordance with clause 6. 

d. Matters that arise on the Performance Date (whether unavoidable situations or pursuant to clause 5.4) must be resolved by the Artist and Client  

e. Where changes agreed between the Client and Artist incur additional costs to the Client, the Artist accepts full responsibility for arranging the collection of all additional fees.  

Save for in the specific instances set out elsewhere in this Contract, any alterations to this Contract must be carried out in accordance with this clause 2.4 otherwise such alterations will be invalid. 

2.5 

Keeping the Contract safe.  

The Artist will keep an electronic copy of the Contract for its records. The Client should keep their own copy of the Contract for their own records,  

2.6 

No other terms apply.  

These Terms apply to the Contract to the exclusion of any other terms that the Client or Artist seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. No representation, undertaking or warranty that is not set out in this Contract will apply to the Contract, and this Contract contains the entire agreement of the Artist and Client in respect of the Performance. 

 

 

 

3. CLIENT’S RESPONSIBILITIES 

3.1 

Standard requirements. By entering into the Contract, the Client confirms to the Artist that it will: 

a. take all reasonable steps to prevent: 

i. the use of the Artist’s equipment by other performers or persons without the consent of the Artist; 

ii. the loss, damage or theft of the Artist’s equipment by the Client or its guests or agents for the duration of time that the Artist is at the Venue; and 

iii. aggressive or abusive behaviour towards the Artist by the Client or its guests and agents and, should such behaviour occur, the Client will remove the perpetrator; 

b. ensure that the Venue: 

i. has a safe and adequate source of power; 

ii. has a safe area for the Performance 

iii. is suitable for the Artist and all its equipment in particular (but without limitation) by confirming if the Venue has a sound limiter (and if so, what the decibel threshold is) and that the Venue holds all appropriate licenses; and 

iv. has a convenient space as close as possible to the Performance area, where the Artist may legally park their vehicle(s) for loading and unloading their equipment; 

c. arrange for such access to the Venue for the Artist, and its agents or subcontractors, as the Artist may reasonably request; 

d. inform the Artist of any and all regulations and requirements of the Venue which may apply to it and/or the Performance; and, 

e. comply with any specific requests set out in the  Booking Form, or other reasonable 

requests made known to the Client by the Artist or the Agent before the Performance. 

3.2 

Suitability of the Venue. It is the Client's responsibility to ensure the Venue is suitable for the Artist and non-performance of this Contract by the Artist due to Venue restrictions will not entitle the Client to any refund of, or reduction to, the Deposit or Balance, which will remain payable in full. 

 

 

3.3 

Variations to these requirements. 

 The requirements of this clause 3 are the standard minimum requirements expected of the Client for their Event. Further requirements, or specific waivers of any of the standard requirements, may be agreed between the Client and the Artist (including as to the cost implications of any such variation) separately in writing.  

3.4 

Breach of this clause.  

The Artist may, at its option, treat the Client’s breach of this clause 3 as a cancellation by the Client under clause 6.1. In addition to any other charges due under clause 6.1, the Client will be responsible for: 

a. the reasonable cost of repairing any damage to, or replacing any, property of the Artist; and 

b. any loss of revenue actually suffered by the Artist, that arises as a direct consequence of the Client’s failure to comply with this clause 3. 

 

4. ARTIST’S RESPONSIBILITIES 

4.1 

Standard requirements.  

By entering into the Contract, the Artist confirms to the Client that: 

a. it will provide a performance with reasonable care and skill, materially reflecting the likeness of the Artist's show and as advertised to the Client via distribution of the Artist's promotional materials, pictures, videos, audio recordings, and web page, etc.; 

b. it will use its reasonable endeavours to adhere to the Client’s reasonable wishes, and will generally be polite and courteous with the Client, its guests, and all Venue staff and contractors; 

c. it will communicate promptly and reliably as reasonably required by the Client; 

d. it will properly record all communications, requests and directions from the Client in order to ensure that the reasonable wishes of the Client are met at the Event; 

e. Musical direction 

i. it may (at the Artist’s discretion) follow the musical preferences of the Client in relation to the selection of songs from the Artist’s advertised repertoire to be performed at the Event, but does not guarantee that all requests can be met, or that any specific order of songs can be met; and 

ii. it will perform all song requests that are integral to the booking negotiation, provided that they have been agreed as part of the initial booking and are highlighted on the Pre event artiste’s info link; 

f. it will provide all equipment required to undertake the Performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist's responsibility to ensure the good working order and safety of its own equipment, and to obtain all necessary insurances and certification and send to the Event Venue in advance ; 

g. it will hold suitable vehicle breakdown cover which includes ‘onward travel’ to ensure it can be towed to the Event if required and if feasible; 

h. its fee is inclusive of all expenses (except those that have been itemised or accounted for separately in this Contract), 

including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc. and covers all payments whatsoever due to all members comprising the Artist (if the Artist is more than one person); 

i. it will refrain from the excessive drinking of alcohol before, during and after the Performance and at all times when the Client or its guests are present; 

j. it will not under any circumstances partake of any illegal substances on the Performance Date, or whilst at the Venue, or whilst in the presence of the Client, its guests, Venue staff or other associated suppliers or artists; 

k. it will comply with all rules and regulations of the Venue made known to it; 

l. it will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves or the Client; 

m. at the time of agreeing to this Contract, it will not be under any contract or other obligation to a third party that might preclude it from carrying out the Performance; 

n. it will be suitably dressed during the Performance in line with the Artist’s image and/or act; 

o. 

p. it is not employed by the Client, and it is solely responsible for its own accounting and the payment of VAT and other taxes arising in connection with the Performance and for all National Insurance contributions in respect of each member of the Artist; and 

q. it maintains its own Public Liability Insurance (a minimum cover of £10,000,000) and its own equipment and vehicle insurance and carries out regular P.A.T. testing of its equipment. 

 

4.2 

Sound limiters and volume.  

The Artist will deliver the Performance in the manner, and at a volume, that suits the style of music that it performs. The volume and sound level of any equipment can be adjusted as the Client reasonably requests and should the Client request such an adjustment, or as the Venue may require. Where the Venue’s sound and volume requirements are not made known to the Artist at the time of the booking, or where the Client requests the adjustment, the Artist cannot guarantee the quality of the Performance, and there will be no reduction in, or refund of, the balance where the Performance is affected due to the Artist complying with this clause 4.2. 

4.3 

Variations to these requirements.  

These requirements can be varied on agreement (including as to the cost implications of any such variation) between the Client and the Artist separately in writing.  

4.4 

Breach of this clause.  

The Client may, at its discretion, treat the Artist’s breach of this clause 4 as a cancellation by the Artist under clause 6.3. 

 

5. PRICE AND PAYMENT 

5.1 

Where to find the Total fee for the booking. The Total fee is stated on the quotation. 

5.2 

What is included in the Total fee. The Total fee includes: 

a. the Deposit; 

b. the Balance 

5.3 

What is included in the Balance.  

The Balance includes: 

a. the Artist’s fee for the Performance; 

b. VAT (where applicable); and 

c. (unless otherwise specified in the Booking Form) the Artist’s expenses (including, but without limitation, costs of travel, all additional equipment, parking, accommodation, dressing rooms and technical requirements). 

 

5.4 

What is not included in the Balance.  

The Balance does not include: 

a. refreshments (see Artist Food & Drinks Requirements on the Booking Form); 

b. extended performance fees or late finish fees (see clause 5.4 below); 

c. cancellation fees (see clause 6 below); 

d. additional expenses agreed between the Client and the Artist that are not stated on the Booking Form or which are expressly stated to be excluded from the Balance; and 

e. compensation for breaches of the Contract. 

5.5 

The Balance may vary. 

The Balance may change in the following circumstances: 

Extended performances.  

If the Artist is requested, and agrees, to perform for longer than the time specified on the Booking Form, the Client will pay to the Artist an extended performance fee equivalent to the pro-rated Balance. 

This extended performance fee is payable on the Performance Date directly to the Artist. 

For example only, if the Artist was originally booked for a 2-hour performance costing £1,000 in total, and agrees to extend the performance by 30 minutes (i.e. a further 25%), the extended performance fee would £250 (25% of the balance on account of an extra 25% of performance)  

 

 Late finishes.  

If the Event runs late and the Artist is asked, and agrees, to finish later than the finish time stated on the Booking Form, the Client will pay to the Artist a late finish fee equivalent to 10% of the Balance for every 30 minutes over run. This late finish fee is payable on the Performance Date directly to the Artist. 

c. Earlier arrival. If, after the booking is confirmed, the Client requires the Artist to arrive earlier than contracted, and the Artist agrees, the Balance may increase to account for the Artist’s additional time at the Venue. This will be agreed between the Artist and Client. 

The Artist has the right to refuse to extend the Performance, finish late or arrive early without penalty. There will be no reduction in the Balance if the Event runs late such that the Artist is unable to complete the Performance, unless the Event runs late due to the actions of the Artist. 

 

 

5.6 

When the Client must pay.  

You must pay: 

a. The Deposit. The Deposit shown on the Booking Form is payable by the Client to the Artist within 7 working days of the Client confirming the booking. 

b. The balance. Unless agreed otherwise, the balance of the fee agreed is payable by the Client to the Artist no later than 14 days before the Performance Date.  

c. Additional fees. Any additional expenses and fees not stated on the Booking Form or not included in the Balance, as agreed between the Client and the Artist, are payable to the Artist on the Performance Date unless agreed otherwise. 

5.7 

How the Client can pay.  

Payment of the deposit and any advance payment of Artist fees agreed to be paid can be made by debit/credit card or bank transfer (details provided on the invoice) Payment of fees directly to the Artist can be made in cash on the Performance Date, or in advance by bank transfer 

 

 

5.8 

Interest may be charged by the Artist. If the Client does not make a payment by the due dates specified in the Contract, 

and if the Artist has not agreed extended payment terms, then interest at statutory rate as set out by the Late Payment of Commercial Debts (Interest) Act 1998 will be charged on the overdue amount. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. The Client must pay interest together with any overdue amount. 

5.9 

What to do if an invoice may be wrong. If an invoice appears to be wrong, please contact the Artist promptly. No interest will be charged until the dispute is resolved. Once the dispute is resolved, interest will be charged on correctly invoiced sums from the original due date. 

 

6. CANCELLATIONS 

6.1 

Cancellations.  

Unless agreed in writing otherwise and set out on the Booking Form, the parties can only cancel the Contract in accordance with the provisions in this clause 6. 

6.2 

Cancellation by the Client: 

All cancellations by the Client must be made in writing to the Artist, and the Client must ensure that it receives a written acknowledgement of the cancellation from the Artist. All cancellations will be subject to the following terms: 

a. The Client’s right to end the Contract. The Client is entitled to cancel the booking in the following circumstances: 

i. Where the Performance date is more than 7 days after booking confirmation, cancellation can be made within 5 working days of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made with the Artist in the following 24 months; 

ii. Where the Performance date is less than 7 days after booking confirmation, cancellation can be made within 24 hours of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Artist in the following 24 months; 

iii. in the circumstances set out in clause 2.2; 

iv. in accordance with its rights in clause 7; and 

v. on the occurrence of a Force Majeure Event (in accordance with clause 11). 

b. All other cancellations and the cancellation fee. In all other instances, if the Client cancels the Contract it will be liable to pay a cancellation fee, which will be calculated as follows: 

i. Up to 18 months before Performance Date = loss of Deposit only; 

ii. Between 18 and 12 months before the Performance Date = loss of Deposit + cancellation charge of 25% of the remaining balance excluding travel costs; 

iii. Between 12 and 6 months before the Performance Date = loss of Deposit + cancellation charge of 50% of the remaining balance excluding travel costs; 

iv. Between 6 and 3 months before the Performance Date = loss of Deposit + cancellation charge of 75% of the remaining balance excluding travel costs; and 

v. Within 3 months of the Performance Date = loss of Deposit + cancellation charge of 100% of the remaining balance excluding travel costs. 

The cancellation fees set out above compensate the Artist for its anticipated loss of revenue from the Event and take into account the anticipated likelihood of the Artist securing an alternative booking for the Performance Date. 

c. Payment of cancellation fee.  

The cancellation fee will be calculated by the Artist and notified to the Client shortly following receipt of the Client’s written cancellation. Cancellation fees must be paid to the Artist within 14 days of the Performance Date.  

d. What happens if an alternative booking is secured. The Artist will use reasonable endeavours to secure an alternative booking for the Artist on the Performance Date at a commercially reasonable price. If the Artist does secure an alternative booking on the Performance Date then the cancellation charge will be reduced to the loss of deposit plus the difference between the Balance and the equivalent amount for the alternative booking (if any). Refunds of cancellation charges will be paid to the Client within 14 calendar days following the Performance Date. 

6.3 

 

Cancellation by the Artist: 

All cancellations by the Artist must be made in writing to the Client, and the Artist must ensure that it receives a written acknowledgement of the cancellation from the Client. All cancellations will be subject to the following terms: 

a. The Artist’s right to end the Contract without charge. The Artist is entitled to cancel the booking without charge in the following circumstances: 

i. Where the Performance date is more than 7 days after booking confirmation, cancellation can be made within 5 working days of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made in the following 24 months; 

ii. Where the Performance date is less than 7 days after booking confirmation, cancellation can be made within 24 hours of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made in the following 24 months; 

iii. in the circumstances set out in clause 2.2, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made in the following 24 months; 

iv. failure by the Client to pay any amount of the Balance by its stated due date, in which case the Client will be liable to pay the cancellation fees set out in clause 6.2(b) in such circumstances. 

b. Cancellation fees 

If the Artist cancels the Contract for any other reason, it will be liable to pay the following cancellation fees: 

i. to the Client where a replacement artist is found in accordance with clause 6.3(c) below, the difference (if any) between the Balance and the fee charged by the replacement artist (if such fee is higher than the Balance), up to a maximum higher price difference of 20% of the Balance; or 

ii. to the Client where a replacement artist is not found in accordance with clause 6.3(c), all sums paid in advance on account of the Balance, whether paid to the Artist, and the Deposit within 7 days of the Client’s notification that it does not want to use a replacement artist. 

c. Artist replacement on cancellation.  

On the Client’s request, the Artist will attempt to find a suitable replacement artist of similar standard, style and cost in the event of a cancellation by the Artist. Should a replacement artist be found to the Client’s reasonable satisfaction, there will be no refund of any part of the Balance already paid (if any), which will be applied towards the fee for the replacement artist. Should a replacement artist charge a lower fee, the Artist will recalculate the Deposit and the Balance accordingly in respect of the replacement artist. If the recalculated Deposit is lower than the original Deposit, the difference between the two will be credited against the deposit due on another booking in the following 24 months. 

6.4 

7. USE OF ALTERNATIVE OR DEPUTY PERFORMERS 

7.1 

Application of this clause.  

This clause specifically addresses the use by the Artist of alternative or substitute performers within its act. It does not apply to the use of any replacement artist by the Client in the event that the Artist cancels the Contract. The terms on which any replacement artist is engaged will be set out in a separate contract. 

7.2 

Line-up. Wherever possible. 

The Artist will utilise the line-up as represented to the Client, unless the need arises to substitute a performer due to unforeseen circumstances. However, the Client acknowledges that the Artist’s line-up is subject to change between the booking and the Event and that this may occur without notice to the Client. 

7.3 

Use of substitute performers. The Artist may have substitute performers ‘on-call’ and reserves the right to use one or more of these should the need arise. The Artist agrees that any substitute performers utilised will have equivalent ability to the performer replaced and will represent the Artist to the customary manner in which the Artist has portrayed itself to the Client. 

7.4 

No right to Artist cancellation.  

If a member of the Artist’s line-up becomes unavailable and a suitable substitute performer is available to fulfil the booking under the agreed terms, the Artist must use the substitute performer and may not cancel the Contract under clause 6.3(a). 

 

 

7.5 

 

No reduction in fee or grounds for cancellation.  

The Client is not entitled to a reduction in the Deposit or Balance in the event that a substitute or alternative performer or performers is/are used, and neither will the use of a substitute or alternative performer constitute grounds for cancellation unless any of the following apply: 

a.  

c. the substitute performer is not, in the reasonable opinion of the Client, based on evidence provided by the Client (e.g. mobile phone video footage or other evidence), of the same professional competence as the Artist who is replaced. 

7.6 

e. if the replacement artist is acceptable to the Client: 

i. the deposit, and any pre-paid sums, will apply to such replacement artist; and 

ii. the Client will be responsible for the extra cost of the replacement artist (if any) or will (if the replacement artist is of a lower value) be refunded any amount paid in advance on a pro-rata basis; or 

iii. if the replacement artist is not acceptable to the Client, the Client may cancel the Contract and all advanced payments in respect of the Artist’s fee (if any) will be refunded, but the deposit will be retained. The Client must inform the Artist if it does not accept an alternative/substitute performer or a replacement artist. Failure to do so will be deemed to be an acceptance of such alternative/substitute performer or replacement artist, and the Client may be required to pay a higher Balance. 

 

 

 

8. PHOTOGRAPHY & FILMING 

8.1 

Photographs and films by the Client.  

Unless the Artist has expressly prohibited the taking of photographs or video of the Performance on the pre event artiste info link  then the Artist grants the Client the right to take photographs and video of the Performance for personal use only, or for the purpose of documenting the Event. The Client may not use any photos or video of the Performance for any commercial purpose without the prior written consent of the Artist. 

8.2 

Photographs and films by the Artist.  

Unless the Client has expressly prohibited the taking of photographs or video of the Event (including the Performance), whether via the Booking Form or by informing the Artist directly, or unless prohibited by the Venue, then the Client consents that the Artist may take photographs and video footage at the Event for use in the promotional and marketing activities of the Artist, subject always to the Right to Removal set out in clause 8.4 below. The Artist undertakes that any photographs and/or video taken will not represent the Client and its guests, or the Venue and its staff, in a derogatory manner and that it will use reasonable endeavours to obscure or edit out any corporate or trading name, or brand or logo, of the Client from the photographs/footage. 

8.3 

Assignment of copyright.  

The Client assigns to the Artist any interest in the copyright in the photographs and/or video which the Artist takes and waives any right to any payment for the use of any of the photographs and/or video. The Client agrees that this clause 8.3 is for the benefit of the Artist and any licensee or assignee of the Artist 

8.4 

Right to Removal. 

a. If the Client is unhappy with any or all of the photographs and/or video taken by the Artist at the Event, they may request that the Artist remove them and that they are not used again in the future. 

b. The Artist will comply with any request to remove photographs and/or video as soon as is reasonably practicable, including removal from any third-party locations where possible. 

c. The Client accepts that it may not be possible to remove an image or video from a location that the Artist does not directly control, or from published documents in which they have already appeared. 

 

9. LIABILITY OF THE PARTIES 

9.1 

Responsibility of each party.  

Each of the parties to this Contract must use its reasonable care and skill in complying with its various obligations in this Contract. In view of this commitment, and other commitments given in the Contract, the term implied by section 13 of the Supply of Goods and Services Act 1982 is excluded from this Contract. 

9.2 

Liability Exclusions.  

The Artist will not have any liability to the Client for any: 

a. loss of profit; 

b. loss of business; 

c. loss of business opportunity; 

d. loss of anticipated savings; 

e. loss of, or damage to, goodwill; and 

f. indirect or consequential loss, 

suffered or incurred by the Client. 

9.3 

Liability is capped. 

 No party to this Contract will be responsible for any losses of the other that, whether on its own or taken together with other losses, exceed the Total price of the Contract unless such loss(es) is(are) caused by the negligence of that party or a deliberate act taken in bad faith by that party. 

9.4 

Liability of the parties.  

Each of the Artist and Client are severally liable to each other for their specific obligations in this Contract, and no party is liable for the actions or omissions of the other(s) unless such actions or omissions arise directly from a breach of this Contract by that party. 

9.5 

No exclusion or limitation of liability where it is unlawful to do so. There is no limitation to the liability of any party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for breach of statutory rights. 

 

10. DATA PROTECTION 

10.1 

Use of the Client’s personal data.  

The Artist will only use the Client’s personal data in order to attend the Event and carry out the Performance and to otherwise exercise its rights, and comply with its obligations, in the contract. The Client should contact the Artist for more information if desired. 

 

11. FORCE MAJEURE 

11.1 

What is not a Force Majeure Event.  

Notwithstanding the definition of Force Majeure Event given in clause 1.1, the parties acknowledge that it is not a Force Majeure Event if any number of attendee(s) at the Event is(are) sick or die(s) unless due to an epidemic or other similar event with broad effect or where the Force Majeure Event arises due to the act or omission of the affected party, or any person authorised by it. 

 

11.2 

What happens if there is a Force Majeure Event.  

On the occurrence of a Force Majeure Event, the affected party should notify the Agent immediately in writing or via the Agent’s telephone number. The Agent will notify the other party and will work with both parties to try to resolve, or lessen the effect of, the Force Majeure Event. Any obligation of the affected party that can no longer be performed due to the Force Majeure Event will be delayed until the Force Majeure Event ends, or the Contract is cancelled in accordance with the terms of clause 11.3. In all instances of a Force Majeure Event, the affected party must make a reasonable effort to lessen the effect or duration of the Force Majeure Event. 

11.3 

Cancellations due to a Force Majeure Event. 

a. Cancellation by the Client due to a Force Majeure Event. 

i. If a Force Majeure Event affecting the Client is so substantial in its effect, or occurs so close to the Performance Date, that the Client cannot reasonably be expected to continue with the Event, then it may choose to cancel the Contract in accordance with the terms of this clause 11.3(a). 

ii. If the Client chooses to cancel the Contract, it must inform the Artist, and the Client must ensure that it receives a written acknowledgment of the cancellation from the Artist. 

iii. If the Contract is cancelled due to a Force Majeure Event, the Artist will refund all sums paid to it in advance on account of the Balance, but the Deposit will be retained. 

iv. The Client may choose to still host the Event, but on a smaller scale. If the Artist agrees to still perform, this will be treated as a cancellation and re-booking of the Artist and the Balance will be adjusted accordingly. If the Artist does not agree to still perform, the terms of clause 11.3(b) will apply. 

b. Cancellation by the Artist due to a Force Majeure Event. 

i. If a Force Majeure Event affecting the Artist is so substantial in its effect, or occurs so close to the Performance Date, that the Artist cannot reasonably be expected to continue with the Performance, then it may choose to cancel the Contract in accordance with the terms of this clause 11.3(b). 

ii. If the Artist chooses to cancel the Contract, it must inform the Client, and the Artist must ensure that it receives a written acknowledgement of the cancellation from the Client. 

iii. The Artist will attempt to find a suitable replacement artist of similar standard, style and cost, and will attempt to contact the Client to notify it of the situation and any replacement artist options, but the Artist cannot guarantee a like-for-like replacement artist. 

iv. If the Client agrees to a replacement artist, the Client will be liable to pay the difference in cost of the replacement artist, if there is one. If a replacement artist is of lower value, the Artist will recalculate the Deposit applicable to that replacement artist. If the recalculated Deposit is lower than the original Deposit, the difference between the two will be credited against the deposit due on another booking made via the Artist in the following 24 months. 

v. Where the Artist finds a suitable replacement, but the Client refuses such replacement artist, all sums paid in advance on account of the Balance will be refunded but the Client will lose the Deposit. 

vi. The Client accepts that the Artist may not be able to source a replacement Artist at very short notice and, should this be the case, all other sums paid in advance on account of the Balance will be refunded but the Client will lose the Deposit. 

 

 

12. DISPUTE RESOLUTION 

12.1 

Notice of claim.  

The Client should contact the Artist in writing, using the details given in clause 1.4 above, in the event that it believes the Contract to have been breached by the other party. Such notice must be received by the Artist within 30 days of the Performance Date or, if later, within 3 months following the innocent party becoming aware, or ought reasonably to have become aware, of having the grounds for a claim. This notice must give reasonable detail as to the grounds for the claim and the likely quantum of any claim for damages. The parties acknowledge that any right to make a claim in respect of an alleged breach of the Contract will be lost if the notice periods in this clause 12.1 are not followed. 

12.2 

Disputes. 

The Artist will use its commercially reasonable endeavours to settle disputes without the need for either party to take legal action against each other. 

12.3 

Non-settled complaints.  

If the Artist cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties will be entitled to take further legal advice and pursue any course of action that they deem necessary. 

12.4 

No set-off or discount.  

The Client will not be entitled to set-off any discount it feels it is due against the payment of the Balance and must still pay the Balance in full when due. Failure to pay the Artist in accordance with this Contract will incur the charges outlined in clause 5.7 above. 

12.5 

Complaints in respect of an altered Contract.  

Any dispute between the Client and the Artist based on changes to the Contract/Performance that were agreed by both the Client and the Artist, but not confirmed in writing, will be dealt with between the Client and the Artist directly. 

 

13. MISCELLANEOUS 

13.1 

Entire agreement. These terms and conditions constitute the entire agreement between the parties in respect of the Performance at the Event, and supersedes any previous agreements, promises, assurances, representations and undertakings, whether written or oral, relating to its subject matter. No party will have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. 

13.2 

Transfers of the Contract.  

No party may transfer its rights and/or obligations under this Contract to any third party without the previous consent of the other parties. 

13.3 

Third party rights.  

Where specified in the Contract, no third party will have any rights to enforce any part of this Contract. 

13.4 

If a court finds part of this Contract illegal, the rest will continue in force. Each clause of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 

13.5 

A delay in enforcement does not prohibit later enforcement. If any part of this Contract is not immediately enforced on breach, that does not mean that the obligation has been waived, and it may still be enforced at a later date. For example, if the Client misses a payment and is not immediately chased for it but continues to receive services from  the Artist, it can still be required to make the payment at a later date. 

13.6 

Which laws apply to this Contract and where you may bring legal proceedings. This Contract is governed by English law and the parties agree that they can each bring legal proceedings in respect of the services in the English courts only.