Terms & Conditions
If the performer fails to give 30 days notice in writing that they are unable to fulfill their contracted obligation, they will be liable to pay all costs incurred by the agency for this breach of contract. It is considered wholly unethical and in breach of this contract for the Artiste(s) to hand out personalised business cards to the Venue or any other persons in attendance or to make available personalised contact details etc whilst performing on behalf of Choice Entertainment. It is a breach of contract for the artiste to work at the contracted above venue within a 12 month period following the contracted date unless through Choice Entertainment.
Performer Terms and Conditions
Choice Entertainment has made every effort to word these terms and conditions in plain English, with clarification of various clauses where deemed necessary. If you do not understand any part of these terms, please call us to clarify, or seek legal advice before you agree to them. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:
1. Definitions
This booking contract is negotiated by Choice Entertainment (the agent) between the client and the artist. In this respect, Choice Entertainment acts as an employment agency in issuing this contract and cannot be held responsible for non-fulfillment of bookings or non-payment of fees.
2. Confirming the booking
Confirmation: i) 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'artist'. ii) All bookings take effect immediately upon 'confirmation'. ii) Non-signature or non-return of the contract is not sufficient to cancel the booking or acceptance of these terms. Choice Entertainment will store the signed contract(s) for safekeeping (copies available on request) and will act as the agent negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
3. Changes to contract
The agreed booking fees may be subject to change (in agreement with both the 'client' and the 'artist') if any details on the contract are altered. All changes to the contract must be arranged & agreed by Choice Entertainment in advance of the event.
4. Cancellations
In the event that the client cancels the booking, the client agrees to inform Choice Entertainment immediately. Choice Entertainment agrees to inform the artist of the cancellation immediately. i) Cancellation by the client within 30 days of the event will result in 100% of the fee will be payable by the client to the artist within 14 working days. Choice Entertainment will make every effort to facilitate and assist the artiste in the payment of the fees. However, Choice Entertainment is not responsible for the payment of these fees and cannot be held legally responsible for any cancellation fees. Cancellation by the artist: Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (see clause .) In the unlikely event that the artist cancels the booking, the artist agrees to inform Choice Entertainment immediately and must be responsible for communicating this directly to a member of The Choice Entertainment Senior Management Team (verbally). Facebook direct messages, texts, emails, voicemails or similar are NOT acceptable methods of communication. Should the artist cancel a booking under circumstances not covered by 'force majeure' (see clause 18) the client may pursue unlimited damages from the artist as they see fit. The artist also agrees to pay Choice Entertainment an administration fee equal to the commission due on the booking and this must be paid to Choice Entertainment within 7 working days. The 'artist' is also financially responsible to refund the 'client' any difference between the original booking fee and the fee charged by any replacement artist arranged for the client by Choice Entertainment. For example, if the artist is booked for £100.00 and the replacement act is £150.00 cost then the cancelling artist is responsible to pay the £50.00 shortfall plus the Choice Entertainment Administration Fee. Choice Entertainment will make every effort to communicate these fees effectively with all parties involved prior to the event.
5. Complaints
If through their own fault the artist is unable to fulfill part of the event schedule or breaks the terms of this contract and the client would like to claim a reduction on the artists fee, Choice Entertainment will contact the 'artist' to discuss the complaint and request a written statement detailing their version of events. Choice Entertainment will act as a mediator between 'client' and 'artist' in order to come to an amicable agreement over any refund or expense which may be due. If Choice Entertainment cannot settle the dispute to the mutual satisfaction of both 'client' and 'artist', both parties must settle the matter directly via their own legal representatives. 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 by Choice Entertainment in writing, must be settled between the client and the artist directly. Choice Entertainment will not be able to mediate over these changes.
6. Re-engagement of the artist
The artist agrees to negotiate all future bookings from the Client with Choice Entertainment and not with the Client directly, for the period covering the issue date of this contract until 12 months after the event date on this contract. The artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Choice Entertainment, to the client, their guests, staff, venue, contractors or ancillary business interests. This includes but is not limited to the provision of additional peripheral services provided by the artist. If approached by any of the aforementioned, the artist MUST inform the person/s concerned to contact Choice Entertainment in order to make another booking. Any other action will contravene the terms of this contract and if you are found to have done this you will cease to be used by Choice Entertainment in the future, the artist will also forfeit any bookings already confirmed or contracted. Any works undertaken in contravention of this section will result in all commission from these works being owed to Choice Entertainment and all future and existing bookings could be jeopardized and result in cancellations as a direct result of this breach.
7. Artist service guarantee
The artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the artists show, as known to Choice Entertainment and as advertised to the client via distribution of the artists demo, CDs, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors. The artist agrees to provide all equipment required to undertake this 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 & safety of their own equipment and to obtain all necessary insurances & certification. The artist agrees that their fee is inclusive of all expenses (except those that have been itemized or accounted for separately on the front of this contract), including holiday entitlements, traveling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the act. The artist will refrain from drinking alcohol before, during and after the performance at all times when the client or their guests are present. The artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event 'venue', or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists. The artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, Choice Entertainment, or the client. The artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement. The artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address. The artist must inform the person/s concerned to contact Choice Entertainment. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Choice Entertainment and could be subject to further legal action and financial penalties. The artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act. The artist is not employed by Choice Entertainment and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions. The 'artist' accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £5m cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
8. Artist Equipment
Choice Entertainment cannot be held responsible for damages to any persons or property caused by venue staff, third parties, attendees etc.
9. Force Majeure
In cases of Force Majeure (which shall be known as war, fire, death, illness or other capacity 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, act of God), which are not attributable to any act or failure to take preventive action by the artist or client, then the artist or client may cancel this booking without penalty other than loss of deposit.
10. Flights / Flybacks
When a performer is engaged on an international booking requiring travel using a Passport they must ensure that all documentation and relevant Visas are valid and up to date. Choice Entertainment will not be held responsible for any discrepancies of this kind. The performer must also agree to conduct themselves in a professional manner for the entire duration of the booking and must at all times maintain the best interests of the Agency and its representatives. Failure to do so could result in legal action against the performer and could jeopardize any future work. The performer should also make every endeavour to follow strict travel itineraries as provided by the Agency. Any failure to meet specific travel requirements (such as flight times or gate departures) is entirely the responsibility of the performer and Choice Entertainment cannot be held liable for any additional fees incurred by the performer for missed flight connections or delays.
11. Payments Of Commissions
All cash collect commissions are to be paid directly to Choice Entertainment no later than 14-days following the performance date. Any BACS payments should be made with the Performers Name as the reference in order to match them on our bank account system. Failure to pay commissions efficiently may result in the cancellation of ongoing work and may lead to future legal action to recover any outstanding monies as well as any relevant legal fees.
12. Right To Contra
Choice Entertainment reserves the right to contra any outstanding commission owed by the performer against any forthcoming payments owed to the performer before it is paid. These will be deducted at source and full details of the contra payment will be made to the performer by way of an email.
13. Lateness / Vehicle Breakdown
In the unlikely event that a performer is running late for their pre-determined arrival time at a given venue, they must make every endeavor to contact the venue concerned directly as well as notifying a member of the Choice Entertainment Booking Team in person (again Facebook Messenger/text or similar will not be acceptable). If a performer breaks down en-route to booking the priority must always be for the performer to carry out their contractual duties and do the booking they have been engaged for. If this means being recovered to the venue by a breakdown organization and then a subsequent collection of vehicle arrangements can be made once the performance has taken place, then this is what is to be expected.
14. Communication Of Leaving Process
In the highly unlikely event that a performer feels that they are unable to perform for whatever reason (security, logistics etc) they MUST contact a member of the Choice Entertainment Booking Team in person BEFORE they leave the venue. Failure to do so will be deemed as a breach of contract and may result in legal recourse and may also jeopardize any future bookings with the Agency.