HOWBOY
COWBOY
Silly the Spaceman
Patch the Pirate
Terms and Conditions
- Definitions
(i)
In these
terms and conditions:-
“Artiste”
means the person providing the Services hereunder and
specified as such on any agreement, contract or booking form.
“Client”
means the person or
body of persons responsible for the engagement of the Artiste.
“Contract”
means the engagement by the Client for the provision of the Services on
and subject to the Terms and Conditions.
“Fee”
means the total sum
in Sterling set out on the Contract for the provision of the Services in
accordance with Clause 3.iii
“Performance”
means the time or times for performance by the Artiste
dates”
as specified on the Contract or such other times notified to the Artiste
by the Client in accordance with Clause 3.iii
“Venue”
means the location at which the Artiste is required to perform the
Services and specifified as such on the Contract or any other location notified
to the Artiste by the Client
“Services”
means the Services specified on the Contract to be provided by the
Artiste at the Venue on the Performance Dates
“Terms
and
means the standard terms and conditions set out herein.
Conditions”
(ii)
The
masculine gender shall include the feminie and neuter and the singular shall
include the plural and vice versa.
- Engagement
(i)
The
Client engages the Artiste and the Artiste agrees to provide the Services
hereunder subject to and on the Terms and Conditions
(ii)
No other
agreement, representation or promise of any kind (except in accordance with the
terms hereof)
shall form part of, alter, vary, amend, supercede or operate as a waiver
of the Terms and Conditions or any of them unless expressly made or accepted by
both parties.
(iii)
The
Artiste warrants that at the time of confirming the booking he is not under any
Contract to any third party that might preclude him from performaing or may
adversely affect or prejudice his performance of the Services and that he will
not subsequently enter into any such Contract and that he has not concealed any
change of professional name or description.
- Performance
(i)
The
Artiste shall perform the Services a the Venue on the Performance Dates.
(ii)
The
Artiste further agrees to rehearse or prepare in advance for the Services, and
will negotiate rehearsal times pro rata if required by the Client
(iii)
The
Artiste agrees to perform at such times and venues (subject to availability) as
the Client may direct but the Client acknowledges that it shall pay the Artiste
an additional amount equal to the pro rata hourly rate of the Fee based upon the
number of additional hours required to be worked by the Artiste.
- Payment
The Client shall pay the Fee in cash on the night of
performance, or, if agreed in advance at the time of booking, may pay by Cheque,
BACs, electronic transfer within 30 days of the performance.
- Obligations
of the Artiste
(i)
The
Artiste shall not infringe any copyright, patent, moral rights or other
propriety rights of any party and, in the event of any infringememnt shall
indemnify the Client from and against all damages, liabilities and costs
incurred by the Client in consequence thereof If the Artiste’s performance in
contrary to law or is objected to by any licensing or other public authority,
the Contract in respect of which the pbjection is made may be cancelled by the
Client unless the Artiste shall forthwith change his performance to remove the
illegality or objections.
(ii)
The
Artiste undertakes that:-
(a)
any equipment including (but not limited to) any portable electrical
appliances brought on to the Venue has a current portable appliances test
certificate and each appliance is labelled to show when the last test was
carried out and when the next test is due in accordance with the Health &
Safety at Work et.c Act 1974, Statutory Instrument 1989 No. 635, or has been
bought as a new item since the last annual test and
(b)
his performance shall not be dangerous to the Artiste, audience or
employees or volunteers at the Venue.
(c)
The Artiste hereby agrees to pay for all losses, damages and costs
incurred as a result of the Artistie breaching his undertaking set out in the
paragraph 5.ii and above and further agrees to indemnify the Client against all
such losses, damages and costs. The
Artiste further agrees that he will be responsible for the maintenance and
upkeep of any equipment as he shall have agreed to provide for use in his
performance.
(iii)
The
artiste will not smoke in any public view or in any area restricted by law, eat
or drink alcohol on stage.
(iv)
The
Artiste and his equipment shall have a neat and smart appearance at all times,
and the Artiste will conduct himself courtesously and in a professional manner
an in accordance with the rules of the Venue and will only frequent areas of the
Venue permitted by the proprietors of the Venue.
(v)
The
Artiste shall be responsible for and shall pay and discharge all taxes, National
Insurance contributions, Social Security contributions, Union or Equity
contributions and any other statutory payments which may be payable from time to
time by him.
(vi)
In the
event the Client deems it necessary to provide hotel accommodation to enable the
Artiste to properly perform the Services, the Artiste shall be responsible for
and shall discharge all room service and bar bills, telephone calls and any
other sundry charges or bills incurred by him at the hotel.
(vii)
The
Artiste will at all times hold a Public Liability Insurance Policy with cover of
£10million
(viii)
The
Artiste will hold a copy of an Enhanced CRB disclosure, and will also adhere to
any legal requirements in regard to laws and acts pertaining to working with
children.
- Sickness
In the event of the Artiste’s incapacity by reason
of illness or injury the following provisions shall apply:
(i)
The
Artiste shall notify the Client immediately and shall send a medical certificate
to the Client within three days setting forth the nature of the illness or
injury, if so requested by the Client.
(ii)
The
Client shall be entitled forthwith to terminate the Contract by written notice
to the Artiste:
(a)
should the Artiste fail to perform at the opening performance and/or for
two consecutive days of an engagement of not more than two weeks
(b)
should the Artiste fail to perform at the opening performance and/or for
three days within a period of seven days of an engagement lasting for more than
two weeks
(iii)
If the
Artiste informs the Client that he is unable to perform byy reason of illness or
injury, the Artiste shall if required by the Client, submit to examination by a
fully qualified medical practitioner nominated by the Client, the costs of such
examination being borne by the Client.
- Failure
of the Artiste and Cancellation by the Client
(i)
If the
Artiste shall, except through illness or injury (certified as aforesaid and not
self inflicted) fail to perform the Services at any Venue or shall breach any
provision of the Contract:-
(a)
the Client shall be entitled to terminate the Artiste’s engagement
forthwith subject to the Client paying the Artiste for performance given on a
pro rata basis; and
(b)
the Artiste shall indemnify the Client for all lossess claims and damages
suffered by the Client by reason of the Artiste’s breach of the Contract or
failure to perform the Services hereunder and the Client shall be entitled to
set off any sums due to the Artisute under Clause 7.i.a above agains any such
losses claims and damages.
(ii)
The
Client shall be entitled to terminate the Contract forthwith by serving written
notice on the Artiste and on payment to the Artiste of the appropriate
cancellation charge as follows:
Cancellation during engagement or within 8 days
of Performance – 100% of fee
Cancellation more than 8 days but less than 29 days before Performance – 50% of fee
Cancellation
more than 29 days before Performance - no fee
- Transfer
of Engagement
The Artiste may be transferred during the whole or
any part of the Contract to any venue owned by or controlled by the Client or he
shall act as a replacement at such venues in cases of emergency upon reasonable
request.
- Force
Majeure
The Client shall not be liable to the Artiste for any
delay or for failure to perform its obligations hereunder if the delay or
failure results from any of the following:
(i)
Outbreak
of hostilities, riot, civil disturbance, acts of terrorism, declared national
emergency or mourning.
(ii)
Fire,
explosion, flood within 24 hours of Performance times, otherwise cancellation
clauses apply.
(iii)
Any cause
or circumstance beyond the Company’s reasonable control, except bad weather.
- Limitations
of Liability
The Client does not exclude or restrict its liability
for death or personal injury to the extent it results from negligence of the
Client, its employees, volunteers or agents.
- Binding
Agreement
The Contract shall be made when the Artiste agrees to
perform at the Venue having received a verbal, written or otherwise confirmation
from the Client.
- Waiver
No forbearance or indulgence on the party of the
Client in enforcing these Terms and Conditions shall prejudice their rights
hereunder nor shall it be construed as a waiver thereof.
- Notices
Notices or other communications required to be given
by either party under these Terms and Conditions shall be in writing and
delivered personally or sent by prepaid first class registered post or by
electronic mail (confirmed by read mail receipt or reply). Any notice or
communication shall be deemed served immediately if delivered personally or by
electronic mail (subject to receipt), or two business days after posting within
the UK (7 business days elsewhere or by registered post).
- Governing
Law
(i)
The
Contract shall be governed in accordance with the laws of England to the
non-exclusive jurisdiction of whos courts the parties by their agreement hereto
shall irrevocably be deemed to have submitted.
(ii)
If the
Client commences legal proceeding to enforce any of these terms, the Artiste
hereby agrees that he will, if the clinet is successful in its enforcement, pay
the Clients legal costs and disbursement occasioned by such proceeding on a full
indemnity basis.