TERMS & CONDITIONS
Once a booking has been confirmed VERBALLY, ELECTRONICALLY or in WRITING, the details will be subject to a legally binding contract consisting of the 'Booking Contract' and the following 'Terms and Conditions'. Therefore, the completion of the 'Booking Contract' confirms the details of the booking and does not in itself secure the engagement as this has already occurred. Consequently, non-return or non- completion of the 'Booking Contract' does not terminate the agreement.
The following definitions refer to the 'Booking Contract' and 'Terms and Conditions'. Knees Up is the 'agent', and acts as negotiator between the 'client' and the 'artist'. Therefore, the 'agent' acts as an employment agency and is not a party to the resulting 'Booking Contract' itself. Therefore, the 'agent' does not accept any responsibility for non-fulfilment or breach of any such contract.
2: The Booking Process
Once the booking has been confirmed between the 'client' and 'artist', the 'agent' issues the 'client' a 'Booking Contract' to be signed by both parties. This should be checked, signed and returned to the 'agent' within 5 working days. Similarly, the 'artist' shall then also be issued the 'Booking Contract' for signature and return within 5 working days. Upon receipt, both copies shall be filed by the 'agent' for a period of 2 years. The 'Booking Contract' may be modified by agreement from all parties and any alterations should be notified to the 'agent' who will continue to act as negotiator in advance of the event.
3: Payment of Booking Fees
The booking deposit (non-refundable) and 'Booking Contract' for signature are also due within 5 working days of issue and unless specified otherwise in the 'Booking Contract', the remaining balance should be paid to the 'artist' on the day of the event by cash or cheque (at the discretion of the 'artist'). If the booking deposit has not been received within 5 working days this may be perceived as a breach of contract and free the 'artist' from any contractual ties.
If the 'client' has agreed to cover additional costs (such as accommodation or flights) the artist must provide receipts and an invoice to the client within 60 days of the event. The client must then reimburse the 'artist' within 28 days of receiving the invoice.
5: Power and Performance Venue
The 'client' must ensure that the performance venue is able to provide a safe source of power, a safe performance are and that they possess appropriate live music licenses. The 'client' should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the 'agent'.
The 'client' must ensure that the 'artist' is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act.
The 'client' must ensure that the 'artist' is provided with adequate refreshments. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the act.
8: Changing Area
The 'client' must ensure that there is an adequate area for the 'artist' to change in and store equipment and / or instrument cases.
9: Artist Equipment
It is agreed by the 'client' and the 'artist' that the equipment and instruments of the 'artist' are not available for use by other performers or persons except by specific permission of the 'artist'.
Cancellation by either party is not allowed except where 'Clause 12: Force Majeure' applies. Both parties agree that in the event of a cancellation the 'agent' must be informed immediately.
Where the 'client' has cancelled the booking, the 'agent' agrees to inform the 'artist' without delay. If the 'client' has cancelled for reasons other than those outlined in 'Clause 12: Force Majeure' cancellation fees shall apply and are based on the following:
Where cancellation is made within 48 hours of confirmation no cancellation fee is applicable unless the event date is within the following 7 days.
Where cancellation is made after 48 hours of confirmation but 90 days or more from the event 50% of the booking fee is applicable. However, should the event be over 12 months away, cancellation shall only incur the loss of the booking deposit and no fees will be due to the 'artist'.
Where cancellation occurs within 90 days and up to 61 days before the event 75% of the booking fee will be applicable.
Where cancellation occurs within 60 days of the event 100% of the booking fee will be applicable.
All 'client' cancellation fees must be paid to the 'agent' within 14 days of cancellation.
Where an 'artist' cancels, the 'agent' will inform the 'client' immediately and begin sourcing a suitable alternative. This work is undertaken at no additional cost to the 'client'. In the unlikely event that an alternate act is not available the 'agent' will refund all payments made by the 'client' including the booking deposit. If the 'client' is not prepared to accept the substitute 'artist' they must not allow performance, or the full booking fee must be paid to the 'artist'.
If the 'artist' has cancelled for reasons not encompassed in 'Clause 12: Force Majeure', the 'client' may pursue legal action. In this instance, the 'artist' must also pay the 'agent' the equivalent of the 'clients' booking deposit within 7 days. Additionally, the 'artist' must also reimburse the 'client' for cost differences between the fee for their performance and any substitute 'artist' arranged by the 'agent'. Where the substitute 'artist' fee is the same as the original 'artist' fee no booking deposit will be refunded and no fee charged by the 'agent' to the 'artist'.
11: Performance Schedule Changes
Where it is not possible to amend the contract prior to the event changes should be agreed between the 'artist' and the 'client'.
If an 'artist' has been asked and agrees to perform later than the agreed finish time specified in the 'Booking Contract' a satisfactory additional surcharge should be agreed between both parties.
If an 'artist' has been asked and agrees to perform for longer than the time outlined in the 'Booking Contract', a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the 'artist' on the day of the event. However, the 'artist' is under no obligation to extend their performance should they not wish to.
12: Use of Alternative ('Deputy' or 'Dep') Performers
A 'dep' performer will mean a person or persons who stand in for one or more of the 'artists' standard group of performers should they be unable to perform due to prior commitments or illness.
The 'artist' will perform using their standard group of performers as advertised to the 'agent' and the 'client' unless otherwise agreed by the 'agent' and the 'client' in advance, or in cases of emergency. The 'artist' agrees that any 'dep' performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the 'dep' will have a good knowledge of the 'artists' repertoire, and represent the 'artist' to the same high standard that is known by the 'agent' and expected by the 'client'.
The 'artist' agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the 'artist' will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 12 below).
13: Force Majeure
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in 'Clause 9: Cancellations' shall be unenforceable.
14: Future Bookings
For a period of 12 months from the date of the event the 'client' must negotiate any additional bookings of the 'artist' with the 'agent'.
The 'artist' is prohibited from providing personal contact details to the 'client' or anybody else involved in any capacity with the event and they should instead refer any potential 'client' to the 'agent'. Where this does not occur, and the 'artist' attempts to exclude the 'agent', they shall be removed from the 'agents' roster and remain liable for commission against any successful future bookings.