UK Terms and Conditions
TERMS OF BUSINESS
1. Payment of Fees
Fees are payable as per the structure described under payment terms in the above agreement. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges detailed below in Clause 4 headed “Cancellation”. The booking fee for the artist is to remain confidential between client and Scarlett Entertainment & Management Ltd.
2. Non-availability of Artist
Scarlett Entertainment & Management Ltd enter into a contract with the Artist in good faith but should the artist be unable to fulfil the engagement for reasons of illness or you can either:
(a) Accept a replacement artist introduced by us or alternatively
(b) Ask us to refund all payments you have made to us.
Subject to Clause 10, we shall have no further liability to you.
3. Alternative Artist
If we cannot obtain the services of the chosen Artist Scarlett Entertainment & Management Ltd will offer you a replacement, and you can either accept or reject any replacement offered. If you do accept a replacement Artist you must confirm this to us in writing and any booking made by us will be on these terms and conditions.
4. Cancellation
(a) If you wish to cancel your booking you must send us Notice of Cancellation in writing by email or by recorded delivery post. Any cancellation will take effect on the day we receive your written instruction.
(b) If you fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by you.
(c) If you cancel the booking after the Artist has confirmed acceptance of the engagement, you will be liable to pay Scarlett Entertainment & Management Ltd a charge to compensate for any losses and expenses incurred as a result of the cancellation. The nearer the cancellation date is to the engagement date, the greater the charge will be. The sums payable are:
Time before engagement date Cancellation charge (as a % of total booking fee)
More than 90 days 50% 1- 90 days 100%
5. Force Majeure
(a)A "Force Majeure Event" is defined as one or more of the following causes which renders performance impossible, impracticable, or unsafe: death, illness of, or injury of Artists key personnel; theft, loss, destruction, or breakdown of equipment owned or leased by artist; fire; threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in, around, or near the Performance(s) venue; strike, lockout, or other forms of labor difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God; absence of power or other essential services; failure of technical facilities; failure or delay of transportation not within the artist's reasonable control; inclement weather; and/or any similar or dissimilar cause beyond artist or Scarlett Entertainments reasonable control.
(b)If a Force Majeure Event occurs, the parties' respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. Travel and accommodation already booked will also remain your burden and costs for this cannot be claimed back from the Scarlett Entertainment and Management Ltd t or the Artist
(c) Notwithstanding the foregoing, if Artist is ready and willing to perform, the client will pay Scarlett Entertainment and Management Ltd the full amount of the guarantee set forth in this Agreement.
(d)If the artists are unable to depart city of venue after the engagement set forth within this agreement due to flight cancellation, or flight unavailability caused by onsite delays in the artists performance schedule or failure to get to the city of Engagement airport on time due to local traffic or delays in client-provided ground transportation, the client shall be responsible for providing additional hotel accommodations and per diem allowances, in accordance with the terms and rates agreed upon in this contract. The artist shall make best efforts to depart city of venue as soon is reasonably possible in an effort to limit the client’s costs.
6. Interest
If the agreed fee or (in the event we agree an instalment arrangement with you) any instalments of the fee are not paid in full on the due date, and if any other payments are not made when due, we can (without prejudice to any other rights we may have under this Agreement) charge interest at the rate of 3% per annum above National Westminster Bank Base Rate from time to time and such interest will be calculated on the outstanding balance. This interest will continue to run both before and after any Judgment we may obtain in a Court. You will also be liable for any legal costs and expenses that we incur on an indemnity basis.
7. Copyright
All copyright and other intellectual property rights relating to the Artist’s performance and any material used by the Artist during the performance remain vested in the Artist. No electronic or other recordings of the Artist’s performance can be made without our prior consent. Where consent for recording is given copies of such recording must be supplied to Scarlett Entertainment & Management Ltd within a reasonable time after the engagement.
8. Technical Facilities
Technical facilities (other than those itemised in the particulars of the engagement or in an artists’ rider) must be of a professional standard, including sound, lighting, staging and where appropriate projection equipment and operators. If you fail to supply or provide the correct and/or appropriate equipment for the Artist to perform, you will provide us with a complete indemnity for any costs and/or expenses incurred. And if the Artist is unable to perform due to your failure to provide the correct and/or appropriate equipment you agree to accept full responsibility for any adverse consequences of any non-performance by the artist.
9. The Venue / Insurance
You will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. You have the responsibility to take out and maintain adequate public liability insurance and we reserve the right to request sight of any policy at any time prior to the performance. Failure to have insurance may be regarded by us as a cancellation by you giving rise to the consequences set out in Clause 4 above. You must also provide all technical and stage accessories that may be necessary to enable the Artist to carry out the performance.Client to ensure adequate access to the performance area and/or parking Space nearby for the duration of the performance at no charge. Client to be responsible for the adequate supervision of all guests and staff at the Venue and to be liable for any theft, loss or damage to any equipment caused by the guests, staff or couriers.
10. Limitations on our Liability
Our liability to you for the non-performance or improper performance of any obligations we may have is limited to the amount you have paid Scarlett Entertainment & Management Ltd for the performance but excluding any additional expenditure relating to any other ancillary cost.
11. Choice of Artist
(a) You acknowledge and agree that you have selected the artiste or (in the circumstances set out in Clauses 2 and 3) any replacement Artist.
(b) Where you require an Artist to perform to a particular brief, and the artist agrees, you are advised to provide notes and guidance for the artist. If you do not do this, the Artist will deliver the performance as he or she thinks appropriate and you will have no complaint in respect of the Artist’s choice of material.
(c) Where you do supply notes and guidance you warrant that such material is clear and intelligible and is not subject to any copyright or other intellectual property restriction. You agree to indemnify Scarlett Entertainment & Management Ltd or the Artist against any claim whether for damages costs or otherwise which may be caused as a result of any such material.
(d) Whilst Scarlett Entertainment & Management Ltd will give the Artist any material you supply or request, we cannot accept responsibility for any deviation from that material by the Artist.
(e) Scarlett Entertainment & Management Ltd cannot accept responsibility if the Artist does not carry out the performance in a manner which is satisfactory.
(f) It is agreed and understood that any future engagement of the Artist by the Client within twenty four calendar months shall be negotiated through Scarlett Entertainment & Management Ltd.
12. Disturbance during Performance
It is accepted that you the client are responsible for the actions of the audience/delegates. In the event of any disturbance eg (but not limited to) unreasonable background noise, throwing of missiles, failure of P.A. system, continual abuse under or not under the influence of alcohol the artiste is entitled to decrease their performance time. In this event the client will remain liable for the full artist’s fee.
13. Advertising and Marketing
You agree to only advertise and/or market the Artist/Event/Performance by first seeking our prior written agreement and/or approval from us. You acknowledge that you have no right to make any announcements, publicise, sell, manufacture, produce, give away or deal in any way, in any kind of marketing or advertising of the Artist or the Services otherwise, without our prior written consent. If you choose to advertise and/or market the Artist/Event/Performance without first seeking our prior written agreement and/or approval from us then you agree to provide us with a complete indemnity in respect of any potential claims by any third party for unlimited consequential losses and/or damages.
14. Bookings and Reservations
If you make the relevant and/or necessary booking arrangements for Artists for travel (including baggage and transfers) and accommodation then you will provide us with details of those bookings and/or reservations as soon as they are available and you will accept liability and provide us with a complete and full indemnity for any loss, liability or costs (including legal costs) incurred by us as a result of any act, omission or default by you or any third party engaged or instructed by you. If the ARTIST is unable to travel due to reasons of Force Majeure or you have booked flights without our prior approval, you will still be liable for all costs concerning the travel and accommodation aspects of the booking.
15. Notices
All notices under this Agreement shall be in writing and delivered to you or to us at our respective addresses specified in the Booking Agreement, by first class post, email, facsimile transmission or personal delivery. Notices by post shall be deemed and notices by facsimile and personal delivery shall be deemed to have been delivered within 24 hours of transmission or such personal delivery as applicable.
16. Applicable Law /V.A.T.
(a) This Agreement shall be governed by and construed in accordance with the laws of England and the parties to this Agreement agree to submit to the jurisdiction of the English courts. All sums mentioned in the Booking Agreement and the Terms and Conditions, unless otherwise stated, are exclusive of any Value Added Tax that may be payable.
17. Complaints
In the event of a dispute or complaint from either the Artist or the Client, any issue must be put in writing within 48 hours. The Agent will act as mediator and aim to reach an agreeable solution between both parties. Third party statements should be obtained where possible to back up any claim. If the matter cannot be resolved or an agreement reached, then both parties should seek legal advice.
18. Headings
Clause headings in these Terms and Conditions are inserted for convenience only and shall have no effect on the constructions of the booking Agreement.
