Terms of Business as of 1st September 2015

If you do not understand any part of these ' Terms and Conditions' please contact Charm Music Agency or seek legal advice prior to confirmation and booking.

Definitions

'The Booking Contract' - A contract confirmation along with these 'Terms and conditions' specifying the details of a booking that has been made through the 'Agent'' The Agent - Charm Music Agency 'The Client' - The person named in this 'Booking Contract' who will be personally liable of any fees payable and bound to the following Terms and conditions ''The Artist' - Any individual or group of persons or business entity or any colourable imitations named in this contract.

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING with the 'client' and the 'artist' will be subject to a legally binding contract carrying the following non-negotiable 'Terms and Conditions' of booking. Non-return or non-completion of the ‘Booking Contract’ does not terminate the agreement.

General Terms of  Business

1. This 'Booking Contract' is negotiated by the 'Agent' Charm Music Agency and is made between the 'Client' and the 'Artist'. In this respect, the 'Agent' is acting as an employment agency in issuing this contract and shall not be held responsible for any breach of this contract howsoever caused, however, every reasonable safeguard is assured.
2. All parties agree that the 'Agent' cannot be held responsible for non-fulfillment of bookings or non-payment of fees and are not held responsible for any losses or damages resulting from any contract made by either party, however, every reasonable safeguard is assured.
3. Non-return or non-completion of the ‘Booking Contract’ does not terminate the agreement.

Booking Process

1. Once any verbal, written or electronic confirmation of a booking has been received with the 'Client' then the booking is said to be legally binding and confirmed with the 'Artist' . Upon confirmation a 'Booking Contract' confirming any specific details will be issued to the 'Client' for signature and must be returned within 7 days. A copy of the 'Booking Contract' will then be forwarded to the 'Artist' to be signed and returned within 7 days. All parties must keep a copy of the contract for their personal records. The 'Agent' shall also file a copy for their records.
2. All bookings take effect immediately upon 'Confirmation'
3. 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'Client' and the 'Artist'.
4. Non-signature/non-return of 'Booking Contract' is not sufficient to cancel the booking of these terms.
5. Any changes to the ‘Booking Contract’ must be arranged and agreed by the 'Agent' in advance of the performance with agreement from all parties concerned. Where necessary the ‘Booking Contract’ may be re-issued. The 'Agent' will continue to act as negotiator until the day of the event. 

Payment of Booking Fees and Artist Fees

1. The Booking Fee is a non-refundable pre-payment fee which is payable by the 'Client' to the 'Agent' on confirmation of the booking. This is due strictly within 7 days of issue of the contract unless specified in the 'Booking Contract' by debit/credit card or bank transfer (BACS) and is non- refundable in all circumstances.
2. The 'Artist' fee shall be paid to the 'Artist' on the day prior to their performance in cash or bank transfer (BACS) payments of the balance maybe acceptable ( at least 14 days prior to the date of the event) if agreed by all parties in advance and outlined in the 'Booking Contract'.
3. Alternatively, the 'Client' may pay the 'Artist’ fee to the' Agent' at least 14 days prior to the date of the event by credit/debit card or bank transfer (BACS)  if agreed by all parties providing sufficient time is available to clear the funds prior to the event.
4. In the above case, the 'Agent' will forward on any 'Artist' fee to the 'Artist' on the following working day of the event date, subject to the 'Artist' providing a suitable invoice.
5. If the 'Client' fails to pay the Booking Fee within the stated period (7 days) the 'Agent' and 'Artist' each have the option of treating the failure as a cancellation by the 'Client' and free the 'Artist' from all contractual obligations. However, the 'Client' will still be bound by Clause 5 of the cancellation fees of these 'Terms & Conditions' and any payments due under Clause 5 of the cancellation fees will still be payable to the 'Agent' and 'Artist'.
6. The booking fee, 'Artist' fee or both maybe subject to V.A.T. at the current rate, if so, this will be detailed within the 'Booking Contract' and any accompanying invoices. Full payment details and any variation in the above terms will be advised within the 'Booking Contract'.
7. The 'Agent' reserves the right to charge a surcharge for credit/debit card payments.
8. Due to the cost of processing card payments the following charges apply: major credit cards are subject to a handling charge of 2%, There is no charge for debit card payment.
9. The agreed booking fees may be subject to change (in agreement with both the 'Client' and the 'Artist'. If any details on the 'Booking Contract' are altered. All changes to the 'Booking Contract' must be arranged & agreed by the 'Agent' in advance of the event. and initialled by both parties in advance of the event.

Late Payment

1.  Late payment of deposit:- All deposits are non-refundable. Failure by the ‘Client’ to pay the booking deposit within the terms specified will result in ‘Client’ being in default of contract. The 'Booking Contract' will be cancelled and the ‘Client’ will be bound by the cancellation clauses in part 5 of these Terms and Conditions.
2. Late payment of balance:- Failure by the ‘Client’ to pay the ‘Artist’ or 'Agent' within the terms specified will result in late payment fees for every 5 working days the payment is late.(equal to 10% of the total rolling balance due) and being added to the outstanding balance until paid. This will be payable by the ‘Client’ to the ‘Artist’ or 'Agent' as specified under the 'special stipulations' within the 'contract'.

 Cancellations

Cancellation by 'client':-

1. All cancellations must be made in writing to the 'Agent'.
2. The 'Client' shall have the right to terminate this 'Booking Contract' only in the case of a Force Majeure Event (as defined below) provided that the 'Client' informs the 'Agent' as soon as reasonably practicable on becoming aware of the Force Majeure event.
3. If the 'Client' shall at any time cancel the 'Booking Contract' within 90 days or more from the date of the event cancel the engagement and have given notice in writing to the 'Artist' of such cancellation accompanied by payment of a sum equal to 50% of the fee by way of liquidated damages the 'Artist' shall have no further claim against the 'Client' under this 'booking contract'.
4. If the 'Client' shall at any time cancel the 'Booking Contract' within 90 days and up to 65 days or more from the date of the event and have given notice in writing to the 'Artist' of such cancellation accompanied by payment of a sum equal to 75% of the fee by way of liquidated damages the 'Artist' shall have no further claim against the 'Client' under this 'booking contract'.
5. If the 'Client' shall cancel the 'Booking Contract' within 64 days or less before the date of the event the 'Artist' shall be entitled to recover full damages for their loss from the 'Client' unless the 'Client' shall thereupon have paid to the 'Artist' a sum equal to 100% of the Fee by way of liquidated damages the 'Artist' shall have no further claim against the 'Client' under this 'Booking Contract'.
6. All cancellation fees will be made payable by the 'Client' direct to the 'Agent' within 7 days of the cancellation notice.
7. The 'Agent' will forward cancellation fees to the 'Artist' within 7 days of receipt of these fees from the 'Client' on receipt of a valid invoice.
8. Any cancellation fees paid to the 'Agent' on behalf of the 'Artist' fee will be subject to V.A.T. at the current rate.
9. The 'Agent' reserves the right to charge a surcharge for credit/debit card payments.
10. Due to the cost of processing card payments the following charges apply: major credit cards are subject to a handling charge of 2%, There is no charge for debit card payment.
11. Where cancellation fees are not paid within 14 days the ‘Artist’ may take legal action or the ‘Agent’ may refer the amount to the debt recovery company. If referred, the outstanding balance will be subject to the recovery company’s charges of 15% plus VAT on the total amount due. These charges together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.

 Cancellation by 'artist': -

1. Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (See below)
2. In the unlikely event cancellation or non-appearance by the 'Artist' of the 'Booking Contract', the ‘Artist’ agrees to inform the 'Agent' immediately. The 'Agent' agrees to inform the ‘Client’ of the cancellation and will make all reasonable attempts to find a suitable replacement 'Artist' of similar standard and style, at no extra cost to the ‘Client’
3.  On rare occasions an alternate act may not be available. In this instance the ‘Agent’ will reimburse the booking deposit payment made by the ‘Client’. When time allows and the ‘Client’ has agreed on an alternate 'Artist', the ‘Booking Contract’ shall be re-issued to reflect this. Where time does not allow (for example, on the day of the event ) and 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’.
4. There will be no refund given to the 'Client' against the booking deposit already paid, and no ‘administration charge’ will be made to the 'Artist', if a replacement 'Artist' of similar value can be arranged by the 'Agent' and agreed by the ‘Client’. However, should a replacement 'Artist' charge a much lower fee, the 'Client' will be refunded a proportionate amount of their booking deposit and the replacement 'Artist' will be due their usual fee. Where possible, the 'Client' and 'Artist' will be contacted to agree this in advance.
5. If the ‘Artist’ has cancelled for reasons not covered in Force Majeure’, (see below) 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 as an administrative fee. Additionally, the ‘Artist’ must also reimburse the ‘Client’ for any costs between the fee for their performance and any substitute ‘Artist’ arranged by the ‘Agent’.
6. No payment shall be made by the 'Agent' to the 'Client' for any direct or consequential financial loss incurred as a result of the failure of the 'Artist' to perform
7. The 'Agent' does not refund bank charges or other transaction charges incurred during any part of the booking process to any party under any circumstances.

Force Majeure

1. In cases of Force Majeure (which shall be known as war, fire, death, serious illness or other capacity certified by a properly qualified medical practitioner, epidemic, strike, labour dispute, accident, civil commotion, national calamity, act of God) which are not attributable to any act or failure to take preventative action by the 'client' or the 'artist', then the 'client' or 'artist' may cancel this booking without penalty other than loss of the Booking Fee.
2. If any party wishes to bring force majeure into effect then they will have to prove it and justify that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in clause 5 will be unenforceable

Clients Responsibilities

1. It is the 'Client's' responsibility to ensure that the venue is able to provide a safe and appropriate working environment for the 'Artist'. A suitable performance area must be provided and any potential Health and Safety issues should be disclosed to the 'Agent' prior to the confirmation of any 'Booking Contract'.
2. Unless otherwise agreed, the 'Client' must provide an electrical supply meeting or exceeding British Standards within two metres of the performance area, where electrical equipment is to be used as part of a performance.
3. The 'Client' must inform the 'Agent' prior to confirming a 'Booking Contract' that the venue must be able of accommodate the 'Artist' performance in all respects,including possessing appropriate licenses and without the presence of inhibiting noise limiters.any noise limiters and/or restrictions that are placed on the 'Artist' by the venue (event location). Failure to do so may result in the 'Artist' being unable to perform and under these circumstances any payments due under clause 5 of the cancellation fees will still be payable to the 'Agent' and 'Artist'.
4. It is the responsibility of the ‘Client’ to ensure that the ‘Artist’ is provided with free parking facilities at the performance venue for all vehicles associated with their act. Should no free parking be available the ‘Client’ is liable for any parking charges incurred.
5. It is also the responsibility of the 'Client' to provide adequate refreshments for the 'Artist' throughout their stay at the performance venue. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks. Any other additional requirements that are specific to an 'Artist' will be stated within the 'Booking Contract'.
6. Where the 'Artist' is expected to wear stage clothing the 'Client' must provide adequate secure dressing room facilities, toilets are unacceptable.
7. If the 'Artist' is subjected to unruly or threatening behaviour the 'Client' must immediately have the perpetrators of such behaviour removed from the premises where the event is taking place. If the 'Client' fails to do so, the 'Artist' is entitled to terminate their performance immediately with no penalty and in such a situation the event will be treated as cancelled by the 'Client', with the provisions of clause 5 of the Cancellation Fees taking effect. 
8. The equipment and instruments of the 'Artist 'are not available for use by any other performers or persons except by specific permissions from the 'Artist'
9. All professional audio and video recording of the 'Artist' performances is strictly prohibited. Requests for permission to make recordings may be made to the 'Agent' in advance of the event but permission cannot be guaranteed and the 'Agent' reserves the right to charge additional fees in line with the 'Artist' current recording fees.
10. The ‘Client’ agrees to negotiate all future bookings of the ‘Artist’ with the 'Agent' and not with the ‘Artist’ directly, for the period covering the issue date of this contract until 24 months after the event date on this 'Booking Contract'.
11. The required elements within 'Client Responsibilities’ must be provided by the ‘Client’ at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in 'Client Responsibilities’ are negotiable between the ‘Client’ and ‘Artist’ via the ‘Agent’, but any modifications should be written into the ‘Booking Contract’ specifically.

Artist Responsibilities

1. It is the responsibility of the ‘Artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this 'Booking Contract'.
2. The ‘Artist’ will perform for the ‘Client’ to their highest standard and in the manner in which they have represented themselves to the ‘Agent’ via promotional material.
3. Unless specifically outlined in the ‘Booking Contract’, the ‘Artist’ should provide the relevant equipment in order to carry out the performance.
4. The ‘Artist’ is responsible for the good working order and safety of their own equipment unless the equipment has been contractually agreed to be provided by the 'Client' or a third party. The ‘Artist’ is fully responsible for having a valid PAT Test Certificate and Public Liability Insurance .
5. The ‘Artist’ should be aptly attired for their performance in line with agreements made with the ‘Client’ prior to the event, and they should remain courteous with the ‘Client’, guests and employees of the venue. The ‘Artist’ will not act in any manner that is deemed damaging to the reputation of themselves, the ‘Agent’, or the ‘Client’.
6. The ‘Artist’ must contact the ‘Client’ directly prior to the event in accordance with the time-frame detailed in the ‘Booking Contract’. This contact should be used to re-confirm the details in the ‘Booking Contract’ and finalise details such as timings, parking, dress code, refreshments, payment arrangements.
7. The ‘Artist’ shall not drink alcohol excessively before, during or after their performance. In addition, the ‘Artist’ will not use illegal drugs on the day of the event or at the venue itself in any capacity.
8. 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 the 'Agent', to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artist’ must inform the person/s concerned to contact the 'Agent'. Any other action will contravene the terms of this 'Booking Contract', and if the 'Artist' is found to have done so the 'Artist' will cease to be used by the 'Agent' and invoiced for commission against any resulting work accordingly.

Performance Schedule Changes

1. If the 'Artist' is unable to perform their full performance time within the time schedule outlined in the 'Booking Contract' due to alterations or over-running of the event schedule which are beyond their control, then the 'Artist' is under no obligation to finish later than the specified time stated within the 'Booking Contract' and will still be due their full fee.
2. 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. The extra payment agreed should be paid to the ‘Artist’ on the day of the event.
3. The 'Artist' has the right to refuse to extend their contracted  finish time without penalty.

Use of Alternative or (‘Deputy’ or ‘Dep’) Performers

1. A 'dep', or ‘deputy’, 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.
2. Wherever possible the ‘Artist’ should utilise the line-up as represented to the ‘Agent’ and ‘Client’ However, on occasion, band line-ups may be subject to change and this may occur without notice unless the band is of significant celebrity.
3. Nothing in this clause shall prevent the 'Artist' from using alternative performers where the 'Artist' has advertised that alternatives may be used or that it does not use a fixed line up rather than cancel the booking under the terms of force majeure.
4. The ‘Artist’ agrees that any ‘Dep’ performers utilised will have equivalent ability and professional competence as the performer who is to be replaced and represent the ‘Artist’ to the customary manner in which the ‘Artist’ has portrayed themselves to the ‘Agent’ and ‘Client’.
5. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the ‘Artist’ being replaced is of significant celebrity.

Income Tax/National Insurance

1. It is agreed and understood by all parties that under this 'Booking Contract' the 'Artist' is self-employed and therefore responsible for their own income tax/national insurance.

 Public Liability and Equipment Safety

1. The 'Artist' accepts full responsibility for maintaining their own public liability insurance (minimum of £1 million) and equipment safety documentation including P.A.T. testing certificates for all electrical equipment used at the event.

Expenses 

1.  If the 'Booking Contract' should include special stipulations containing the Artist's requirements for food, accommodation,technical specifications,flights,transfers etc, then the 'Client' shall meet such requirements at its own expense.
2. The 'Agent' will confirm any expenses which will be incurred with the 'Client' and the 'Artist' prior to the 'Booking Contract

Complaints

1. Whilst the 'Agent' cannot be held responsible for the actions or failures of either the 'Client' or 'Artist'. In the event of a complaint or dispute from either party, the issue must be put in writing to the 'Agent' within 7 days of the performance date. The 'Agent' will mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved then the 'Client' and the Artist' should seek independent legal advice. The 'Agent' cannot be held responsible for any failures of the 'Client' or the 'Artist' but will attempt to help in settling any disputes in a swift and satisfactory manner.
2. Full payment must still be made to the 'Artist' as agreed in the 'Booking contract'. The 'Client' shall not be entitled to off set any discount it feels fit it is due against the payment of the total cost. Failure to pay the 'Artist' within the terms of this 'Booking Contract' will incur charges outlined in clause 5 above in the cancellation fees.
3. Complaints or disputes arising from arrangements made between the ‘Client’ and the ‘Artist’ but without consultation of the ‘Agent’ should be settled between the ‘Client’ and the ‘Artist’ exclusively.

Artist Representation

1. Representation by the 'Agent' does not constitute employment with the 'Agent'. All contracts to hire whether written, verbal or electronic are direct contracts between the 'Artist' and the 'Client', not the 'Agent'. 
2. It is agreed and understood that the 'Agent' may be in turn dealing with proven suppliers, sub-contractors, managers or other agencies on behalf of the 'Client', and although every effort will be made to ensure that all services and supplies as contracted are provided, the 'Agent' cannot accept liability for non-appearance, non-delivery or breakdown of equipment that is beyond our control.
3. Any riders or other documents relating to the engagement attached hereto shall be deemed an integral part of this agreement.

Miscellaneous

The Contract represents the entire agreement of the parties. All other understandings and agreements are excluded. In no circumstances will the 'Agent 'be liable to the' Client' for expenses, wasted expenditure, loss of profit or damage to goodwill whether direct or indirect. These terms and conditions are integral with the contract details.