Www.kidsentertainers.net



sue@0208 0128 127 / 07899 771 297TERMS AND CONDITIONS FOR PURCHASERS AND ARTISTSUpdated 11/3/2020Any booking, whether confirmed verbally, electronically or in writing, will be subject to a legally binding Agreement carrying the following Terms and Conditions:1Definitions“Agent” means Susannah’s People which also incorporates The Kids Entertainers Network and Kids On Set. Address 2 The Dunnings, Sandy Lane, West Hoathly RH19 4QQ“Artist” means the performer secured for the Engagement;“Purchaser” means any third party, individual, partnership, company or other organisation or entity which negotiates with the Agent with a view to procuring the services of the Artist in respect of an Engagement;“Artist Booking Form” means a booking document, describing the Artist Services;“Engagement” means the employment or use of the Artist by the Purchaser, or any third party to whom the Purchaser has introduced the Artist, on a permanent or short-term basis under any form of contract or relevant agreement;“Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;“Performance Fee” means the sums due to the Artist from the Agent in respect of an Engagement;“Agreement” means the contract between the Agent and the Artist for agency services incorporating these Terms and Conditions.2Understanding and AgreementIt is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the “Performance” listed herein. The Artist hereby agrees to provide the Purchaser with the “Performance” subject to all of the Terms and Conditions herein set forth.Additional Terms?Any variation to these Terms and Conditions must be agreed in writing by the Agent.The acceptance of an Engagement means acceptance and full agreement to these Terms and Conditions. Failure to read these terms and conditions does not relieve the Artist or the Purchaser of their obligations under the Agreement.Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled, by virtue of any statute, law or regulation.Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties.The Agent is acting in the capacity of an employment agency.This Agreement contains the sole and complete understanding of the Parties and may not be amended, supplemented, varied or discharged, except by an instrument in writing signed by both Parties.4Contract To BuyThe contract to buy (acquire our service) is complete by us sending you an invoice by email.5Deposits (for children’s parties and similar events)Deposits are required for private children’s parties and similar events. The agreed deposit payment is due upon receipt of the Agreement unless special circumstances are agreed between Susannah's People and the Purchaser. The deposit is non-refundable, except where the Booking has been cancelled by the Purchaser and subsequently the Artist has been offered and is able to take a replacement Booking from the Agent on the same date through the same or different Purchaser.CancellationsCancellation by the Artist:Cancellation by the Artist is not allowed for any reason except in circumstances covered by severe accident or illness, where the Artist is physically unable to attend the Engagement, or by Force Majeure. In such cases, on provision of reasonable proof, the Artist will not be held in breach of contract by the Agent or Purchaser.In such situations, the Agent will endeavour to find a suitable replacement Artist for the Engagement, unless instructed otherwise by the Purchaser.In the event that the Artist cancels the booking, the Artist agrees to inform Susannah's People immediately. The Agent agrees to inform the Purchaser of the cancellation and make all reasonable attempts to find a suitable replacement Artist of similar standard, style and value, at no extra cost to the Purchaser. Should a suitable replacement not be found, the Agent agrees to refund the Purchaser their booking fees already paid in advance, and the Artist agrees to reimburse all fees already paid upfront to the Agent. If no valid reason if given for the Artist cancelling the booking then the Artist agrees to reimburse the same amount to the Agent that the Purchaser has paid upfront to the Agent.There will be no refund given to the Purchaser against the booking fee already paid, and no administration charge will be made to the Artist if a replacement Artist of similar value can be arranged by Susannah's People and agreed by the Purchaser.If a replacement Artist is required last minute and the Purchaser is not happy to accept the replacement Artist, they must not allow the replacement Artist to perform. If the replacement Artist is allowed to perform, their full fee will be due.Cancellation by the Purchaser:In the event that the Purchaser cancels the Booking, the Purchaser agrees to inform Susannah's People immediately. Susannah's People agrees to inform the Artist of the cancellation immediately.i) Cancellation by the Purchaser more than 24 hours prior to the engagement will result in a cancellation charge of 50% of the total booking fee made payable to the Agent by the Purchaser.iii) Cancellation by the Purchaser less than 24 hours prior to the engagement will result in a cancellation charge of 100% of the total booking fee made payable to the Agent by the Purchaser.If a replacement Booking is found for the same Artist(s) at the same time and date as the cancelled booking, no cancellation fees will then be due unless the new Booking is of a lower value than the cancelled Booking in which case the Artist will be entitled to recover from the Purchaser the difference in value, excluding travel costs and expenses.If any fee which the Purchaser is due to pay prior to the event has not been received at least 5 working days before the event, the Artist has the right to cancel the Booking without penalty and the Purchaser will forfeit any other fees paid previously and remain liable for any cancellation fees due.Any payment outstanding from the Purchaser outside of these terms will be subject to a surcharge of 15% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Purchaser and will be legally enforceable.Cancellation fees are not applicable for private children’s parties where a deposit has been paid.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 Artist’s show as known to Susannah's People and as advertised to the Purchaser via promotional materials, profiles, pictures, videos, web page or verbal description etc. The Artist will make every effort to ensure their performance is outstanding, adhere to the Purchaser’s wishes within all reasonableness, be polite and courteous with the Purchaser, 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 Purchaser or a third party.?The Artist agrees that their fee is inclusive of all expenses (except those that have been agreed to by the Purchaser and will be invoiced post the event), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever.?The Artist will refrain from drinking alcohol before, during and after the performance at all times when the Purchaser 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 Purchaser, 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, Susannah's People, or the Purchaser.?The Artist at the time of agreeing to this Agreement shall not be under any Agreement to a third party that might preclude him/her from fulfilling the engagement.?The Artist shall be suitably and tidily dressed during their performance except with the consent of the Purchaser or where the wearing other attire is deemed to be a necessary part of their act. Male Artists shall be clean shaven or have a tidy maintained beard or moustache.?The Artist is not employed by Susannah's People 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 ?1,000,000 cover), DBS certificate if applicable, their own equipment insurance, vehicle insurance and for ensuring? the good working order and safety of their own equipment and to obtain all necessary insurances and certification. If the Artist does not have the required insurances they are under obligation to inform the Agent immediately. Any incidents or accidents occurring during the presence or performance of the Artist are solely the responsibility of the Artist and not of the Agent.DataSharing of Essential Data:The Purchaser gives the Agent permission to share purchasing data with the Artist(s) (i.e. essential information required to fulfil the Contract). Although Susannah’s People shares Purchaser data with the Artist in order that the Artist will use it solely for the fulfilment of the Contract, Susannah's People is not responsible for how the Artist uses such data.9Venue RestrictionsIt is the Purchaser’s responsibility to ensure their venue can accommodate the Artist and cancellation of the Booking or non-performance of the Artist due to venue restrictions will place the Purchaser liable for cancellation fees as detailed above.It is the Purchaser’s responsibility to ensure their venue can accommodate the Artist and cancellation of the Booking or non-performance of the Artist due to venue restrictions will place the Purchaser liable for cancellation fees as detailed above.10Changes On The DayWhere possible, changes to the Agreement schedule, which are unavoidable on the day of the event, should first be discussed and agreed with the Agent. Should this not be possible, changes are to be agreed between the Purchaser and the Artist prior to performance.If changes negotiated between the Purchaser and the Artist on the day of the event are agreed to incur additional costs to the Purchaser, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Susannah's People standard rate of commission.11 Delayed Event Schedules and Late Finish FeesIf due to the late running of or alterations to the event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in the Agreement, there will be no reduction in the Artist’s fee.If the event runs late and the Artist is asked and agrees to finish later than the finish time in the booking Agreement, and the Artist does not agree an additional surcharge, then the following standard ‘late finish’ fees will be charged:For children’s party entertainers: ?25 due per ? hour over run, payable on the day of the event by the Purchaser to the Artist in cash or by cheque. For specialist acts: please call usThe Artist has the right to refuse to finish later than the Contracted finish time without penalty.12Extended Performance FeesIf the event schedule is changed on the day and the Artist is required and agrees to perform for longer than the ‘Performance times’ agreed in the Agreement, and no additional surcharge is agreed by the Artist on the day of the event, the following standard ‘Extended performance fees’ will be charged:25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Purchaser to the Agent following the event.The Artist has the right to refuse to extend their performance times without penalty.13Re-engagement of The ArtistThe Purchaser agrees to negotiate all future Bookings of the Artist with Susannah's People and not with the Artist directly, for the period covering the issue date of this Agreement until 24 months after the event date on this Agreement.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 Susannah's People to the Purchaser, their guests, staff, venue or Contractors. If approached, the Artist must inform the person(s) concerned to contact Susannah's People.14Artist ExpensesIf the Purchaser agrees to cover additional expenses incurred by the Artist (such as taxis, food, rehearsal time, hotel, flights etc), the Artist must provide receipts and an invoice to the Agent within 28 days after the event.The Purchaser must reimburse all expenses to the Agent within 28 days of invoice.15Artist EquipmentIt is agreed by the Purchaser 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.16SecurityThe Purchaser shall guarantee proper security at all times to ensure the safety of the Artist, auxiliary personnel, instruments and all equipment, costumes and personal property during and after the performance. Particular security must be provided in the areas of the stage, dressing rooms and all exits and entrances to the auditorium and the remote mixing console. Security protection to commence upon the arrival of the Artist on the premises.17Recording, Reproduction or Transmission of PerformancePurchaser shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the Performance without prior written consent of the Artist.??18Controlling Authority?The Artist shall have the sole and exclusive control over the production and presentation of the Performance, including but not limited to the details, means, and methods of the performing personnel, and Artist shall have the sole right or may see fit to designate and change at any time the performing personnel.19Intellectual PropertyThe Parties acknowledge that the Artist shall perform its obligations under the terms of this Agreement as an independent contractor and not as an employee of Purchaser.? As such, all intellectual property rights, including copyrights, arising out of or deriving from the Performance shall be owned exclusively by the Artist.20Right to Likeness?Purchaser shall be entitled to advertise and promote the appearance of Artist at the Performance solely for the purpose of increasing the attendance at Performance.? Purchaser, however, may not use Artist’s name or likeness as an endorsement of any product or service nor in connection with any commercial tie-up without Artist’s prior written consent.21Responsibility For Children And Adult SupervisionIt is Susannah's People policy that Artists and all staff working for Susannah's People are not permitted to be left alone with any child (or children) at any time. It is therefore the Purchaser’s responsibility to ensure, at all times, that the child (or children) is supervised by a responsible adult, other than Susannah's People staff.22 IndemnityThe Artist undertakes to indemnify and keep fully indemnified the Agent at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Agent), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Artist of any of the Artist’s obligations, undertakings or warranties as set out within these Terms and Conditions.23 Force MajeureIn 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 Purchaser, then the Artist or Purchaser may cancel this booking without penalty other than loss of payment already made.24ComplaintsIf through their own fault the Artist is unable to fulfill part of the event schedule or breaks the terms of this Agreement and the Purchaser would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to Susannah's People no more than 30 days after the event. Full payment must still be made to the Artist as agreed in the Agreement. Withholding payment is illegal. Failure to pay the Artist within the terms of this Agreement will incur additional charges and may render the Purchaser subject to prosecution. Whilst Susannah's People cannot be held responsible for the actions or failures of either the Purchaser or Artist, we will make every effort to settle disputes without the need for either party to take legal action against each other. Once the Purchaser has made a written complaint, Susannah's People will contact the Artist to discuss the complaint and request a written statement detailing their version of events. Susannah's People will act as mediator between Purchaser and Artist in order to come to an amicable agreement over any refund or expense which may be due. If Susannah's People cannot settle the dispute to the mutual satisfaction of both Purchaser and Artist, both parties must settle the matter directly via their own legal representatives. Any dispute between the Purchaser and the Artist based on changes to the Agreement/performance that were agreed by both the Purchaser and the Artist, but not confirmed by Susannah's People in writing, must be settled between the Purchaser and the Artist directly. Susannah's People will not be able to mediate over these agreements or changes.25Term and Termination?Term.? This agreement shall stay in effect through and including the final engagement date as noted above.Termination.? In the event Purchaser refuses or neglects to provide any of the items or to perform any of its obligations herein stated, and/or fails to make any of the payments as provided herein, Artist shall have the right to refuse to perform this Agreement, shall retain any amounts paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. In addition, if, on or before Date of Performance, Purchaser has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of Purchaser fails or refuses to make such payment forthwith, Artist shall have the right to cancel this Agreement by notice to Purchaser to that effect, and to retain any amounts theretofore paid to Artist by Purchaser and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement.26Indemnification?Purchaser hereby indemnifies and holds Artist, as well as Artist’s respective agents, representatives, principals, employees, officers, and directors harmless from and against any loss, damage or expense, including reasonable attorney’s fees, incurred or suffered by or threatened against Artist or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person, firm, or corporation as a result of or in connection with Performance, which claim does not result from the active and willful negligence of the Artist.27Governing LawThis Agreement shall be governed by and subject to the laws the United Kingdom, or the country in which the Artist is required to work, without giving effect to any choice or conflict of law provision.?28Assignment/Transfer?Neither Artist nor Purchaser may assign or transfer this Agreement or any other rights or obligations hereunder without the mutual written consent of both the Artist and Purchaser and such assignment contains the complete understanding of the Parties respecting the subject matter hereof.? It is expressly understood and agreed that the Parties make no representations or agreements, oral or otherwise, outside the terms of this Agreement which add to, broader, vary, or conflict with the provisions hereof. Any purported outside representations or agreements have no force or effect upon the rights or duties of the Parties hereunder.? No term, provision, or condition of this agreement may be altered, amended, or added except upon the execution of a written agreement by the Parties hereto. Any notices provided for herein shall be in writing and shall be personally served or mailed to each Party at the addresses provided. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download