Artist Booking Terms & Conditions

These Terms and Conditions determine the terms and conditions of the Purchaser booking the Artist in addition to the Deal Terms, collectively, the Agreement.

Term, Termination, Cancellation and Postponement of the Agreement

This Agreement shall stay in effect throughout and including the Date of Event, as noted in the Deal Terms.

Any and all payments due hereunder shall be cleared funds into the Agent bank account. Any failure to do so shall be a material breach of this Agreement in which case the Artist and/or Agent shall have the right to terminate this Agreement with immediate written notice (email to suffice), retain any sums received from the Purchaser  and have no further liability and obligation to the Purchaser  and the Purchaser  shall immediately reimburse any costs and/ or expenses incurred by the Artist in respect of the Event.

Cancelation or postponement of Performance:

The Purchaser may cancel or postpone the Performance as follows:

31 days or more before Date of Event:
If following confirmation of the Event, the Purchaser cancels or postpones with 31 days or more before the Date of Event, the Artist shall be entitled to receive 50% of the total Fee as a cancellation fee and the Artist and Agent shall have no further liability and obligation to the Purchaser and the Purchaser shall immediately reimburse any costs and/or expenses incurred by the Artist in respect of the Event. The Deposit  is non-refundable under any circumstance.

Within 30 days from Date of Event:
If following confirmation of the Event, the Purchaser cancels or postpones with 30 days or less before the Date of Event, the Artist shall be entitled to receive 100% of the total Fee as a cancellation fee and the Artist and Agent shall have no further liability and obligation to the Purchaser and the Purchaser shall immediately reimburse any costs and/or expenses incurred by the Artist in respect of the Event. The Deposit fee is non-refundable under any circumstance.

In the event Purchaser refuses or neglects to provide any of the items in the Additional Terms 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, Agent shall retain any amounts paid t by Purchaser, and Purchaser shall remain liable to Agent for the agreed Fee under this Agreement.

In addition, if, on or before Date of Event, Purchaser has failed, neglected, or refused to perform any contract with any other performer from Cyndeo Events Ltd for any other engagement, or if the financial standing or credit of Purchaser fails or refuses to make such payment forthwith, Artist and/or Agent shall have the right to terminate  this Agreement with immediate written notice (email to suffice) to Purchaser, , and to retain any amounts  paid  by Purchaser and Purchaser shall remain liable to Agent for the agreed full Fee under this Agreement.

A condition of this Agreement is that the Purchaser may not approach the Artist directly for a period of 12 months from the Date of Event unless via the Agent. Any attempt to do so it a material breach and Agent will seek legal compensation in addition to terminating all existing agreements with the Purchaser.

Force Majeure

The Artist shall not be liable to perform at the Event due to a Force Majeure, including but not limited to: if the Artist or any of its performing group and/or essential road crew is unable to perform as a result of illness or injury, detention, civil strife, strikes, labour disputes, epidemics, pandemics, local or national lockdown, an act or order of public authority, government or court, any act of God, adverse weather conditions and/or any causes beyond the Artist's reasonable control. In any such event the Artist will no longer be required to perform hereunder; the Fee shall remain payable in full and the Purchaser shall remain responsible for payment of and/or reimbursement of any and all costs incurred by Artist.

Security

The Purchaser shall guarantee the safety of the Artist at all times, as well as auxiliary personnel, instruments and all equipment, costumes and personal property from arrival to departure at the Venue. Particular security must be provided in the areas of the stage, dressing rooms and all exits and entrances to the performing area where deemed necessary by the Artist.

Any assaults on the Artist whether verbal or physical by the Purchaser’s staff, sub-contractors or members of the public at the Venue, will be taken very seriously and will jeopardize any future work with the Purchaser.

The Purchaser must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the Artist by possessing appropriate music and entertainment licenses, insurance (including a minimum of £5m public liability insurance), current PAT tested equipment and no inhibiting noise limiters. For the avoidance of doubt if non-performance or a below par performance by the Artist is due to venue restrictions, the Purchaser will still be liable for the total Fee.

Unless given express permission, Artist equipment and instruments are not available for use by any other persons before, during or after the Event.

Controlling Authority

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.

Intellectual Property

The 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. No recordings of the Artist whether visual or audio-visual may be used without the Artist’s prior written approval (email to suffice).

Right to Likeness

The Artist reserves the right to approve all artwork relating to the advertising and promotion of the Event. All artwork including, but not limited; to print media, social media and on websites must be sent to the Artist for prior written approval (email to suffice). Press releases and scripts for advertisements and promotions and/or co-promotions must be sent to the Artist for prior written approval (email to suffice). If the Artist becomes aware of the use of any unauthorized materials the Artist shall no longer be obliged to perform at the Event and/or shall be entitled to terminate this Agreement with immediate written notice (email to suffice), and retain any sums received from the Purchaser  and shall have no further liability or be subject to any obligations to the Purchaser r.

The Purchaser shall not announce, advertise and/or promote the Event prior to the later of this Agreement being fully executed by both parties and the Deposit being received by the Agent. Following the payment of the Deposit, the Purchaser shall be entitled to advertise and promote the Event in accordance with the terms of this Agreement at the Purchaser's sole cost and expense.

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 (email to suffice).

The Artist shall take legal action including cease and desist for any unauthorised use of Artist’s name or likeness without the Artist’s prior written approval (email to suffice).

Indemnification

Purchaser hereby indemnifies and holds Artist and Agent, as well as its respective agents, representatives, principals, employees, officers, and directors, harmless from and against any loss, damage or expense, including reasonable legal  fees, incurred or suffered by or threatened against Artist and/or Agent 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 the Performance, which claim is not the  result from the active and wilful negligence of the Artist.

Cyndeo Events Ltd acts only as Agent for the Artist and assumes no liability hereunder. It is agreed that neither the Artist nor the Purchaser  shall name or join Cyndeo Events Ltd or any of its officers, directors, principals, agents, employees and representatives as a party to any civil action or legal proceedings anywhere in the world, arising out of and/or in connection with and/or related to any acts of commission or omission pursuant to and/or in connection with this Agreement by either the Artist or the Purchaser.

No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement.

Governing Law

This Agreement shall be governed by the laws of England & Wales.  Each of the parties hereby submits to the exclusive jurisdiction of the English courts. Assignment/Transfer

The Purchaser may not assign or transfer this Agreement or any other rights or obligations hereunder without the mutual written consent of both the Artist and Agent  The Agent shall be entitled to assign the benefit of this Agreement to any person firm or company provided that Agent shall remain primarily liable for their obligations.

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 herein.

Any notices provided for herein shall be in writing and shall be personally served or mailed to each Party at the addresses provided above.

Complaints

In the event of a dispute or complaint from either party, the issue must be put in writing (email to suffice) and forwarded to the Agent within 14 days after the Date of Event. The Agent will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the Purchaser and Artist should seek legal advice. The Agent is not liable for the Purchaser or Artist and their failures, but will attempt to settle all disputes swiftly and satisfactorily. Complaints arising from arrangements made between the Purchaser and the Artist, but without consultation of the Agent, are the sole responsibility and liability of the Artist and Purchaser and should be settled between the Artist and the Purchaser exclusively.

Amendment to Agreement

This Agreement contains the sole and complete understanding of the Parties and may not be amended, supplemented, varied or discharged, except in writing signed by all  Parties.

The Purchaser acknowledges that Agent has the right to replace the Artist with another suitable artist from their roster  at any point where this is deemed necessary by Agent’s, as long as done with no additional charges to the Purchaser, with appropriate notice given, where possible.

Severance

If any clause of this Agreement becomes invalid, illegal or unenforceable, then that clause is either to be deleted or amended but the remainder of the clauses in this Agreement remain valid and enforceable.