TERMS & CONDITIONS

Clause 1: Definitions

“Agent” means Tailored Entertainment Limited, 203 West Street, Fareham, Hampshire, PO16 0EN (Company Number: 07810054), who acts as negotiator between the Client and Artist as a booking agent. The Agent acts as an employment agency and is not a party to the resulting “Booking Contract” for the performance itself, save as an express third-party beneficiary entitled to enforce its rights, fees, and commissions under these Terms and Conditions. Therefore, the Agent does not accept responsibility or liability for the non-fulfilment or breach of any such Booking Contract by the Artist or the Client.

“Artist” means a solo individual Artist/performer or a band and all members of the act and their party.

“Booking Contract” means the contract between the Artist and the Client for the Artist to perform at a certain time, day, and place, incorporating these Terms and Conditions.

“Client” means the person, persons, or company that wishes to hire the Artist via the Agent to perform at their Event.

“Event” means the event at which the Artist is booked to perform via the Client.

Clause 2: The Booking Process

1. A Client will approach the Agent to book an Artist. The Agent will then make the necessary arrangements. Once a booking has been confirmed with the Client and Artist, whether verbally or in writing (email to suffice), both parties will be subject to a legally binding contract consisting of the Booking Contract and these Terms and Conditions herein. For the avoidance of doubt, non-return or non-completion of the Booking Contract from any party does not invalidate or terminate the Booking Contract.
2. Once the booking has been confirmed between the Client and the Artist either verbally or in writing (email to suffice), the Agent issues the Client a Booking Contract for signature. This should be checked, signed, and returned to the Agent within 7 days of receipt by the Client. Once signed by the Client, the Artist will then be issued the partially signed Booking Contract and he/she should also check, sign, and return it within 7 days upon receipt. Upon receipt of the signed Booking Contract by the Agent, both the Artist and Client will receive signed copies.
3. The Booking Contract may be modified with agreement from all parties concerned. However, alterations should be notified to the Agent, who will continue to act as negotiator in advance of the Event. Where necessary, the Booking Contract may be amended and reissued to all parties.

Clause 3: Payment of Booking Fees

1. The booking is secured by paying the booking deposit to the Agent. The booking deposit covers the Agent’s (and, where applicable, Artist management’s) initial consultation, planning, artist sourcing, contract preparation, and booking administration services. Payment of the booking deposit is due within 7 days of issue of the invoice, unless otherwise specified in the Booking Contract.
2. The Client must pay the remaining Final Balance of the booking fees (Total Booking Fee less the booking deposit) to the Agent or to the Artist Representative (as specified in the Booking Contract and invoice) no later than 28 days prior to the Event, unless otherwise specified in the Booking Contract:
   • Where the Final Balance is collected by the Agent: The Final Balance is held in the Agent’s designated Client Account and will be released to the Artist within 10 days following the Event.
   • Where the Final Balance is collected directly by the Artist: The Client must pay the Final Balance directly to the Artist Representative in accordance with the payment details specified in the Booking Contract or the Artist’s invoice.
3. If a payment due to the Artist or the Agent has not been received by either the Artist or the Agent (as applicable) within the specified time above, the Artist or Agent may terminate the Booking Contract without penalty. Additionally, the Client remains liable for the booking deposit and any applicable cancellation fees as outlined in Clause 7 below.
4. If the booking deposit has not been received within the allotted time of 7 days after issue of the Booking Contract and/or invoice, this is perceived as a material breach of contract and releases the Artist and the Agent from any liability and contractual ties. However, the Client will still be accountable for cancellation fees as specified in Clause 7 and also remain liable for the booking deposit.
5. If any payment due to the Artist or Agent has not been paid within 14 days of its due date (or within 14 days after the Event), the amount may be sought via legal processes or referred to a debt recovery agency by the Artist or Agent.
6. Where the Artist collects the Final Balance directly from the Client, the Agent is not responsible for the collection of those booking fees. Where the Agent collects the Final Balance into its Client Account on behalf of the Artist, the Agent is not liable to remit to the Artist any sums that have not first been received in cleared funds from the Client.

Clause 4: Client's Responsibilities

1. The Client must ensure that the performance venue is able to provide a safe source of power and that they can accommodate the performance of the Artist by possessing appropriate music and entertainment licences and no inhibiting noise limiters. For the avoidance of doubt, if non-performance or a below-par/curtailed performance by the Artist is due to venue restrictions, the Client will still be liable for the total booking payment fees.
2. The Client must ensure that the venue is able to provide a suitable performance area with appropriate space for the number of performers with flat, even flooring. Where the Event is outside or open air, the performance area must be under cover from above and three sides, be fully waterproof, and have appropriate floor covering.
3. The Client should ensure these performance requirements are investigated prior to the confirmation of any booking with the Agent and any relevant information disclosed to the Agent.
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 the Artist’s performance. Should no free parking be available, the Client is liable for any parking charges incurred and payment will be made to the Artist on the day of the Event.
5. It is also the Client's duty to ensure that the Artist is provided with adequate refreshments throughout their stay at the performance venue. The minimum requirement that must be made available to the Artist is a free unlimited supply of drinking water, as well as what is agreed and specified in the Artist 'rider'.
6. The Client must also ensure that there is a safe, secure area for the Artist to change in and store equipment and/or instrument cases. The area should be private and include chairs for the entire party and a safe source of power.
7. Unless given express permission, Artist equipment and instruments are not available for use by any other persons before, during, or after the Event.
8. If an Artist is subjected to aggressive or abusive behaviour and the Client does not remove the perpetrator, the Artist shall be allowed to terminate their performance immediately without penalty. The Client will still be liable for the total booking fees.
9. The required elements within this Clause 4 must be provided by the Client at their own expense and, if not supplied, may be considered a breach of contract. Provisions outlined in Clause 4 are negotiable between the Client and Artist via the Agent, but any modifications should be written into the Booking Contract specifically.

Clause 5: Artist's Responsibilities

1. The Artist will perform for the Client to the best of their ability at the Event.
2. Unless specifically outlined in the Booking Contract, the Artist should provide the relevant equipment in order to carry out the performance at the Event. The Artist is responsible for the good working order and safety of their own equipment. All the Artist’s equipment will be PAT tested annually. In addition, the Artist shall have Public Liability Insurance (to a minimum of £5,000,000 cover). The Artist is fully responsible for these matters. The fee outlined in the Booking Contract and provided to the Agent by the Artist is fully inclusive and not subject to change. In addition, the Artist is not employed by the Agent and is therefore responsible for their own accounting, tax, and legal contributions.
3. The Artist shall not drink alcohol excessively before, during, or after their performance at the Event. In addition, the Artist will not use illegal drugs on the day of the Event or at the venue itself in any capacity. 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.
4. The Artist must contact the Client directly before the Event in accordance with the timeframe detailed in the Booking Contract. This contact should be used to re-confirm the details in the Booking Contract and finalise details such as parking, dress code, refreshments, payment, and invoice matters.
5. 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 performance at the Event.

Clause 6: Complaints

1. 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 28 days after the 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 Client and Artist should seek legal advice. The Agent is not responsible for the Client or Artist and their failures, but will attempt to settle all disputes swiftly and satisfactorily. Complaints arising from arrangements made between the Client and the Artist without consultation of the Agent are the sole responsibility and liability of the Artist and Client and should be settled between the Client and the Artist exclusively.

Clause 7: Cancellations

1. The booking deposit covers the Agent’s (and, where applicable, Artist management’s) initial consultation, planning, artist sourcing, contract issue, and booking administration work. Cancellation by either party is not allowed except where Clause 10 applies or where the Client and Artist mutually agree to cancel the booking (evidence must be provided in writing, email to suffice, by both parties to the Agent). In either event, forfeiture of the booking deposit will result to cover the completed booking and cancellation administration, save only where the Artist cancels and no suitable replacement is provided under Clause 7.3.
2. Both parties agree that in the event of a cancellation the Agent must be informed immediately.
3. Where an Artist cancels, the Agent will inform the Client as soon as possible and begin the process of sourcing a suitable alternative Artist. This work is undertaken at no additional cost to the Client. Whilst rare, on occasion an alternate Artist may not be available. In this instance, the Agent will refund the booking deposit payment made by the Client within 30 days of agreeing to refund the monies. Where 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 itself) and the Client is not prepared to accept the substitute Artist, then a refund of the booking deposit will be made to the Client within 30 days of agreeing to refund the monies.
4. If the Artist has cancelled for reasons not covered in Clause 10, the Client may pursue legal action against the Artist. In this instance, the Artist must also pay the Agent the equivalent of the Client’s booking deposit within 7 days as an administration fee. Additionally, the Artist must also reimburse the Client for any reasonable cost differences between the fee for their performance and any similar substitute artist arranged by the Agent or Client.
5. The Client acknowledges that professional event Artists take bookings up to 24 months in advance and turn away alternative enquiries once a date is secured. Where the Client has cancelled the booking for reasons other than those outlined in Clause 10 below, the booking deposit remains strictly non-refundable and, in addition, cancellation fees shall apply and the following will remain payable to the Artist:
   • Where cancellation occurs 90 days or more before the Event: 50% of the total remaining booking fee (Final Balance) is due to the Artist.
   • Where cancellation occurs between 61 and 89 days (inclusive) before the Event: 75% of the total remaining booking fee (Final Balance) will be due to the Artist.
   • Where cancellation occurs within 60 days or less of the Event: 100% of the total remaining booking fee (Final Balance) will be due to the Artist.
6. All Client cancellation fees must be paid directly to the Artist or Agent within 14 days of invoice. Where a Client cancels under Clause 7.5, the Artist and Agent will use reasonable endeavours to re-book the Artist for the Event date; should the Artist secure a replacement booking of equivalent value for that date, the Artist’s cancellation fee under Clause 7.5 shall be waived (or reduced pro-rata if re-booked at a lower fee), though the booking deposit remains non-refundable.
7. Where cancellation fees are not paid within 14 days of invoice, the Artist and/or the Agent may take legal action and may refer the amount to a debt recovery company. If referred to a debt collection company, the outstanding balance will be subject to the recovery company’s reasonable charges. These charges together with all other reasonable charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.

Clause 8: Performance Schedule Changes

1. Where it is not possible to amend the contract prior to the Event (e.g. on the day itself), changes should be agreed between the Artist and the Client in writing (email to suffice).
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. If the timings of the Event are overrunning due to no fault of the Artist, the Artist is under no obligation to finish later than the time specified in the Booking Contract and is still due the full booking payment.
4. If an Artist has been asked and agrees to perform for longer than the time outlined in the Booking Contract (i.e. extend a 45-minute performance to 60 minutes), 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 do so.

Clause 9: Use of Alternative Performers

1. On occasion, Artist line-ups may be subject to change and this may occur without notice unless the Artist is of significant celebrity.
2. Where applicable, wherever possible the Artist should utilise the band line-up as represented to the Agent and Client, unless the need arises to substitute a performer. The Artist will have a substitute known as a Deputy or ‘Dep’ performer on-call to cover all eventualities and reserves the right to use one or more Deps should the need arise. The Artist agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the Artist to the customary manner in which the Artist has portrayed themselves to the Agent and Client.
3. If a suitable ‘Dep’ performer is available, the Artist will utilise them rather than cancel the booking. A reduction or increase in the booking 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.

Clause 10: Force Majeure

1. No party shall be liable for any failure to perform its obligations where such failure is as a result of a Force Majeure event such as “Acts of God” (including but not limited to: fire, flood, earthquake, storm, hurricane, or other natural disaster), war, terrorist activities, epidemic, pandemic, civil commotion, order of Government or Local Authority prohibiting the Event, or the death, serious illness, accident, or other incapacity (certified by a properly qualified medical practitioner) of the Client, the Artist (or a key member of the Artist where a ‘Dep’ performer cannot reasonably be utilised under Clause 9), or an immediate family member of either party.
2. 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 (including exploring a mutually available rescheduled date where practical). If successfully proven, then the Artist cancellation fees outlined in Clause 7.5 shall be waived, whilst the booking deposit remains non-refundable in accordance with Clause 7.1 (save where the Force Majeure event affects the Artist and no substitute Artist can be provided under Clause 7.3).

Clause 11: Restrictions

1. A condition of these Terms and Conditions is that the Client may not approach or book the Artist directly for a period of 12 months from the date of the Client’s Event unless via the Agent.
2. In addition, whilst under contract the Artist agrees to refer all potential bookings and enquiries from the Client or the Event to the Agent. Where the Artist attempts to exclude or excludes the Agent from potential bookings or enquiries originating from the Client or the Event within 12 months of the Event, they shall be in breach of contract, be removed from the Agent’s artist roster, and remain liable for commission in full against any such bookings of the Artist.

Clause 12: Miscellaneous Provisions

1. Each party indemnifies the other party against any cost (including reasonable legal expenses), loss, damage, or liability suffered as a consequence of any breach of its obligations under this Agreement or the enforcement of this Agreement.
2. This Agreement can only be amended, supplemented, replaced, or novated in writing (including by email) agreed by the Client, the Artist, and the Agent.
3. The Agent and/or Artist shall be entitled to assign the benefit of this Agreement to any person, firm, or company provided that the Agent and/or Artist shall remain primarily liable for their obligations. The Client may not assign or transfer this Agreement without written approval from both the Agent and the Artist.
4. Each party acknowledges that it has not relied on any representation, warranty, or statement made by any other party, other than as set out in this Agreement.
5. The relationship between the Client and the Artist under this Agreement is that of independent contracting parties and does not form a joint venture, partnership, employment, trust, or agency between them.
6. Save for the Agent (Tailored Entertainment Limited), who may enforce any term of this Agreement conferring a benefit, fee, commission, or right upon the Agent pursuant to the Contracts (Rights of Third Parties) Act 1999, 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, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
7. 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.
8. Each party must do anything reasonably necessary (including executing agreements and documents) to give full effect to this Agreement.
9. Each party must pay its own legal expenses incurred in negotiating and executing this Agreement.
10. If these Terms and Conditions are inconsistent with any specific special conditions written on the Booking Contract, the Booking Contract prevails to the extent of the inconsistency. Together, the Booking Contract and these Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements in connection with the subject matter hereof.
11. This Agreement may be executed in any number of counterparts (including electronically). All counterparts together will be taken to constitute one instrument.
12. Any clause of this Agreement which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
13. This Agreement is governed by the laws of England & Wales. Each of the parties hereby submits to the exclusive jurisdiction of the courts of England & Wales.