When you book me there are some terms and conditions that will apply.
If there's anything written below that you need me to explain further or you're unsure as to whether any of it is not acceptable to you, please let me know before adding your signature to your contract.
ACT – Seán Brady performing as a solo performer or along with other self employed musicians included in the duo or band line ups.
BOOKER – Any venue, individual, company or organisation responsible for hiring the ACT.
ENGAGEMENT – Any booking made between ‘booker’ and ‘act’ for the services of an ‘act’.
THE AGENT – Seán Brady.
This booking contract is negotiated between the ‘booker’ and the ‘act’.
I will negotiate and agree with you the terms on which my ‘act’ will perform any engagement(s) and draw up the agreement between you and the myself.
2. Confirming the booking:
A) ‘Confirmation’ will mean any electronic, written or verbal acceptance of this booking by both the ‘booker’ and the ‘act’.
B) All bookings are effective immediately upon ‘confirmation’.
C) Failure to sign or return a written contract is not acceptable as cancellation of the booking or acceptance of these terms.
Upon ‘confirmation’ of the booking, Seán Brady will issue a contract to the ‘booker’ for signature which must be returned within 72 hours.
Both the ‘booker’ & the ‘act’ may keep one copy of the contract for their own records. (Further copies are available on request) Alterations to contract: The agreed booking and or engagement fee(s) may be subject to alteration (in agreement with both the ‘booker’ and the ‘act’) if any details on the contract are changed. All changes to the contract must be agreed and arranged via Seán Brady in advance of the event.
4. Payment of fees: The agreed booking fee or deposit is due strictly within 7 working days of confirmation of the booking or sooner where necessary or required, for example: Where the booking is within 7 days. Deposit may be paid by BACS transfer, cheque, (as stated on your contract & invoice.) or in certain circumstances via credit card or debit card through PAYPAL. Unless otherwise agreed, the balance is payable to the ‘act’ in cash on the day of the event, or prior to, or on completion of the performance, as specified in the wording of the contract. If, in exceptional circumstances, any fee which the ‘booker’ has agreed to pay prior to the event has not been received at least 7 working days before the event, the ‘act’ has the right to cancel this booking without penalty and the ‘booker’ will forfeit any other fees paid previously, and remain liable for any cancellation fees due.
Cancellations: Cancellation by the ‘booker’: Cancellation by the ‘booker’ is not permitted for any reason other than circumstances covered by ‘force majeure’ . In the event that the ‘booker’ cancels the booking, the ‘booker’ agrees to inform Seán Brady immediately. In the event of cancellation of an engagement by the ‘booker’ the following fees will be payable:
Where the ‘booker’ cancels the event within two days of confirming the original booking, no fee will be payable and any booking fee or deposit already paid will be refunded 100% less 15% administration costs, unless the engagement is within seven workings days of the confirmation in which case the full fee will be payable and will result in loss of any booking fee or deposit paid.
Other than in circumstances stated above, where the ‘booker’ cancels 90 days or more prior to the date of the engagement, this will result in loss of any booking fee or deposit paid and up to 50% of the remaining balance.
Where the ‘booker’ cancels within 90 days prior to the date of the engagement, this will result in a loss of any booking fee or deposit paid and 100% of the remaining balance due.
Cancellation by the ‘act’ is not allowed for any reason except circumstances covered by ‘force majeure’. In the event that the ‘act’ cancels the booking, Seán Brady agrees to inform the ‘booker’ of the cancellation and make all reasonable attempts to find a suitable replacement ‘act’ of similar standard and style, at no extra cost to the ‘booker’.
Should a suitable replacement not be found, Seán Brady agrees to refund the ‘booker’ their deposit plus any other booking fees already paid in advance. Should the ‘act’ cancel a booking under circumstances not covered by ‘force majeure’.
There will be no refund given to the ‘booker’ against the booking deposit already paid, and no ‘administration charge’ will be made to the ‘act’, if a replacement ‘act’ of similar value can be arranged by Seán Brady and agreed by the ‘booker’. However, should a replacement ‘act’ charge a much lower fee, the ‘booker’ will be refunded a proportionate amount of their booking deposit and the replacement ‘act’ will be due their usual fee.
Where possible, the ‘booker’ and ‘act’ will be contacted to agree this in advance. If a replacement ‘act’ is required at short notice (within 24 hours) and the ‘booker’ will not accept the replacement act, they must not allow the replacement ‘act’ to perform. If the replacement ‘act’ is allowed to perform, their full fee will be due.
Failure by the ‘booker’ to pay the booking fee or deposit within the terms specified will result in ‘booker’ being in default of contract. The booking will be cancelled and the ‘booker’ will be bound by the cancellation clauses in part 5 of these terms and conditions.
7. Complaints: Should the ‘act’, through fault of their own, not fulfil part of the engagement schedule or break the terms of this contract and the ‘booker’ would like to claim a reduction on the ‘acts’ fee, a complaint must be made in writing to Seán Brady no more than 30 days after the event. Full payment must still be made to the ‘act’ as agreed in the contract. Withholding payment is illegal. Once a written complaint has been made by the ‘booker’ Seán Brady will contact the ‘booker’ to discuss the complaint and request a written statement detailing their version of events. If both parties cannot settle the dispute to the mutual satisfaction of both ‘booker’ and ‘act’, both parties must settle the matter directly via their own legal representatives. Any dispute between the ‘booker’ and ‘act’ that relates to changes to the terms that were originally agreed by both the ‘booker’ and the ‘act’, but not contained within this contract and not confirmed in writing, must be settled between the ‘booker’ and the ‘act’ directly.
Delays and extra engagement costs: If an engagement schedule is altered by the ‘booker’ and is not the fault of the ‘act’, resulting in the ‘act’ not being able to perform their contracted performance time within the schedule outlined in this contract, there will be no reduction in the ‘acts’ fee. If the engagement runs late and the ‘act’ agrees to finish later than the finish time in the booking contract, any extra fees must be negotiated and agreed by the ‘booker’ and ‘act’ and paid to the ‘act’ in cash or by cheque on the day. The ‘act’ is under no obligation to perform outside of their contracted times and shall be paid their contracted fee without penalty.
10. Rider – Special Conditions: This contract may, where appropriate, be subject to a ‘rider’ and where listed ‘special conditions’, containing the ‘acts’ requirements for food, accommodation, changing rooms, technical specifications, transport, etc (please see full ‘act rider’ and ‘special conditions’ on the front of this contract)
11. Expenses: If the ‘booker’ has agreed in the wording of this contract to cover additional expenses incurred by the ‘acts’ (i.e.: travel, food, hotel, flights) the ‘acts’ must provide receipts and an invoice to the ‘client’ within 30 days after the event. The ‘booker’ must reimburse all expenses to the ‘acts’ within 7 days of invoice.
Act performance and behaviour guarantee: The ‘act’ agrees to supply all equipment required to undertake this performance, unless the equipment has been contractually agreed to be supplied by the ‘booker’ or an appointed supplier. It is the ‘acts’ responsibility to ensure the safety and good working order of their own equipment, and to obtain all necessary insurances & certification to make such equipment fully compliant with all legal requirements. The ‘act’ agrees to provide a performance that is to the best of its ability. The ‘act’ will make every effort to ensure their performance is first class, comply with the ‘booker’s’ directions within due reason, be courteous, civil and polite with the booker, their staff, customers or guests and to be on their best behaviour at all times. The ‘act’ agrees that their fee is inclusive of all expenses (except where stated otherwise on the front of this contract), and includes any payments whatsoever due to other members of the ‘act’. The ‘act’ will refrain from excessive drinking and will not under any circumstances partake of any illegal drug use on the day of the event, before, during or after the performance at any time when the ‘booker’ or their customers or guests are present. The ‘act’ will not engage in anti-social, illegal or in any way that will reflect badly upon the ‘booker’ or themselves. The adjustment of the volume and sound level of any equipment shall be subject to the approval of the ‘booker’. The ‘act’ at the time of agreeing to or signing this contract undertakes that they are not tied to any contract to a third party that would prevent them from fulfilling the booking. The ‘act’ is self employed and fully responsible for their own TAX, VAT & National Insurance contributions. The ‘act’ accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover) their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
It is agreed by the ‘booker’ and the ‘act’ that the equipment and instruments of the ‘act’ are not available for use by other performers or persons except by specific permission of the ‘act’.
14. Force Majeure: In cases of ‘Force Majeure’ which shall be known as war, fire, death, illness and/or any other incapacity certified by a properly qualified medical practitioner or by an order of Government or local authority having jurisdiction in the matter, pandemic, accident, civil commotion, national calamity, changes in law, foreign government policy, or act of God, which is/are not attributable to any failure to take preventive action by the ‘act’ or ‘booker’, then the ‘act’ or ‘booker’, may cancel this booking without penalty. The booker may use the original deposit against a booking for a later date for an indefinite period.
Under Force Majeure the booker may also request a refund of their deposit.
To comply with an ‘acts’ public liability insurance terms and conditions and to adhere to legal and obvious health and safety issues, it is the responsibilty of the ‘booker’ to ensure that the venue provides a safe setting up and performance area for the ‘act’. This requires a safe distance and separation between the peformance area/stage and performer(s) that does not involve potential infringement by guests within their workspace or close proximity to their equipment or instruments, thereby protecting both performers and guests from possible injury.
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