Mike Constantia Artiste Management Limited Term & Conditions

Interpretation:

In these Terms and Conditions the agency is referred to as Mike Constantia Artiste Management Limited, acting as negotiator between the hirer and the artiste.

The buyer of the artiste is referred to as the Client which is any individual or company making an enquiry or a booking for an artiste that the agency represents.

The Artiste which is any individual or group of persons or business entity being represented by the agency. The word Artiste shall, where appropriate, include the feminine and in multi-handed acts, the plural.

The booking contract is a contract specifying the details of a booking that has been made through the agency. The Performance  

 The performance being carried out by the artiste for the hirer as dated and specified in the booking contract.

Term:

All bookings are made upon and are subject to the following Terms and Conditions and no variation thereof will be accepted unless agreed in writing by Mike Constantia Artiste Management Limited.

1. General Terms of Business
   1. Under the UK employment legislation (The Conduct of Employment Agencies and Employment Businesses Regulations 2003) effective from 6th April 2004 we may require certain declarations from artistes and/or their management, or bookers on commencement of their business with us.
   2. Mike Constantia Artiste Management Limited operates as an “Employment Agency” under the terms of the legislation, representing artistes for the purposes of contracting them for temporary occasional work with clients as performers in the entertainment industry.
   3. By entering into any negotiation or agreement whether written, verbal or electronic for the booking of artistes or services through the agency all parties will agree to accept and abide by the specific terms and conditions of the booking contract and the terms and conditions as described herein. All parties agree that the agency cannot be held responsible for non-fulfilment of bookings or non-payment of fees and are not responsible for any losses or damages resulting from any contract made.
   4. Once a written or electronic confirmation of a booking is received then the booking is said to be legally binding and confirmed. 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 artiste to be signed and returned within 7 days. All parties may keep a copy of the contract for their personal records.
   5. Any changes to the booking contract must be arranged and agreed by the agency in advance of the performance. If changes are made on the day of the performance and are not possible to be arranged with the agency then any changes must be agreed between the client and the artiste prior to the performance. If any additional fees are agreed to incur then the artiste accepts full responsibility of collection from the client and is in agreement that these fees are subject to the commission rate set by the agency within the booking contract. These fees must be disclosed to the agency within 7 days of the performance and the commission due forwarded within a further 7 days thereafter.
   6. If one or more of the terms and conditions stated herein or within the booking contract is held by any competent authority to be invalid or unenforceable, the remainder of the terms shall still remain in force.
   7. All terms and conditions and booking contracts are deemed to have been made in England and are subject to English Law.
2. Artiste Representation
   1. Representation by the agency does not constitute employment with the agency. All contracts to hire whether written, verbal or electronic are direct contracts between the artiste and the client, not the agency.
   2. By entering into any agreement, whether written, verbal or electronic, for representation by the agency, the artiste gives permission for the agency to enter into transactions with third parties through the promotion of the artiste via print, verbal or electronic means at the agency’s cost for the term of the contract. The artiste allows the agency to replicate, alter or change any promotional materials that are made available to them in a view to promote both parties in the best possible light.
   3. The artiste gives permission for the agency to make money from any promotional materials that are made available to them.
   4. The artiste may leave the agency at any time as long as written notification is given to the agency, all outstanding bookings are complete and the terms and conditions stated herein are adhered to, including clause 11 in regards to future bookings. The contract may also be terminated by the agency if the artiste fails to adhere to the terms and conditions stated herein or within the booking contract.
   5. The agency reserves the right to terminate the contract at any time for any reason if they see fit to do so.
3. Method of Payments out lined within the confirmation/contract

Cash / Cheque payment on the day of performance

1. Cash/Cheque payment to the artiste on completion shall mean that payment must be made to the artiste on the day of the engagement on completion of performance.

Cheque settlement via the agency

2. Cheque settlement via the agency NPU (no pick up) shall mean that the client will pay the agreed fee to the agency within 7 days upon receipt of invoice following the/each engagement and the agency will then pay the agreed fee to the artiste (or there duly appointed representative) within 7 days of clearance of the cheque or bank transfer from the client.

Deposits & Final Payments for private function, parties & weddings

3. In most cases a 25% deposit will be required for Private Functions, Parties & Weddings together with a signed copy of the contract. The agreed booking deposit is due strictly within 7 days of receipt of the contract. The deposits are non-refundable. Unless otherwise stated in clause 4
4. The final balance of the total payment agreed within the booking contract, unless otherwise stated in writing within the booking contract, will be payable to the artiste in cash on the day of the performance. Cheque payment of the balance may be acceptable if agreed by all parties in advance and outlined in the booking contract.
5. Alternatively, the client may pay the artistes fee to the agency at least 28 days prior to the date of the performance by bank transfer (BACS) or by cheque if agreed by all parties providing sufficient time is available to clear the funds prior to the performance. Both the artiste and the agency reserve the right to refuse payment by cheque.
6. In the above case, the agency will forward on any artiste fee to the artiste on the following working day of the performance date, subject to the artiste providing a suitable invoice.
7. If the artiste fee has been agreed to be paid through the agency and has not been received within 28 days prior to the date of the performance then the agency and/or the artiste reserve the right to terminate the booking contract without penalty, with the client still remaining liable for cancellation fees as stated in clause 4.
8. The artistes fee 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.

4. Cancellation

By the Client:

1. Cancellation by the client is not allowed for any reason except circumstances covered by force majeure as described in clause 10.
2. In the event that the client cancels the booking, the client agrees to inform the agency immediately and the agency agrees to inform the artiste immediately.
3. If the client cancels a booking for reasons not covered by force majeure, as detailed in clause 10, then the following cancellation charges will apply;
   • If the client cancels within 48 hours of confirming the booking then there will be no charges, unless the performance date is within the forthcoming 7 days, in which case the full booking fee and artiste fee will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
   • If the client cancels after 48 hours and up to 90 days from the performance date then 50% of the remaining artiste fee will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
   • If the client cancels within 90 days and up to 61 days of the performance date then 75% of the remaining artiste fee will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
   • If the client cancels within 60 days of the performance date then 100% of the remaining artiste fee will be due, payable directly to the agency via bank transfer within 14 days of the cancellation.
4. All cancellation fees are to be paid directly to the agency for forwarding on to the artiste within 14 days of receipt, and are in addition to the non-refundable booking fee paid to the agency.
5. Providing that the client pays the artiste their full fee due outlined within the contract, subject to the artiste being ready, willing and able to do so, the client may, without giving any reason, prohibit the whole or part of the artistes performance or exclude the artiste from any or all performances as the client sees fit.
6. The agent and the artiste require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim.
7. In the event that an account is outstanding, the agency will refer the matter to the debt collection agents Daniels Silverman Limited, which will incur costs of 15% + VAT. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. The client agrees they are legally liable to pay the surcharge, and that payment of the same can be enforced against them in court. The client also agrees to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, where interest is payable both after and before any judgment of the court and continues to accrue.

By the Artist:

8. Cancellation by the artiste is not allowed for any reason except circumstances covered by force majeure as described in clause 10.
9. The artiste will take all reasonable steps to fulfil the engagement and where possible advise the client of any problem, delay or non-arrival where this is both practical and permitted by the authorities.
10. In the event the artiste cannot fulfil the engagement the artiste agrees to inform the agency immediately and the agency agrees to inform the client immediately. The agency will make all reasonable attempts to find a suitable replacement artiste of similar standard and style, at no extra cost to the client.
11. On the odd occasion that a suitable replacement cannot be found, the agency agrees to refund the client any deposit and booking fee paid in advance. The artiste agrees to pay an administration not less than 15% plus vat equal to the booking fee due on the booking to the agency in full within 7 days of the cancellation. In circumstances not covered by force majeure, where a replacement artiste is found, the artiste agrees to refund the client the difference between the original artiste fee and any higher fee charged by a replacement artiste arranged for the client by the agency, up to a maximum of 20% of the original artiste fee.
12. If a replacement artiste of similar standard and style can be arranged by the agency and agreed by the client then there will be no refund given to the client against any deposits or booking fees already paid, and no administration fee will be payable by the artiste. However, should a replacement artiste charge a much lower fee, the client will be refunded a proportionate amount of any booking fees paid in advance and the replacement artiste will be due their usual fee. Where possible, the client and artiste will be contacted to agree this in advance.
13. If a replacement artiste is required last minute and the client is not happy to accept the replacement artiste, they must not allow the replacement artiste to perform. If the replacement artiste is allowed to perform, their full fee will be due.
14. The client agrees that the artiste shall have the right to cancel the engagement without liability upon written, verbal or electronic notice to the client no later than 10 days prior to the date of the performance in the event that the artiste is called upon to render their services for a major radio or TV appearance, performance or recording, a motion picture or any other major career-advancing opportunity. Should this situation occur the artiste may be able to offer a mutually acceptable re-scheduled date to the client at the same performance fee as the original engagement, or the agency will where possible offer a replacement artiste of similar standard and style.
15. No payment shall be made by the agency to the client for any direct or consequential financial loss incurred as a result of the failure of the artiste to perform.
16. The agency does not refund bank charges or other transaction charges incurred during any part of the booking process to any party under any circumstances.

5. Additional Expenses
   1. If there are any additional expenses incurred by the artiste (for example; travel, food and drink, accommodation, flights etc.) and they have been specified within the booking contract then the artiste must provide receipts and an invoice to the client within 60 days of the performance date. The client must reimburse all expenses to the artiste within 28 days of being invoiced. If any of these additional expenses are to be pre-paid before or immediately after the event then this will be stated within the booking contract.

6. Artiste Requirements / Client Responsibilities
   1. It is the client’s responsibility to ensure that a safe source of power is provided for the artiste and all local authority regulations are adhered to. If there is any further information regarding power requirements specific to an artiste then this will be outlined within the booking contract.
   2. It is the responsibility of the client to ensure that the performance venue provides a safe performance area and ensures that the venue is happy to accommodate the performance of such live music or entertainment, including the holding of any live music licenses. Other considerations, such as noise limitations, should be mutually agreed between all parties prior to booking. Any relevant information should be disclosed to the agency prior to booking confirmation.
   3. The client must ensure that a suitable performance area is provided. From the point of view of the performance and the overall look, this should ideally be a raised stage to distinguish the staging area from the dancing/seating area. However, the artiste can perform without raised staging if necessary. Any performance space requirements specific to individual artistes will be outlined within the booking contract.
   4. It is the responsibility of the client to provide adequate refreshments for the artiste if outlined within the contract 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 artiste will be stated within the booking contract.
   5. The artiste will take up to 90 minutes to setup and prepare for the performance. The time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. Setup times and performance times will be specific to each booking so will be outlined within the booking contract.
   6. The client must provide suitable dressing room facilities for the artiste to change in and/or store any equipment. The area should be lockable, include chairs and a safe source of power, toilets are not acceptable.
   7. The client is responsible for providing adequate supervision/security at all times whilst the artiste is present at the venue. In the event of unruly or threatening behaviour, the artiste is entitled to cease performance and still be paid in full.
   8. The equipment and instruments of the artiste are not available for use by any other performers or persons except by specific permissions from the artiste.
   9. It is the responsibility of the client to ensure that the artiste is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If there is no legal parking available at the venue, rendering the artiste incapable of unloading, or after unloading the artiste cannot secure legal parking within half a mile radius of the venue, the client agrees to pay for any parking expenses that are incurred. The artiste must, however, make all reasonable attempts to find legal parking if possible. The client must pay any charges incurred to the artiste on the day of the performance, in addition to any outstanding artiste fee.
   10. The provisions outlined in the above terms must be provided by the client at their own expense and if not supplied maybe considered a breach of contract and therefore cancellation charges that are outlined in clause 4 will apply.

7. Performance / Artiste Responsibilities
   1. The artiste agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the artistes show, as known to the agency and as advertised to the client via their promotional materials. The artiste will make every effort to ensure their performance is outstanding, adhere to the client’s wishes where reasonable, be polite and courteous with the client, their guests and all venue staff and contractors.
   2. The artiste agrees to provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the client or a third party. It is the artistes responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
   3. If the timings of an event are overrunning due to no fault of the artiste then the artiste is under no obligation to finish later than the specified time stated within the booking contract and will still be due their full payment.
   4. The artiste agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately, stated within the booking contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc. and covers any payments whatsoever due to other members of the act.
   5. The artiste will refrain from excessive drinking before, during and after the performance at all times when the client or their guests are present. The artiste will not under any circumstances partake in any illegal drug use on the day of the performance, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artistes. The artiste will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The artiste will not display any other conduct deemed damaging to the reputation of themselves, the agency or the client.
   6. The adjustment of the volume and sound level of any equipment shall be as the client reasonably requires.
   7. The artiste at the time of agreeing to or signing the booking contract shall not be under any contract to a third party that might preclude them from fulfilling the engagement.
   8. The artiste shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing of other attire is deemed to be a necessary part of their act.
   9. It is advised, where possible, that the artiste contact the client at least two weeks prior to the performance to confirm the details of the booking contract as well as finalizing any minor details (i.e. payment, parking, invoice matters etc.).

8. Tax / N.I. / Insurance etc.
   1. The artiste performance fee as stated in the booking contract is gross of personal income or commercial tax liability. Payment of personal income or commercial tax liability in their home country is the responsibility of the artiste. Payments of taxes levied on performers by governments in certain countries (e.g. Italy) are the responsibility of the client not the artiste or the agency. We strongly recommend that both the artiste and the client ensure they make provision within their own financial arrangements for the payment of tax liabilities that may arise and keep such records of their income and commercial activities as may be required by law.
   2. The artiste accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £5,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out P.A.T. testing of their equipment. The client accepts full responsibility for any damage or injury caused to any member of the act or their equipment due to the fault of the venue, the client or their guests/customers.

9. Use of ‘Dep’ performers
   1. A ‘dep’, or ‘deputy’, performer will mean a person or persons who stand in for one or more of the artistes standard group of performers should they be unable to perform due to prior commitments or illness.
   2. The artiste will perform using their standard group of performers as known by the agency and advertised to the client unless otherwise agreed by the agency in advance, or in cases of emergency. The artiste agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ performer will have a good knowledge of the artistes repertoire, and represent the artist to the same high standard that is known by the agency and expected by the client.
   3. The artiste agrees that if a usual group member is ill and a suitable ‘dep’ performer is available, and this performer can satisfy the conditions of competence outlined above, the artiste will use the services of the ‘dep’ performer rather than cancel the booking under the terms of force majeure detailed in clause 10.
   4. There will be no reduction in the artiste’s fee if a ‘dep’ performer is used and it does not constitute grounds for cancellation unless the artiste is of significant celebrity.
   5. A ‘dep’ performer may not be used to replace an artiste whose individual name is used as the star attraction to promote the artiste (e.g. ‘The Frank Wilson Show’ would not be able to ‘dep’ another performer for ‘Frank Wilson’).

10. Force Majeure
    1. In any case 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 artiste or client, then the artiste or client may cancel the booking without penalty other than loss of 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 4 will be unenforceable.

11. Future Bookings
    1. Repeat bookings from the same client and new bookings resulting from the artistes performance detailed in the booking contract must be made through the agency and not directly with the artiste for a period covering the issue date of the booking contract through to 12 months after the performance date of the contract, whether the artiste is still represented by the agency or not.
    2. In the event that bookings are made by alternative means a booking fee for the performance, of the percentage or amount stated in the original booking contract, and for each subsequent booking made for the artiste, is payable to the agency by the artiste within 7 days of the performance date.
    3. The artiste agrees not to hand out any business cards or promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the agency, to the client, their guests, staff, venue or contractors. If approached, the artiste must inform the person(s) concerned to contact the agency through the agency’s known contact details. Any other action will contravene the terms and conditions herein, and if found to have done so then the artiste will cease to be used by the agency and invoiced for booking fees against any resulting work accordingly.

12. Complaints
    1. In the event of a dispute or complaint from either party, the issue must be presented to the agency in writing within 14 days of the performance date. The agency will mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved then the client and the artiste should seek independent legal advice. The agency cannot be held responsible for any failures of the client or the artiste but will attempt to help in settling any disputes in a swift and satisfactory manner.
    2. Any complaints arising through arrangements made without consultation of the agency must be settled exclusively between the client and the artiste.

13. Bookings – Individual Artiste Conditions
    1. Booking contracts may contain additional terms and conditions, information specific to the artiste relating to advertising, billing, flight times, personal requirements, broadcast and recording rights, sponsorship etc., so please read all contract terms carefully to avoid misunderstandings.