TERMINOLOGY

The following terminology applies to all contracts and communication whether printed, written, electronic, or verbal between the Agency and any other party.

"the Agency"  means S HULL t/a Sparkle Productions a business commonly known as Sparkle Agency

"The Booker" means any individual or company making a booking enquiry or booking for a DJ or tour or live                       performer or show or making an enquiry about or commissioning a design.

"the Artist"     means any individual or group of persons or business entity inquiring about or being                       represented by the Agency.

All words referring to the plural shall equally apply to the singular and all words referring to the singular shall also apply to the plural.  Example: "I/We", "Booker/Bookers" etc

All words referring to the masculine shall equally apply to the feminine and all words referring to the feminine singular shall also apply to the masculine. Example: "he/she", "his /her" etc

GENERAL TERMS OF BUSINESS

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 artists and/or their management, or Bookers on commencement of their business with us.

We operate as an "Employment Agency" under the terms of the legislation representing artists for the purposes of contracting them for temporary occasional work with Bookers as a performer/s in the entertainment industry.

By entering into any negotiation or agreement whether written or verbal or electronic or implied for the booking of artists or services through the Agency all parties will agree to accept and abide by the specific terms and conditions of the booking agreement and the general business terms and conditions as currently described here.

All agreements are deemed to have been made in England and is subject to English Law.

ARTIST REPRESENTATION

Representation by Sparkle does not constitute employment with the Agency.  All contracts to hire whether written or verbal or implied are direct contracts between the Artist and the Booker, not the Agency.

By entering into any agreement written or verbal or electronic or implied for for representation by the Agency the Artist gives permission for the Agency to enter into transactions with third parties for the promotion of the Artist via print, verbal or electronic means at the Agency's cost for the term of the contract.  

Where the contract is terminated by the Artist without the required notice of termination being provided in writing to the Agency 2 months in advance, or where the Artist terminates the contract in the first 12 months or the term of the inital contract whichever is the longer, or where the Artist breaks the terms of the contract resulting in suspension from the Agency's roster the Agency may at their discretion recover from the Artist the costs of promotional work and third party costs incurred by the Agency in the 6 months preceding termination date or the elapsed term of the contract whichever is the shorter period.

PAYMENT & OVERHEAD ARRANGEMENTS

For international events the Booker will arrange and pay for in advance all return flights, internal travel and hotel accommodation/board and any licensing and performance permits as required by local law. The Agency does not arrange travel or accommodation on behalf of the Artist.  Flight share arrangements are the responsibility of the Artist if being made at their instigation.  The Booker must seek prior agreement from the Agency before making the artist available to other Bookers for additional bookings for the purposes of sharing flight and accommodation travel costs.

100% of the Artist's performance fee, or other amount as may be stated in this agreement as being required to confirm the booking, is payable

Unless otherwise stated in the Booking Agreement 100% of the performance fee and 100% of travel expenses and any other fees relating to visas or work permits as stated in this agreement shall be payable by the Booker to the Artist or to the Agency within 7 days (unless funds are required earlier to ensure flight availability or visa application) of verbal, written or electronic confirmation of the booking by the Booker, irrespective of whether a formal agreement has been signed . Where the Booker is arranging and purchasing flight tickets and hotel vouchers on behalf of the Artist these shall be paid for in advance by the Booker and full details and tickets received by the Artist at least 10 working days in advance of the event.

Payment must be made in GB Pounds free of deduction unless otherwise stated in the agreement. Full payment details will be advised on booking. It is recommended that the Booker use secure telegraphic transfer of funds via a reputable bank or cable office or by International Money Order or by Bankers Draft. Credit card payments are not accepted. Neither the Agency nor the Artist can accept responsibility for cash payments sent by post. For bookings and financial transactions taking place wholly within the UK cheque payment may be acceptable by prior agreement of The Agency and providing sufficient time is available to clear funds prior to the event. The Agency reserves the right to refuse payment by cheque.

The Artist performance fee as stated in this agreement is gross of personal income or commercial tax liability. Payment of personal income or commericial tax liability in their home country is the responsibility of the Artist. Payment of taxes levied on performers by governments in certain countries (e.g Italy) are the responsibility of the Booker not the Artist or the Agency. We strongly recommend that both the Artist and the Booker ensure they make provision within their own financial arrangements for the payment of tax liabilities that may arise and keeps such records of their income and commercial activities as may be required by law.

In the event of that any part of the fee remains unpaid or travel or accommodation documents not received within reasonable time for the Artist to plan his/her travel, the booking shall be void and the Artist will not be obliged to fulfil the engagement. The Artist or the Agency shall give no refund of any portion of the fee or travel and accommodation expenses.

CANCELLATION / POSTPONEMENT / NON-FULFILMENT

If the event or booking is cancelled for whatever reason the Artist shall give no refund of any portion of the fee or travel or accommodation expenses. Where the Booker has purchased travel tickets or hotel accommodation and sufficient notice of cancellation is given by the Booker to the Artist or the Agency any unused travel tickets or vouchers shall be returned to the Booker for refund.

Where the Artist or the Agency has purchased travel or accommodation at the expense of the Booker and sufficient notice of cancellation is given to Artist or the Agency the Artist or the Agency shall obtain a refund for the unused travel tickets or vouchers and return the monies received less any deductions made by parties to the purchase of the travel tickets or vouchers to cover cancellation or administration costs and any bank charges and other expenses incurred by the Artist or the Agency in the transfer of monies to the Booker. Bookers should note that many economy and discount flight fares are extremely restrictive in regard to cancellation, change of passenger, or change of flight and in some cases no refund or change is allowed by the airline or ticket agent.

If for any reason the Artist cannot fulfil the engagement for reasons outside the Artist's control, including but not limited to travel delays or breakdown of vehicles not owned by the Artist or flight cancellation or overbooking of flights or customs/immigration problems or damage or loss or confiscation of records or equipment en route or non-availability of accommodation or insufficient or incorrect directions to venue or refusal of entry to venue or similar occurrences outside of the Artist control the booking will be considered to be void and no refund of any portion of the fee or travel or accommodation expenses shall be given to the Booker by the Artist. The Artist will take all reasonable steps to fulfil the engagement or advise the Booker of any problem or delay or non-arrival where this is both practical and permitted by the authorities.

If the Artist cannot perform for any personal reason including but not limited to death or illness or close family bereavement or other similar emergency the Agency shall take all reasonable steps to advise the Booker and where possible shall offer a replacement Artist of similar style and profile. All travel/accommodation costs for the replacement Artist shall be at the expense of the Booker. The non-performing Artist shall refund the full fee and obtain refund on or return any unused tickets or accommodation vouchers to the Agency. The Agency will take reasonable steps to assist with the transfer of any travel or accommodation documentation to the replacement Artist providing this is practical in the time available, and that any charges relating to the transfer are paid for by the Booker.

Where a replacement artist is not required or is unavailable the non-performing Artist shall obtain a refund for the unused travel tickets or vouchers and return to the Agency the monies received (less any deductions made by carriers and agents or hotels to cover cancellation or administration costs, and any bank charges and other expenses incurred by the Artist in the transfer of monies to the Agency. The Agency will return such monies to the Booker less any bank charges incurred in the transfer.

In the event of the Artist failing to return tickets or monies for refund the Agency shall without prejudice or any admission of liability or obligation assist the Booker to recover the tickets or monies from the Artist

The Booker agrees that The Artist shall have the right to cancel the engagement without liability upon written or electronic notice to The Booker no later than 10 days prior to the date of the performance in the event that the Artist 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 Artist may be able to offer a mutually acceptable re-scheduled date to The Booker at the same performance fee as the original engagement.

In the event of a re-scheduled date not being acceptable to the Booker or feasible for the Artist, the Artist will return net fees paid to them by The Agency and if applicable, return any air or travel tickets already physically provided to the Artist. The Agency will remit these to the Booker less any bank charges incurred.

No payment shall be made by the Agency or the Artist to the Booker for any direct or consequential financial loss incurred as a result of the failure of the Artist to perform.

The Agency does not refund agency booking fees, bank charges or other transaction charges incurred during any part of the booking process to any party under any circumstances.

FUTURE BOOKINGS

Repeat bookings from the same Booker or organisation and new bookings resulting from the artists performance detailed in this contract must be made through the Agency. In the event that bookings are made by alternative means a booking fee of 20% of the total artist fee for the performance detailed in this contract and for each subsequent booking made for the artist is payable to the Agency by The Booker.

PERFORMANCE

Unless otherwise stated in this agreement the Artist will perform for a maximum 2-hours in the Artists usual manner and/or style.

TECHNICAL INFORMATION

Standard technical set-up required for DJ's unless otherwise stated in the contract is;

2 x Technics 1200's/1210's or higher industry standard turntables with minimum +/-8% variable pitch control plus 2 x CDJ turntables (Technics, Pioneer or Denon), a professional industry standard mixer such as a Pioneer DJM500/600, equivalent or better with crossfader, line output faders, pre-fade gain, bass/mid/top EQ controls, headphone monitoring facility microphone and output monitor speakers.

All equipment to be in full working order and spare headshells/styli to be available in case of failure. Artists reserve the right not to perform if professional equipment has not been provided or is not fully functional. In practice Artists will usually do their best to provide a performance in the event that problems arise with the equipment unless they believe that doing so will be detrimental to their reputation.

For live performers specific requirements will be listed within the booking agreement or a seperate technical rider will be provided.

BOOKING - INDIVIDUAL ARTIST CONDITIONS

Booking contracts may contain additional terms and conditions information specific to the artist or tour relating to advertising / billing, flight times, personal requirements, broadcast and recording rights, sponsorship etc so please read contract terms carefully to avoid misunderstandings.

RECORDING, BROADCASTING, SPONSORSHIP OR PRODUCT ADVERTISING OR ENDORSEMENT

The performance fee covers only a live performance from the Artist/s - no permissions are given for any recording broadcasting or use of the artists name in connection with any sponsorship or product endorsement or advertising without the express prior permission of The Agency in writing or electronically. Additional fees are usually chargeable for the above permission and services over and above the normal advertising, promotional and press requests needed to successfully promote an event.