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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 &
OVERHEADS
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 CDJ 1000
turntables or professional industry equivelent plus 2
x Technics 1200's/1210's or recognised professional industry
equivelent vinyl turntables with minimum +/-8% variable pitch
control, plus professional level mixer such as a Pioneer DJM500/600
or Allen & heath Xone, or industry equivalent 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 (contract terms take precedence over standard
terms).
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.
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