If you do not understand any part of these ‘Terms and Conditions’ please call Warble Entertainment Agency Limited or seek legal advice prior to confirming a booking and agreeing to them.
Once a booking has been confirmed with the ‘client’ and ‘artist’ VERBALLY, ELECTRONICALLY or in WRITING, both parties will be subject to a legally binding contract consisting of the ‘Booking Contract’ and the following non-negotiable ‘Terms and Conditions’. Non-return or non-completion of the ‘Booking Contract’ does not terminate the agreement.
Clause 1: Definition
The following definitions refer to the ‘Booking Contract’ and these ‘Terms and Conditions’. Warble Entertainment Agency Limited (Company Number: 7406359), is the ‘agent’, and acts as negotiator between the ‘client’ and ‘artist’. Therefore, the ‘agent’ acts as an employment agency and is not a party to the resulting ‘Booking Contract’ itself. Therefore, the ‘agent’ does not accept responsibility for non-fulfilment or breach of any such contract.
Clause 2: The Booking Process
Once the booking has been confirmed with the ‘client’ and ‘artist’, the ‘agent’ issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘agent’ within 7 days. The ‘artist’ will then also be issued a ‘Booking Contract’ and should also check, sign and return it within 7 days. Upon receipt, both copies shall be filed by the ‘agent’.
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 reissued.
Clause 3: Payment of Booking Fees
The booking deposit and signed ‘Booking Contract’ are due within 7 days of issue and unless specified otherwise in the ‘Booking Contract’, the remaining balance should be paid to the ‘artist’ on the day of the event before their performance commences. If an ‘artist’ does not wish to collect payment on the day then the client must pay the balance of the booking fees to the ‘artist’ 2 weeks prior to the event.
Alternatively, the ‘client’ can pay the balance of the booking fees to the ‘agent’ 2 weeks prior to the event. However, all payments made via the ‘agent’ are subject to VAT being added at the current standard rate. Payment to the ‘artist’ will be released on the first working day after the event.
If a payment due to the ‘artist’ has not been received in the specified time, the ‘artist’ may terminate the ‘Booking Contract’ without penalty. Additionally, the ‘client’ remains liable for cancellation fees as outlined in ‘Clause 8: Cancellations’.
If the booking deposit has not been received within the allotted time (7 days) this may be perceived as a breach of contract and free the ‘artist’ from contractual ties. However, the ‘client’ will still be accountable to ‘Clause 8: Cancellations’ and also remain liable for the booking deposit.
Failure to pay the ‘artist’ the remaining balance within the terms agreed in the ‘Booking Contract’ will automatically result in a late payment administration fee of £25 (plus VAT) being charged to the ‘client’ by the ‘agent’. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £25 (plus VAT) shall be added to the outstanding amount. In addition, if a cheque paid to the ‘artist’ on the day of the event does not clear (i.e. it ‘bounces’), these charges shall also become applicable, plus, any costs incurred by the ‘artists’ (or ‘agents’) bank for handling and administration.
Where the outstanding balance has not been paid within 14 days, the amount may be sought via legal processes or referred to a debt recovery agency by the ‘artist’ or ‘agent’. Unless previously agreed, the ‘agent’ is not responsible for the collection of booking fees due to the ‘artist’.
Clause 4: Expenses
Where the ‘client’ has agreed to cover additional expenses (i.e. accommodation) they must be repaid to the ‘artist’ within 28 days of the event. This is provided receipts and invoices have been forwarded to the ‘client’ by the ‘artist’ in reasonable time.
Clause 5: Client Responsibilities
The ‘client’ must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the ‘artist’ by possessing appropriate licenses and no inhibiting noise limiters. If non-performance or a below par performance results due to venue restrictions, the ‘client’ will still be liable for the total fees.
The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the ‘agent’.
Furthermore, it is also 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 their act. Should no free parking be available the ‘client’ is liable for any parking charges incurred.
It is also the ‘clients’ duty to ensure that the ‘artist’ is provided with adequate refreshments 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 and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
The ‘client’ must also ensure that there is an adequate area for the ‘artist’ to change in and store equipment and / or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.
Unless given express permission, ‘artist’ equipment and instruments are not available for use by any other person.
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 without penalty. The ‘client’ will still be liable for the total fees.
The required elements within ‘Clause 5: Client Responsibilities’ 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 5: Client Responsibilities’ are negotiable between the ‘client’ and ‘artist’ via the ‘agent’, but any modifications should be written into the ‘Booking Contract’ specifically.
Clause 6: Artist Responsibilities
The ‘artist’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves to the ‘agent’ via promotional material.
Unless specifically outlined in the ‘Booking Contract’, the ‘artist’ should provide the relevant equipment in order to carry out the performance. The ‘artist’ is responsible for the good working order and safety of their own equipment. This should be reflected by acts using electrical equipment having it PAT tested annually. In addition, the ‘artist’ should undertake Public Liability Insurance (to a minimum of £1,000,000 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 and legal contributions.
The ‘artist’ shall not drink alcohol excessively before, during or after their performance. 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’.
The ‘artist’ must contact the ‘client’ directly before the event in accordance with the time-frame 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.
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 booking.
Clause 7: Complaints
In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the ‘agent’ within 28 days. 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’ but without consultation of the ‘agent’ should be settled between the ‘client’ and the ‘artist’ exclusively.
Clause 8: Cancellations
Cancellation by either party is not allowed except where ‘Clause 11: Force Majeure’ applies or where the ‘client’ and ‘artist’ mutually agree to cancel the booking (evidence must be provided in writing by both parties to the ‘agent’). In either event forfeiture of the booking deposit will result.
Both parties agree that in the event of a cancellation the ‘agent’ must be informed immediately.
Where an ‘artist’ cancels, the ‘agent’ will inform the ‘client’ and begin the process of sourcing a suitable alternative. This work is undertaken at no additional cost to the ‘client’. Whilst rare, on occasion an alternate act may not be available. In this instance the ‘agent’ will refund the booking deposit payment made by the ‘client’. Where time allows and the ‘client’ has agreed on an alternate act, 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’ they must not allow performance, or the full booking fee must be paid to the ‘artist’.
If the ‘artist’ has cancelled for reasons not covered in ‘Clause 11: Force Majeure’, the ‘client’ may pursue legal action. In this instance, the ‘artist’ must also pay the ‘agent’ the equivalent of the ‘clients’ booking deposit within 7 days as an administrative fee. Additionally, the ‘artist’ must also reimburse the ‘client’ for cost differences between the fee for their performance and any substitute ‘artist’ arranged by the ‘agent’.
Where the ‘client’ has cancelled the booking for reasons other than those outlined in ‘Clause 11: Force Majeure’ cancellation fees shall apply and are based on the following:
All ‘client’ cancellation fees must be paid directly to the ‘artist’ or ‘agent’ within 14 days. However, all payments made via the ‘agent’ are subject to VAT being added at the current standard rate.
Where cancellation fees are not paid within 14 days the ‘artist’ may take legal action or the ‘agent’ may refer the amount to the debt recovery company ‘Daniels Silverman’. If referred, the outstanding balance will be subject to the recovery company’s charges of 15% plus VAT on the total amount due. These charges together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.
Clause 9: Performance Schedule Changes
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’.
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.
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 full payment.
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.
Clause 10: Use of Alternative or (‘Deputy’ or ‘Dep’) Performers
Wherever possible the ‘artist’ should utilise the line-up as represented to the ‘agent’ and ‘client’, unless the need arises to substitute a performer due to unforeseen circumstances. The ‘artist’ will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these 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’.
If a suitable ‘Dep’ performer is available, the ‘artist’ will utilise them rather than cancel the booking. A reduction in 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.
On occasion, band line-ups may be subject to change and this may occur without notice unless the band is of significant celebrity.
Clause 11: Force Majeure
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
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. If successfully proven then the cancellation fees outlined in ‘Clause 8: Cancellations’ shall be unenforceable.
Clause 12: Miscellaneous Provisions
For a period of 18 months from the date of the event the 'client' must negotiate any additional bookings of the ‘artist’ with the ‘agent’.
The ‘artist’ agrees to refer all potential bookings, enquiries or ‘clients’ from a Warble Entertainment Agency Ltd event to the ‘agent’. Where this does not occur, and the ‘artist’ attempts to exclude the ‘agent’, they shall be removed from the ‘agents’ roster and remain liable for commission against any successful future bookings.