1) Event Managers/Organisers/Promoters Booking Terms:
i) Deposits:
On making a booking with Cocktails and Screams,
our sister companies (a list of which will be provided on request)
or our founders you will be required to pay a 50% retainer deposit.
This deposit ensures that the booking will take place, it also covers
(in part or whole) any materials that need to be purchased by us
for the event and acts as a booking retainer for any artistes working
the event. This deposit is non-refundable if the booking is cancelled
by you (hereafter referred to as the client) less than 30 days before
the event (extenuating circumstances may be an exception).
In some extreme circumstances a charge may still be due even if
a venue is cancelled with more than 30 days notice i.e. a third
party has been instructed to make a piece of equipment or a prop,
an artiste has been booked from another agency, a famous artiste
has been booked, etc. if the booking is cancelled by ourselves the
deposit will be returned to you (the client). If no deposit has
been paid within 7 days of the booking of an event an invoice will
be sent to the client by email requesting immmediate payment of
such amount; if no response is received within 48 hours this will
be deemed as a breach of contract (whether verbal or written) by
the client and all of Cocktails and Screams (their sister companies
and the founders) obligations to the client will cease and an email
will be sent to the client stating this. In the case of extremely
short notice bookings the client will be instructed how to pay the
deposit to us.
ii) Full Cleared Balance of Account:
This must be paid in full (and cleared through
any banks) at least 14 days before the date of the event.
2) Cocktails and Screams
acting as an Employment Agency or Employment Business:
i) Cocktails and Screams may act as an Employment
Agency or as an Employment Business, at its sole discretion. The way in which Cocktails and Screams is acting for each
booking will be made clear to all concerned parties prior to the
completion of negotiations, and will be clearly shown in the documentation
issued.
ii) When acting as an Employment Agency:
a) Cocktails and Screams acts as negotiator
only and is not a party to the resulting contract. For this reason
Cocktails and Screams cannot accept responsibility for non-fulfilment
or breach of any such contract, but every reasonable safeguard is
assured. Wherever possible in such cases, Cocktails and Screams
will replace the act or engagement with one of similar price and
quality providing retainers and/or deposits have been paid by the
client..
3) Commissions:
i) Cocktails and Screams seeks to negotiate
agreements for The Artiste in those branches of the entertainment
field for which The Artiste is suited by reason of his/her talent
and ability.
ii) Artistes Fees and Agency Commissions:
a) For the provision of their service Cocktails
and Screams charges a fee equivalent to an agreed percentage of
the contracted fee receivable by the Artiste, in accordance with
our Commission Policy. Cocktails and Screams will also collect (as
necessary by law) any applicable tax (for example VAT) which is
due under English Law. The charge may be made to either the Artiste
or Event Organiser/Promoter subject to the negotiated acceptance
of the party in question.
b) Cocktails and Screams Fee (commission)
is charged only after the provision of the service has been completed.
Therefore there is no provision for a refund of commission under
any circumstances.
c) Where charged to the Artiste, the fee
(commission) will still be due if the artiste fails to appear, said
non-appearance being as a result of any action or inaction of the
artiste.
d) Where charged to the Promoter the fee
(commission) is normally payable in advance and is always non-refundable.
4) Cancellations:
Cancellation of any contract negotiated through
Cocktails and Screams is not normally possible without the agreement
of all concerned parties, unless any of the paties are deemed in
breach of contract, i.e.the client or venue has not paid any deposits,
retainers or balances due, the artiste has no relevant certificates,
etc. In the event of cancellation by any party without cause of
illness, or other unavoidable circumstances, Cocktails and Screams
reserves the right to levy a charge of up to 25% of the agreed fee
against the cancelling party, to cover the additional expenses involved
in the said cancellation. This is in addition to any amounts that
may be payable by either party under the terms of the said contract.
5) Cocktails and Screams
acting as a negotiator:
i) Cocktails and Screams normally acts as
negotiator only and as such may not enter into agreements on behalf
of third parties. If at any time Cocktails and Screams is authorised
to enter into agreements on behalf of the Artiste or the Client
for any individual booking, such authority will be made known to
both parties during the negotiation.
a) Cocktails and Screams may receive fees
due to the Artiste (for example in the event of a 'no pickup' booking
or in the course of arriving at a dispute resolution) but must account
to the Artiste for any such payments that it receives.
b) Agreements are made separately for each
booking, and there is no requirement for any Artiste to accept any
booking offered. The Artiste can therefore end the relationship
by simply not accepting any further bookings and the Agent can end
the relationship by not offering any such bookings.
c) If any Artiste seeking employment under
a normal non-exclusive agency representation agreement (i.e. who
has not signed under a management or sole representation contract)
should wish to cease being represented by Cocktails and Screams
and have their name and details removed from any promotional materials
issued by the Agency they can give a minimum of 28 days notice in
writing. From that point no further promotional materials featuring
the Artiste will be created, but it must be understood that it is
not possible to remove information from hard copy products already
published.
d) The Artiste will be required to honour
any and all contracts negotiated and accepted prior to the expiry
of such written notice. The Artiste must undertake to ensure that
any ongoing commission or other financial remuneration due is paid
to Cocktails and Screams promptly and in accordance with these Terms
and Conditions of Business.
ii) When acting as an Employment Agency:
a) Cocktails and Screams is a party to each
contract and accepts responsibility for its obligations under the
terms of each individual agreement including the obligation to pay
the contracted fee to the Artiste when it is due.
b) The fee payable to the Artiste will be
that fee agreed by him or her and duly indicated in the contract.
c) No charge other than the contracted fee
is made.
d) The Artiste will be employed under a contract
for services.
e) Any contract entered into between Cocktails
and Screams and the Artiste will be for an agreed period (normally
one performance) and will not provide for cancellation by either
party.
f) Since the Artiste will be either self-employed
or an incorporated body there is no entitlement to Holiday Pay or
any payment in lieu thereof.
6) Commission and monies
owed to Cocktails and Screams:
i)
a) Commission and monies owed to Cocktails
and Screams shall be remitted within 7 (seven) days of the engagement
or as otherwise stated in the written confirmation. This agency
reserves the right to deduct monies owed to the agency by any individual
Artiste from any monies due to that Artiste, and forward any balance.
b) In order to ensure that there are no
non-appearances or let downs, all verbal agreements are confirmed
by the signing of a written contract. In the event of very short
notice bookings, the written contract may be sent after the event
for your records.
ii) Artiste Self Promotion:
The display and / or presentation of any
artiste's address and / or telephone number at an engagement negotiated
through this agency shall be regarded as a breach of contract, and
may render the Artiste liable to pay severe damages in respect of
that breach.
7) Any contract negotiated through this agency shall be subject to
these terms and conditions of business unless otherwise agreed in
writing between all concerned parties. In particular, any conflicting
terms of business shall have no effect. In the case of Artistes
the document "Commission Policy" forms part of these terms,
and must be read and construed as such. All contracts to which these
conditions apply shall be construed in accordance with English Law.
8) No servant or agent of this agency has the power to vary these terms
and conditions.
9) Whenever the context so admits,
words importing the masculine shall include the feminine and the
singular number shall include the plural and vice versa as appropriate.
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