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Terms and Conditions (Clauses 1 – 13)
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Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable Terms and Conditions of booking. Therefore, the completion of the booking contract confirms the details of the booking and does not in itself secure the engagement as this has already occurred. Consequently, non-return or non- completion of the booking contract does not terminate the agreement. 1. Definition 2. The Booking Process Upon confirmation, Andy Martin Entertainments will issue the ‘client’ a booking contract for signature, which must be returned to Andy Martin Entertainments within 14 days. 3. Changes to the Booking Contract 4. Payment of Booking Fees Unless specified in the booking contract, the remaining balance is payable to A. Martin by cash or cheque the day of the event or as listed on the booking contract. 5. Late Payment of Booking Deposit 6. Late Payment of Fees Where the outstanding balance has not been paid within 30 days, the amount may be sought via legal processes or referred to a debt recovery agency. 7. Expenses The ‘client’ must in return reimburse all these expenses within 28 days of the ‘Andy Martin Entertainments’’ invoice being issued. 8. Client Responsibilities The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the ‘Andy Martin Entertainments’’. Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘Andy Martin Entertainments’’ is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering the ‘Andy Martin Entertainments’’ incapable of unloading, or after unloading ‘Andy Martin Entertainments’’ is unable to secure legal parking within a ½ mile radius of the venue, the ‘client’ agrees to pay for any parking expenses thereby incurred. This includes parking meters, car park fees etc. Any charges should be paid by the ‘client’ to the ‘artist’ on the day of the event, in addition to the outstanding balance. It is also the ‘clients’ duty to ensure that ‘Andy Martin Entertainments’ 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 or soft drinks. Any additions such as food are at the discretion of the client unless detailed on the booking contract. The ‘client’ must also ensure that there is an adequate area for the ‘Andy Martin Entertainments’ to change in and store equipment. The area should preferably be lockable and include chairs for the entire party. It is agreed by the ‘client’ that any equipment and instruments of the ‘Andy Martin Entertainments’ are not available for use by other performers or persons unless agreed with Andy Martin Entertainments The provisions contained within this clause (Clause 8) must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract. 9. Andy Martin Entertainments Responsibilities Andy Martin Entertainments agrees to provide all equipment necessary to undertake this performance, unless specifically outlined in the booking contract that either the ‘client’ or a third party shall do so. Andy Martin Entertainments shall provide their own equipment and it is their responsibility to ensure its good working order and safety, and to obtain all necessary insurances and certification where applicable. Andy Martin Entertainments accepts full responsibility for maintaining their own Public Liability Insurance (to a minimum of £2,000,000 cover), vehicle insurance and carrying out the P.A.T. testing of their equipment. Andy Martin Entertainments agrees that their booking fee is inclusive of all expenses (except those specifically accounted for in the booking contract), including holiday entitlements, travelling expenses to and from the venue, additional equipment hire, tax, N.I. etc. and any payments due to other members of the ‘Andy Martin Entertainments’ party. Andy Martin Entertainments is responsible for their own accounting, payment of tax and National Insurance contributions. Andy Martin Entertainments is not VAT registered so no VAT is payable on our fees. Andy Martin Entertainments & any associated staff will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present. Furthermore, the ‘Andy Martin Entertainments or associated staff’ will not under any circumstances partake of any illegal drug use on the day of the event, at the event venue, or whilst in the presence of the ‘client’, their guests, venue staff or other associated suppliers or ‘artists’. Andy Martin Entertainments or associated staff will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. In addition, the ‘Andy Martin Entertainments’ will not exhibit any other conduct deemed anti-social, illegal, or which reflects badly upon themselves, or the ‘client’. Andy Martin Entertainments or associated staff 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. Andy Martin Entertainments or associated staff must also adjust the volume and sound level of any equipment as reasonably required by the ‘client’. 10. Complaints 11. Cancellations Where ‘Andy Martin Entertainments’ has cancelled, they agree to inform the ‘client’ immediately and make all reasonable attempts to find a suitable replacement of similar standard and style, at no additional cost to the ‘client’. Should a suitable replacement not be found then ‘Andy Martin Entertainments’ agrees to refund the ‘clients’ original booking deposit, plus any additional fees paid in advance. Where the ‘client’ has cancelled the booking, they agree to inform ‘Andy Martin Entertainments’ immediately in writing. If Andy Martin Entertainments has cancelled for reasons not covered by Clause 13, the ‘client’ may pursue legal action. If a replacement ‘artist’ of similar value is arranged and agreed between the ‘Andy Martin Entertainments’ and ‘client’, no booking deposit will be refunded. If the ‘client’ is not prepared to accept the replacement ‘artist’ then they must not allow performance, or their full booking fee will be due. Where the ‘client’ has cancelled for reasons other than those outlined in Clause 13, then forfeiture of the booking deposit will result at all times. Further fees are also applicable where the ‘client’ has cancelled for reasons other than those outlined in Clause 13, and will be based on the following: All ‘client’ cancellation fees must be paid to ‘Andy Martin Entertainments’ within 14 days. Any outstanding payment owed to ‘Andy Martin Entertainments’ will be referred to a recovery company and will be subject to a surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable. 12. Performance Schedule Changes Where ‘Andy Martin Entertainments’ is not able to perform their full performance through no fault of their own (e.g. the event is running late), there shall be no reduction in the ‘Andy Martin Entertainments’ booking fee. Where ‘Andy Martin Entertainments’ has been asked and agrees to perform later than the finish time outlined in the booking contract, and where no additional surcharge has been agreed, this is negotiable on the night of the performance & will be additionally payable to the ‘Andy Martin Entertainments’ in cash or by cheque on the day of the event. If the schedule has changed through no fault of the ‘Andy Martin Entertainments’ they have the right to refuse to finish later than the contracted finish time without penalty. Andy Martin Entertainments has the right to refuse to extend their performance time without penalty. 13. Force Majeure |