Sounds Amazing Entertainment have made every effort to word these terms and conditions in plain English, with clarification of various clauses where deemed necessary.
If you do not understand any part of these terms, please call us to clarify, or seek legal advice before you agree to them.
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:
1. Definitions
This booking contract is negotiated by Sounds Amazing Entertainment (the ‘agent’) between the ‘client’ and the ‘artist’. In this respect, Sounds Amazing Entertainment acts as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.
2. Confirming the booking
Confirmation:
i) 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'artist'.
ii) All bookings take effect immediately upon 'confirmation'.
ii) Non-signature or non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon 'confirmation' of the booking, Sounds Amazing Entertainment will issue a contract to the 'client' for signature and this must be returned within 7 working days.
A copy of this contract will be forwarded to the 'artist' for signature immediately, again to be signed and returned within 7 working days. Both the ‘client’ & the ‘artist’ may keep one copy of the contract for their personal records.
Sounds Amazing Entertainment will store the signed contract(s) for safe keeping (copies available on request) and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
3. Changes to contract
The agreed booking fees may be subject to change (in agreement with both the 'client' and the 'artist') if any details on the contract are altered.
All changes to the contract must be arranged & agreed by Sounds Amazing Entertainment in advance of the event.
4. Payment of fees
The agreed booking deposit is due strictly within 7 working days of invoice.
Booking deposits can be paid by cheque, BACS transfer (bank details below), also securely by debit or credit card either through our website www.soundsamazingentertainment.co.uk or by calling FREE on 0800 043 8201.
Bank: Nat West PLC
Account Name: Sounds Amazing Entertainment
Sort Code: 60 – 24 – 77
Account Number: 18678911
Please quote your booking reference when making your payment, you will find it located in the top right hand corner of your booking form.
Unless otherwise agreed by the 'artist' and Sounds Amazing Entertainment in writing on the contract, the balance is payable by cheque or bank transfer 7 working days before the event date.
If any fee which the 'client' is due to pay prior to the event has not been received at least 7 working days before the event, the 'artist' has the right to cancel this booking without penalty and the 'client' will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5.)
5. Cancellations
Cancellation by the ‘client’:
Cancellation by the 'client' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 18.) In the event that the ‘client’ cancels the booking, the ‘client’ agrees to inform Sounds Amazing Entertainment immediately. Sounds Amazing Entertainment agrees to inform the ‘artist’ of the cancellation immediately.
i) Cancellation by the 'client' within 48 hours of booking confirmation will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.
ii) Cancellation by the ‘client’ after 48 hours of booking confirmation and up to 61 days from the event will result in loss of booking deposit and 50% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 working days.
iii) Cancellation by the ‘client’ within 60 days and up to 31 days of the event will result in loss of booking deposit and 75% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 working days.
iv) Cancellation by the ‘client’ within 30 days of the event will result in loss of booking deposit and 100% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 working days.
'Artist' cancellation fees should be sent to Sounds Amazing Entertainment to be forwarded on to the 'artist' within 7 working days of receipt.
On behalf of the ‘artist’, any payment outstanding from the 'client' outside of these terms will be referred to Sounds Amazing Entertainment debt recovery company 'Daniels Silverman Limited' and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'client' and will be legally enforceable.
It is the ‘clients’ responsibility to ensure their venue can accommodate the ‘artist’ and non-performance of the ‘artist’ due to venue restrictions will place the ‘client’ liable for cancellation fees as detailed above.
Cancellation by the ‘artist’:
Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 18.)
In the unlikely event that the ‘artist’ cancels the booking, the ‘artist’ agrees to inform Sounds Amazing Entertainment immediately. 'Sounds Amazing Entertainment agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Sounds Amazing Entertainment agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
Should the ‘artist’ cancel a booking under circumstances not covered by 'force majeure' (see clause 18) the ‘client’ may pursue unlimited damages from the ‘artist’ as they see fit. The ‘artist’ also agrees to pay Sounds Amazing Entertainment an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to Sounds Amazing Entertainment within 7 working days. The 'artist' also agrees to refund the 'client' any difference between the original booking fee and the fee charged by any replacement artist arranged for the ‘client’ by Sounds Amazing Entertainment.
There will be no refund given to the 'client' against the booking deposit already paid, and no ‘administration charge’ will be made to the act, if a replacement artist of similar value can be arranged by Sounds Amazing Entertainment and agreed by the ‘client’. However, should a replacement artist charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the 'client' and 'artist' will be contacted to agree this in advance.
If a replacement artist is required last minute and the 'client' is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
Any payment outstanding from the 'artist' outside of these terms will be referred to our recovery company 'Daniels Silverman Limited' and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'artist' and will be legally enforceable.
6. Late payment of deposit
Failure by the ‘client’ to pay the booking deposit within the terms specified will result in ‘client’ being in default of contract. The booking will be cancelled and the ‘client’ will be bound by the cancellation clauses in part 5 of these terms and conditions.
7. Late payment of the balance
Failure by the ‘client’ to pay the ‘artist’ within the terms specified will result in interest being charged on the balance due. The 'artist' reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
Non-payment of the balance will result in legal action and any payment outstanding from the 'client' outside of these terms will be referred to our recovery company 'Daniels Silverman Limited' and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'client' and will be legally enforceable.
8. Complaints
If through their own fault the ‘artist’ is unable to fulfil part of the event schedule or breaks the terms of this contract and the ‘client’ would like to claim a reduction on the ‘artist’s’ fee, a complaint must be made in writing to Sounds Amazing Entertainment no more than 30 days after the event. Full payment must still be made to the 'artist' as agreed in the contract. Withholding payment is illegal.
Failure to pay the 'artist' within the terms of this contract will incur charges outlined in clause 7 (see above) and may render the 'client' subject to prosecution.
Whilst Sounds Amazing Entertainment cannot be held responsible for the actions or failures of either the 'client' or 'artist' we will make every effort to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the 'client', Sounds Amazing Entertainment will contact the 'artist' to discuss the complaint and request a written statement detailing their version of events. Sounds Amazing Entertainment will act as mediator between 'client' and 'artist' in order to come to an amicable agreement over any refund or expense which may be due. If Sounds Amazing Entertainment cannot settle the dispute to the mutual satisfaction of both 'client' and 'artist', both parties must settle the matter directly via their own legal representatives.
Any dispute between the ‘client’ and the ‘artist’ based on changes to the contract/performance that were agreed by both the ‘client’ and the ‘artist’, but not confirmed by Sounds Amazing Entertainment in writing, must be settled between the ‘client’ and the ‘artist’ directly. Sounds Amazing Entertainment will not be able to mediate over these changes.
9. Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with your Sounds Amazing Entertainment. Should this not be possible, changes are to be agreed between the ‘client’ and the ‘artist’ prior to performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the ‘client’ and the ‘artist’ on the day of the event are agreed to incur additional costs to the ‘client’, the ‘artist’ accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Sounds Amazing Entertainments standard rate of commission. The 'artist' must disclose to additional monies collected within 7 working days of the event and forward commission due within 7 working days.
10. Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of the 'artist', the ‘artist’ is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the ‘artists’ fee.
If the event runs late and the ‘artist’ is asked and agrees to finish later than the finish time in the booking contract, and the ‘artist’ does not agree an additional surcharge, then the following standard ‘late finish’ fees will be charged:
10% of the total balance due per ½ hour over run, payable on the day of the event by the 'client' to the 'artist' in cash or by cheque.
The ‘artist’ has the right to refuse to finish later than the contracted finish time without penalty.
11. Extended performance fees
If the event schedule is changed on the day and the ‘artist’ is required and agrees to perform for longer than the ‘Performance times’ agreed in this contract, and no additional surcharge is agreed by the ‘artist’ on the day of the event, the following standard ‘Extended performance fees’ will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the 'client' to the 'artist' in cash or by cheque on the day of the event.
The ‘artist’ has the right to refuse to extend their performance times without penalty.
12. Re-engagement of the ‘artist’
The ‘client’ agrees to negotiate all future bookings of the ‘artist’ with Sounds Amazing Entertainment and not with the ‘artist’ directly, for the period covering the issue date of this contract until 18 months after the event date on this contract.
The ‘artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Sounds Amazing Entertainment, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘artist’ must inform the person/s concerned to contact Sounds Amazing Entertainment. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Sounds Amazing Entertainment in the future, the ‘artist’ will also forfeit any bookings already confirmed or contracted.
13. Rider
This contract may be subject to a ‘rider’ containing the ‘artists’ requirements for food, accommodation, dressing rooms, technical specifications etc (please see full ‘artist rider’ on the contract, If applicable)
The ‘rider’ forms an integral part of this contract and MUST be provided by the ‘client’ at their own expense.
14. Expenses
If the ‘client’ has agreed on the front of this contract to cover additional expenses incurred by the ‘artist’ (such as taxi’s, food, rehearsal time, hotel, flights etc) the ‘artist’ must provide receipts and an invoice to the ‘client’ within 60 days after the event.
The ‘client’ must reimburse all expenses to the ‘artist’ within 28 working days of invoice.
15. Artist service guarantee
The ‘artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘artists’ show, as known to Sounds Amazing Entertainment and as advertised to the ‘client’ via distribution of the ‘artists’ demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The ‘artist’ agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the ‘client’ or a third party. It is the ‘artists’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The ‘artist’ agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the act.
The ‘artist’ will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present.
The ‘artist’ will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event 'venue', or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The ‘artist’ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The ‘artist’ will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, Sounds Amazing Entertainment, or the ‘client’.
The ‘artist’ at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The ‘artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address. The ‘artist’ must inform the person/s concerned to contact Sounds Amazing Entertainment. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Sounds Amazing Entertainment.
The ‘artist’ shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The ‘artist’ is not employed by Sounds Amazing Entertainment and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The 'artist' accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
15.1 - Health & Safety
Any aggressive behaviour (either verbal or physical) is not acceptable to Sounds Amazing Entertainment or our Acts, any such behaviour towards any Act may result in the service being terminated early.
It is the responsibility of the client to take all reasonable steps by way of stipulation in booking or providing a safe venue for the engagement and a safe supply of electricity. Open-Air or Marquee venues must be agreed prior to the performance.
It is the responsibility of the client to ensure that an appointed Health and Safety Officer is present during the event. The Health and Safety Officer is to ensure that all Health and Safety guidelines are followed. It is the responsibility of the client to supply a First Aider if required by the Health and Safety Guidelines. For more information refer to the Health and Safety Executive, see http://www.hse.gov.uk/.
15. 2 - Sound limiters & volume
The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
However, it is understood that the 'artist' cannot guarantee the quality of their performance should their volume be reduced below the level of the unamplified instruments.
Furthermore, it is understood that the 'artist' cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an artist of their type.
16. ‘Artist’ equipment
It is agreed by the ‘client’ and the ‘artist’ that the equipment and instruments of the ‘artist’ are not available for use by other performers or persons except by specific permission of the 'artist'.
An Agent cannot be held responsible for damages to any persons or property caused by a self employed Artiste; the Artiste accepts this responsibility. Should any damages occur to the Artiste, persons, property or equipment, by the engager, their guests, or other function, venue staff, the engager is to ensure full responsibility, both legally and financially, including but not limited to the cost of replacement equipment, hire of interim replacement equipment, transport costs, medical expenses, legal costs, etc.
17. Use of ‘dep’ performers
A 'dep' performer will mean a person or persons who stand in for one or more of the 'artists' standard group of performers should they be unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their standard group of performers as advertised to Sounds Amazing Entertainment and the ‘client’ unless otherwise agreed by Sounds Amazing Entertainment and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘artists’ repertoire, and represent the ‘artist’ to the same high standard that is known by Sounds Amazing Entertainment and expected by the 'client'.
The 'artist' agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the ‘artist’ will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 18 below.)
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used, although, if in advance of the event the 'client' is able to listen to a recording of the proposed 'dep' performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the 'artist' will be liable for the cancellation under the terms of clause 5 unless ‘Force Majeure’ may be applied.
A ‘dep’ performer may not be used to replace an ‘artist’ whose individual name is used as the star attraction to promote the ‘artist’ (EG: ‘The Tony Swaine’ show would not be able to ‘dep’ another performer for ‘Tony Swaine’.)
18. Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty other than loss of deposit.
No servant or Agent of Sounds Amazing Entertainment has the power to vary these terms of business.
