| BOOKING
TERMS AND CONDITIONS
Under the new UK employment legislation (The Conduct of
Employment Agencies and Employment Businesses Regulations 2003)
effective 6th April 2004 we will require certain declarations from
artists and/or their managemen,t or partner agencies, or hirers 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 hirers (ie the promoter or
venue) as a performer/s in the entertainment industry.
Representation by Gremlin UK 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 hirer, not
the Agency.
By entering into any agreement whether written or verbal or
implied for the booking of artists or services through the Agency
all parties shall be deemed to have agreed to accept and abide by
the terms and conditions as described here and as amended from time
to time by the Agency and as prevalent at the time of the making of
the agreement.
For international events The Promoter 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
accomodation on behalf of the Artist. Flight share arrangements are
the responsibility of the Artist if being made at their instigation.
The promoter must seek prior agreement from the Agency before making
the artist available to other promoters for additional bookings for
the purposes of sharing flight and acocomodation travel costs.
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 Promoter to the Artist or to the
Agency within 7 days of confirmation of the booking unless funds are
required earlier to ensure flight availability. Where the Promoter
is arranging and purchasing flight tickets and hotel vouchers on
behalf of the Artist these shall be paid for in advance by the
Promoter and full details and tickets received by the Artist at
least 10 days in advance of the event. In some instances the Artist
or the Agency may agree to accept a percentage of the performance
fee in advance and The Promoter will pay the remaining balance of
the performance fee direct to the Artist on the day of the
performance and prior to the performance or on arrival in the
country of performance whichever is the sooner.
Payment will be made in the currency stated in the agreement -
usually UK POUNDS, US DOLLARS or EUROS, free of deduction unless
otherwise stated in this agreement. Full payment details will be
advised on booking. It is recommended that the Promoter 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 is acceptable providing sufficient time is available to
clear funds prior to the event.
The Artist performance fee as stated in this agreement is gross
of personal income or commercial trading tax liability. Payment of
personal income or trading tax liability is the responsibility of
the Artist not the Agency. We strongly recommend that the Artist
make provision within their own financial arrangements for the
payment of any such liability 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 and travel
expenses. 50% of the Artist's performance fee or other amount as may
be stated in the booking agreement as being required to confirm the
booking is payable following verbal or electronic requesting of the
booking by the Promoter if the event or booking be subsequently
cancelled or postponed or made void for any reason whatsoever up to
a period of one month prior to the event. If the event or booking is
cancelled or postponed or made void for any reason whatsoever within
one month of the event the full performance fee is payable by the
promoter.
Should the event be postponed the Artist will not be obliged to
accept a re-arranged booking for the event at a later date and
cancellation terms will apply.
The promoter is to supply clear and detailed directions to ensure
the Artist is able to reach the venue. For overseas events, the
Promoter must arrange for prepaid transportation for the Artist from
the airport to the hotel accommodation to the venue and from the
venue to the hotel and to the airport after the event.
If the event is cancelled for whatever reason the Artist shall
give no refund of any portion of the fee or travel or accommodation
expenses. Where the Promoter has purchased travel tickets or hotel
accommodation and sufficient notice of cancellation is given by the
Promoter to the Artist or the Agency any unused travel tickets or
vouchers shall be returned to the Promoter for refund. Where the
Artist or the Agency has purchased travel or accommodation at the
expense of the Promoter 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 Promoter. Promoters 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 Promoter by
the Artist. The Artist will take all reasonable steps to fulfil the
engagement or advise the Promoter 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 Promoter and where agreed by the Promoter the Agency
shall provide on a best endeavours basis a replacement Artist of
similar style and skill level providing this is practical in the
time available. All travel/accommodation costs for the replacement
Artist shall be at the expense of the Promoter. Where practical the
non-performing Artist shall refund the full fee and any pre-paid
travel expenses or obtain refund or return any unused tickets or
accommodation vouchers to the Agency. The Agency will take
reasonable steps to arrange 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 promoter.
Where a replacement artist is not required or is unavailable the
Artist 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 accommodation to
cover cancellation or administration costs and any bank charges and
other expenses incurred by the Artist in the transfer of monies to
the Promoter.
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 render reasonable assistance to the Promoter
to recover the tickets or monies from the Artist including the
threat of removal from the Agency roster.
No payment shall be made by the Agency to the Promoter for any
direct or consequential financial loss incurred as a result of the
failure of the Artist to perform.
Repeat bookings from the same promoter or organisation and new
bookings resulting from the artists performance detailed in this
contract must be made through the Gremlin UK 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 Promoter.
Unless otherwise stated in the agreement the Artist will perform
for a maximum 2-hours in the Artists usual style.
TECHNICAL INFORMATION
*As a minimum DJ's require 2 x Technics 1200's/1210's with +/-8%
variable pitch control plus a professional standard mixer such as a
Pioneer DJM500/600, or equivelent with crossfader, line output
faders, pre-fade gain, bass/mid/top EQ controls, headphone
monitoring facility microphone and output monitor speakers.
Provision of all equipment (with the exception of headphones) is the
responsibility of the Promoter.
All equipment to be in full working order and spare
headshells/stylii 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. |