BOOKING TERMS AND CONDITIONS

Standard Terms & Conditions

Any bookings made through Scarlett Entertainment 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, as stated on the Scarlett Entertainment website. By confirming a booking verbally, electronically or in writing, both The ‘Client’ and the ‘Artiste’ agree to be bound by the following non-negotiable terms and conditions. The completion of the written contract is therefore to confirm the details of this engagement, not to secure the engagement.

1. Definitions

Any performer, operator, company, or group of performers or operators obtaining work through Scarlett Entertainment (also herein referred to as the ‘agent’) will be known as "the Artiste" and the hirer will be known as "the Client", and will speak on behalf of any other third parties whom they maybe representing, including but not limited to the venue, event organisers, event staff, their clients.

All definitions refer to both the entertainment contract and this terms & Conditions document. An agreement was made on the date shown in ‘the contract’ between the Client of the one part and the Artiste of the other part, negotiated by Scarlett Entertainment.

The Agent does not employ the Artiste, nor does the Client employ the Agent. The Agent acts as negotiator in all contracts and cannot be held responsible for non-fulfilment of bookings. In this respect, the Agent acts as an employment agency in issuing this contract.

2. The booking process

All bookings will firstly be confirmed verbally or electronically by email between the Artiste and Client then by the signing of a booking contract from the Client. This must be signed by the Client and returned with a booking deposit within 10 days. After receiving the confirmation email and/or signed contract from the client the artiste will then be issued a booking confirmation which should be signed and returned within 10 days. 

If the client sends a confirmation email or letter stating that they would like to book entertainment with the date and named entertainment then the client will be bound by the terms of business whether the deposit has been paid or not and a signed contract has been returned or not. The booking will be concluded when Scarlett Entertainment has a returned contract from the client, confirmation letter or confirmation email and a signed contract from the artiste.  Scarlett Entertainment will hold the copies of the signed contracts on behalf of the Client and the Artiste and will act as the Agent negotiator between both parties.

The client agrees not to approach the artist directly to engage for further bookings, but that all future bookings are negotiated through Scarlett Entertainment.

3. Payment of fees

The agreed booking deposit (non-refundable) will be outlined on the contract. The booking deposit it is a % of the total cost for the Artiste performance fee, as agreed between Scarlett Entertainment and Client this does not include the Artiste’s rider where applicable which may state all or some of the following: travel; accommodation; foreign taxes; stage; lighting; backline; sound; sound engineer; rehearsal time; any other costs deemed necessary for the performance. The booking deposit can be paid by cheque or BACS transfer (details outlined on the contract). The balance is payable to the Scarlett Entertainment by BACS transfer a minimum of 10 working days prior to the day of the event, or by cheque (providing funds are cleared 10 working days before the day of the event), unless otherwise agreed by the Agent in writing.

3.1 Late payment of booking deposit

If the Client's contract and booking deposit are not received within 10 working days of verbal, written or electronic confirmation of the booking, and the Client has not arranged an alternative payment schedule, then Scarlett Entertainment reserves the right to book the Artiste to another Client. Scarlett Entertainment will inform the Client of this intention and the Client will still be bound by cancellation clauses as stated in section 4.4 of these terms and conditions.

3.2 Late payment of balance

Failure by the Client to pay the Agent the balance 10 working days prior to the day of the event, will result in the Agent cancelling the services of the Artiste, and applying cancellation charges as stated in 4.4. Where the outstanding balance has not been paid within 14 days, this amount may be sought via legal process or referred to a recovery company.

4. Changes to the contract

This agreement may not be modified or cancelled except by mutual consent in writing and signed by both the Client and the Artiste. Any such modification or cancellation shall not prejudice the right to payment of the musicians engaged by the artiste. Any modifications made must be agreed upon in writing by the Scarlett Entertainment.

4.1 Changes on the day

Where possible, changes to the contract schedule which are unavoidable on the day of the event should be agreed between the Client, the Agent and the Artiste. Any changes will be subject to these terms and conditions. Scarlett Entertainment will not be held responsible or accountable for any agreement made between the Artiste and the Client on the day of the event unless confirmed otherwise by the Agent in writing.

4.2 Performance schedule changes

In the event of a delay in performance start time, where it is the fault of the Client or venue, the Artiste may need to change the length of their performance in order to fit with the new schedule. If the total performance length (as stated in the contract) takes the finish time more than 30 minutes past the contracted finish time, then the Artiste has the right to reduce performance time to finish at the contracted time. The Artiste is under no obligation to perform past their contracted finish time if the venue or the Client caused the delay, and there will be no reduction or refund in the fee due if the Artiste is unable to perform their full contracted performance time due to event schedule delays caused by the Client or venue. If the Artiste agrees to a new finish time which is not stated in the contract, the Artiste has the right to charge the Client 10% of the total contracted performance fee per 30 minutes overrun, should the Artiste choose to do so. Such additional fees incurred by the Client should be made payable in cash to the Artiste on the day of the event. 

If the Artiste is unable to fulfil part of the event schedule through their own fault, and the Client would like to claim a reduction on the fee due to reflect the changes, this must be mutually agreed in writing between the Client and the Artiste on the day of the event and put in writing and witnessed by a third party.

4.3 Extended performance fees

If the event schedule is changed on the day and the Artiste is requested to perform for longer than the performance time agreed in the entertainment contract (i.e. extend a 45 minute set to a 60 minute set), the Artiste has the right to charge the Client should the Artiste choose to do so as they see fit. Such additional fees incurred by the Client should be made payable in cash to the Artiste on the day of the event. The Artiste has the right to refuse to extend their performance times without penalty.

4.4 Cancellation by the Client

Cancellation charges need to be worked out on a case by case basis, and will be dependent on a number of factors unique to the event, Client and Artiste. Cancellation charges imposed by Scarlett Entertainment will be clearly stated in ‘the Contract’. By signing the contract, the Client accepts the charges specified, and is therefore liable in the event of cancellation by the Client. Any cancellation by the Client or the Artiste must be notified in writing. All booking deposits are non-refundable. In the event that the Client wishes to cancel the booking, the Agent will make every reasonable attempt to re-engage the Artiste for the date of performance, but depending on the circumstances, this may not be possible.

Cancellation charges owed to the Scarlett Entertainment should be paid to the Agent within 14 days of the date of cancellation. Failure by the Client to pay within this period may result in these funds being sought via legal process or referred to a recovery company.  

4.5 Cancellation by the Artiste

The artiste may not cancel a booking unless unable to perform due to force majeure, illness or strikes and can provide reasonable proof which is acceptable under the Law of governing country or state of the venue. The Artiste will make every effort to inform the Agent as soon as possible of the need to cancel to due force majeure, illness or strike. If the artiste fails to fulfil a contract without proof of force majeure, illness or strikes the Scarlett Entertainment reserves the right to make any future contracts between the Agent and the Artiste null and void. Under such circumstances Scarlett Entertainment or the Artiste will do their reasonable best to provide the Client with alternatives to replace the Artiste at no extra cost to the Client. In the instance that the Agent finds a suitable replacement Artist, the Client agrees to pay the Agent any difference between the original booking fee and the fee charged by the replacement Artiste, providing that the Client has been informed of what this additional charge is, and has consented before the replacement Artiste is confirmed by the Agent. 

4.6  ‘Force Majeure’

In the case of any situation arising on or before the event date which renders the agreement impossible to fulfil, which is not attributable to any act or

failure to take preventive action by the Artiste or the Client, then the Artiste or the Client may cancel the performance without penalty other than loss of the refundable booking deposit fee already paid.

5. Expenses

All quotes by Scarlett Entertainment for performance by the Artiste will be exclusive of  PA system hire (if required), basic band lighting hire (if

required) and interval music services (if required) unless otherwise specified in the contract. If any additional expenses will be incurred (such as travel, taxis, food, rehearsal time, hotels, flights, parking (see section 6.3 etc) than those originally agreed then these additional expenses should be mutually agreed in writing before the date of performance, and the total fee altered accordingly. If the Artiste incurs any unavoidable expenses on the date of performance in order to meet with the criteria specified in the entertainment contract or these terms & conditions then the Client agrees to reimburse all expenses.

6 Entertainer requirements

6.1 Power

It is the responsibility of the Client to ensure that a safe source of power is provided at the venue of the performance and that all local authority regulations are adhered to. It is the responsibility of the Client to provide sufficient power outlets for the Artiste and their equipment (minimum 4 x 13 Amp sockets; 2 at either side of the staging area for non-acoustic acts). It is the responsibility of the Artiste to inform the Client of any additional power requirements, and to provide PAT testing certificates for all equipment used.

6.2 Equipment

The Artiste must ensure that all equipment provided meets the statutory health and safety requirements. The Client accepts full responsibility for any damage or injury caused to the Artiste, their musicians or their equipment due to the fault of the venue or its guests or staff. The Artiste accepts full responsibility for any damage or injury caused to the Clients venue or guests or staff due to their equipment or unprofessional behaviour. The equipment and instruments of the Artiste are not available for use by other performers or persons except by permission of the Artiste. Scarlett Entertainment endeavors to ensure but cannot be held responsible for the Artiste and all musicians used by the Artiste to hold full public liability insurance (PLI) to the value of at least £1 million.

6.3 Parking

It is the responsibility of the Client to ensure that there are sufficient parking facilities for the Artiste and all vehicles associated with their party. If no legal parking is available where the Artiste and their musicians are to unload at the venue, or park once unloaded (within 1 mile of the venue) the Client agrees to pay for any parking expenses, including parking meters, car park fees, parking tickets, wheel clamp removal, impound release fees. The Artiste and their musicians agree to make all reasonable attempts to find legal parking spaces if possible. These expenses are agreed to be paid for by the Client in cash on the day of the event, in addition to the total outstanding balance. Similarly, if the Artiste and their musicians incur congestion charge fees (for locations operating a congestion charge), these are to be paid for by the Client in cash on the day of the event.

6.4 Refreshments

It is the responsibility of the Client to ensure that there are adequate refreshments for all members in the ‘band’ and their party. The MINIMUM requirements are:

i)   FREE unlimited supply of mineral water & soft drinks for the duration of the Artiste’s stay at the performance venue.

Other refreshments which must be provided to the Artiste at the expense of the Client will be stated in the contract, or the in the Artiste’s rider (which the Agent will present to and agree with the Client during the booking process).

6.5 Storage / changing area

It is the responsibility of the Client to ensure that there is a suitable room at the venue for the Artiste and their musicians to change in and store instrument cases and equipment during performance. This room should have chairs for the Artiste and their entire party, have an electricity supply and be secure (lockable). A key is to be provided and held by the Artiste. Any equipment used is likely to be very expensive and insured against theft ONLY whilst stored in a locked room. If the specified storage and changing areas are not provided then this may be considered breach of contract.

6.6 Venue constraints

It is the responsibility of the Client to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, and has been awarded with the relevant live music licenses. The Client should disclose any information on noise limitations to the Agent prior to booking confirmation.

7. Early set-up

The Artiste is expected to arrive prior to the start of the event, to allow sufficient set-up time, as stipulated below:

            I.      90 minutes for non-acoustic acts

         II.      30 minutes for acoustic acts

This time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. Should the Artiste choose, for their own peace of mind, to arrive at the event earlier than the stipulated set-up times (within reason), their arrival should be accommodated by the Client. However, if it is known by the Client that the Artiste and their musicians are required to arrive at the venue earlier than these stipulated set-up times, possibly due to venue limitations or logistical issues, then this should be disclosed to the Agent prior to booking confirmation, as this may impact on the overall performance fee. If the early set-up request is received after the contract has been completed and signed, there is no guarantee that the Artiste will be able to accommodate the request. If the Artiste is able to accommodate the request, an additional fee may be applicable. This will be negotiated between the Agency, the Client and the Artiste. Additional fees should be made where possible prior to the event with the balance of the fee in accordance to standard practice of Scarlett Entertainment (i.e. cleared balance 10 days prior to event). Where this is not possible, additional fees should be made payable to the Agent within 3 working days after the event.  This fee will be subject to an agency commission of 20% unless otherwise agreed.

8. Use of alternative (‘dep’ or ‘deputy’) musicians

The Artiste will perform using the line up of musicians as advertised to the Client unless the need arises to use an alternative (‘dep’) musician, due to unforeseen circumstances. The Artiste will have ‘dep’ musicians on call to cover most eventualities, and reserves the right to use one or more if the need arises. There will be no reduction in the contracted fee if a ‘dep’ musician is used, and the use of a ‘dep’ musician does not constitute grounds for cancellation. A ‘dep’ musician may NOT be used to replace an entertainer whose individual name is used as the star attraction (i.e. ‘The John Smith’ show would not be able to ‘dep’ another musician for John Smith).

9. Complaints

In the event of a dispute or complaint from either the Artiste or the Client, any issue must be put in writing within 30 days. The Agent will act to negotiator and aim to reach an agreeable solution between both parties. Third party statements should be obtained where possible to back up any claim. If the matter cannot be resolved or an agreement reached, then both parties should seek legal advice.

UK Events

International

Scarlett Entertainment, 16 Devon Square, Newton Abbot, Devon TQ12 2HR

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