1. Definitions
All definitions refer to both the Booking Confirmation Form overleaf and the Terms and Conditions herewith, which together form a legally binding 'Contract' and supersedes any previous verbal or written agreements or arrangements. The 'Client' engages the 'Artist' outlined in 'Name of Artist,' to perform for the engagement outlined in 'Type of Engagement' on the date outlined in 'Date of Engagement,' for the fee outlined in 'Total Amount Due.' The 'Agent' does not employ the 'Artist' nor does the 'Client' employ the 'Agent.' The 'Agent' acts as a 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 the Contract. The 'Agent' has no liability expressed or implied for any loss, damage or costs caused by the 'Artist's' acts or omissions during the duration of the 'Engagement.'

2. The Booking Process and Deposit
The 'Agent' will provide the 'Client' with two Booking Confirmation Forms and two copies of the Terms & Conditions document herewith. The 'Client' completes and signs both Booking Confirmation Forms, and signs both copies of the Terms & Conditions Document herewith, returning all papers to the 'Agent' with the deposit outlined in 'Deposit Required.' Once signed by the 'Agent,' the Booking Confirmation Form and Terms and Conditions herewith form a legally binding 'Contract,' a copy of which will be sent to the 'Client' for their records. The 'Agent' agrees only to sign once verbal acceptance of the booking details have been received from the 'Artist.' The 'Artist's' signature is required for the 'Agent's' records only and no copy of this will be sent to the 'Client.' Failure by the 'Client' to sign the 'Contract' prior to the 'Date of Engagement' may result in the booking being cancelled. Any aspect of the booking which is undertaken by the 'Artist' will be subject to the Terms and Conditions herewith and failure to sign the 'Contract' does not constitute grounds for non-payment or late payment once written or verbal agreements have been exchanged between 'Client' and 'Agent.'

3. Payment
The 'Client' agrees to pay the 'Agent' the 'Deposit' within 7 days of the date outlined on the Booking Confirmation Form. The 'Client' agrees to pay the 'Agent' all outstanding balances within 7 working days of the 'Date of Engagement.' All cheques to be made payable to 'House of Sound' and posted to the address noted on the Booking Confirmation Form. BACS details are available on request. The 'Agent' agrees to pay the 'Artist' within 28 days of the 'Date of Engagement,' subject to receiving an invoice from the 'Artist' and full payment from the 'Client' within 7 days of the 'Date of Engagement.' The 'Agent' will not be held responsible for any late payments to the 'Artist.'

4. Late Payment
Failure by the 'Client' to pay the 'Agent' the 'Deposit' within 7 days of the date outlined on the Booking Confirmation Form may jeopardise the booking. In this respect, the 'Agent' reserves the right to re-engage the 'Artist' without prior notice. Failure by the 'Client' to pay the 'Agent' the outstanding balance within 7 days of the 'Date of Engagement' will result in interest being added with immediate effect, calculated at 8% over the Bank of England's base rate. The 'Agent' reserves the right to seek legal advice or take legal action, recovering all associated fees from the 'Client,'

5. VAT, Tax and National Insurance
The 'Agent' is not VAT registered. The 'Agent' is responsible for its own Tax and National Insurance contributions. The 'Artist' is self-employed and is responsible for their own payments of VAT, Tax and National Insurance contributions.

6. Insurance, Permits and Civil Actions
The 'Client' warranties that it will be covered by appropriate Public Liability insurance and any other appropriate insurance policies and Licenses for the 'Engagement' and that it will indemnify fully the 'Agent' against any claim or action against the 'Agent' as a result of the 'Client's' acts or omissions or breach of these terms.

7. Rider
Any 'Rider' attached hereto forms part of the legally binding Contract.

8. Equipment and Power
It is the responsibility of the 'Client' to ensure that a safe source of power is provided and that all local authority regulations are adhered to. It is the responsibility of the ''Client' to provide sufficient power outlets for sole use by the 'Artist.' It is the responsibility of the 'Artist' to provide PAT testing certificates if requested to do so by the 'Client.'

9. Health & Safety
The 'Client' agrees to provide a safe, secure and suitable stage/performance space on which the 'Artist' can comfortably perform. The 'Client' will ensure that there are no objects that might cause obstruction, delay or danger to the 'Artist' near or on the stage/performance space during the duration of the 'Engagement.' It is the responsibility of the 'Artist' to ensure all equipment provided meets the statutory health and safety requirements. The 'Client' accepts full responsibility for any damage or injury caused to the 'Artist' and/or their equipment/instruments/props/costume, due to negligence, breach of these terms or due to the fault of the venue or guests/customers. The 'Artist' accepts full responsibility for any damage or injury caused to the 'Client,' venue or guests/customers due to their equipment or any unprofessional behaviour. The 'Artist' (and all musicians engaged by the 'Artist') accepts full responsibility for maintaining their own Public Liability Insurance (minimum cover £1,000,000) as well as appropriate insurance of their equipment, instruments and vehicles.

10. Dressing Room / Green Room
The 'Client' agrees to provide a suitable, private room for use by the 'Artist' for the duration of the 'Engagement,' including refreshments provided by the 'Client' or otherwise facilities whereby the 'Artist' can prepare their own refreshments.

11. Use of alternative performers ('Dep')
The 'Artist' agrees to perform using the line-up as advertised by the 'Agent' unless the need arises to use an alternative performer ('Dep') due to illness or unforeseen circumstances. The 'Artist' reserves the right to use one or more 'deps' without prior notice. The use of one or more 'Deps' does not constitute grounds for cancellation or a reduction of fee.

12. Sub-contracting
In the event that an 'Artist' is entirely unable to perform due to illness or unforeseen circumstances and therefore cancels the 'Engagement, the 'Agent' endeavours to provide an alternative 'Artist' of equal quality. The 'Client' reserves the right to refuse the offer of an alternative artist and in this case the 'Deposit' is fully refundable to the 'Client.' However, if an alternative artist is supplied by the 'Agent' to the 'Client,' the original contract becomes null and void and a new contract is entered into by all parties and is subject to the same Terms & Conditions as the original contract herewith.

13. Force Majure
In the highly unlikely event the 'Artist' is unable to perform due to extreme weather conditions, flooding, power failure, industrial disturbance or any other acts of god, civil disturbance or any decree of any governmental authority, but is present and ready to perform, the contract remains valid and enforceable and all fees remain payable in full. In the event of 'Force Majure' whereby written notification is received by the 'Agent' no less than one month prior to the 'Date of Engagement,' the contract becomes null and void and the 'Agent' agrees to waive all outstanding fees due. The 'Deposit' and any other upfront payments will be non-refundable and the 'Artist' becomes free to enter into contract with a different client. In the event the 'Artist' is unable to perform due to 'Force Majure' but is requested by the 'Client' to perform on an alternative date, the 'Artist' reserves the right to refuse, or, in the event the 'Artist' agrees, the original contract becomes null and void and a new contract is entered into by all parties and is subject to the same Terms & Conditions as the original contract herewith.

14. Re-engagements
Any re-engagements of the 'Artist' arising from the 'Engagement' and within twelve months of the 'Date of Engagement' will be subject to the same Terms and Conditions as the 'Contract' herewith. The 'Artist' agrees to distribute the 'Agent's' contact details only and not to disclose personal contact details when dealing with any enquiries at the 'Engagement' or relating to the 'Engagement' if within twelve months of the date of the 'Engagement.' In the event the 'Client' contacts the 'Artist' directly within twelve months of the 'Date of Engagement,' the 'Artist' agrees to forward the enquiry to the 'Agent'. In the event more than one agent or agency is involved in the contract herewith, the 'Artist' agrees to distribute contact details for the end agent, who in turn agrees to forward all enquiries to the original 'Agent.'

15. Cancellation
In the event of a cancellation, written notification must be given, the 'Deposit' and any other pre-paid monies are non-refundable and the 'Client' agrees to pay the following Cancellation Fees:

If within 7 days of the 'Date of Engagement' - 100% 'Total Fee' payable If within 14 days of the 'Date of Engagement' - 75% 'Total Fee' payable If within 30 days of the 'Date of Engagement' - 50% 'Total Fee' payable

If the 'Agent' replaces the cancelled booking with an alternative booking for the 'Artist' and the fee is equal or higher than that of the original 'Engagement' (and no financial loss is incurred), the 'Agent' endeavours to waive the Cancellation Fee. Similarly, if an alternative booking can be secured for the 'Artist' but the fee is less than that of the cancelled 'Engagement,' the 'Agent' endeavours to reduce the Cancellation Fee accordingly. If the 'Artist' secures an alternative booking that does not involve the 'Agent', the Cancellation Fees above remain applicable.

16. Data Protection Act
The 'Client' agrees to provide full contact details which will be entered onto the 'Agent's' database for internal use only. The 'Agent' agrees to conform with the Data Protection Act 1984. The 'Client' agrees to send written confirmation of any objections within 7 days of returning the signed 'Contract' herewith.

17. Terms and Conditions
This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements (whether verbal or written) relating to the subject matter. If any of these Terms and Conditions is found unenforceable in whole or part, the remaining conditions remain valid and enforceable. These Terms and Conditions are subject to English Law and fall under the exclusive jurisdiction of the English Courts.

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