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GENERAL BUSINESS
TERMS AND CONDITIONS
TERMINOLOGY
The
following terminology applies to all contracts and communication
whether printed, written, electronic, or verbal between the Agency
and any other party.
"the
Agency" means S HULL t/a Sparkle
Productions a business commonly known as Sparkle Agency
"The
Booker" means any individual or company making a booking
enquiry or booking for a DJ or tour or live performer
or show or making an enquiry about or commissioning a design.
"the
Artist "
means any individual or group of persons
or business entity inquiring about or being represented
by the Agency.
All
words referring to the plural shall equally apply to the singular
and all words referring to the singular shall also apply to the
plural. Example: "I/We", "Booker/Bookers"
etc
All words referring
to the masculine shall equally apply to the feminine and all
words referring to the feminine singular shall also apply to
the masculine. Example: "he/she", "his
/her" etc
TERMS OF BUSINESS
Under
the UK employment legislation (The Conduct of Employment Agencies
and Employment Businesses Regulations 2003) effective from 6th
April 2004 we may require certain declarations from artists and/or
their management, or Bookers 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 Bookers as a performer/s
in the entertainment industry.
By
entering into any negotiation or agreement whether written or
verbal or electronic or implied for the booking of artists or
services through the Agency all parties will agree to accept
and abide by the specific terms and conditions of the booking
agreement and the general business terms and conditions as currently
described here.
Representation
by Sparkle 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
Booker, not the Agency.
By
entering into any agreement written or verbal or electronic or
implied for for representation by the Agency the Artist gives
permission for the Agency to enter into transactions with third
parties for the promotion of the Artist via print, verbal or
electronic means at the Agency's cost for the term of the contract.
Where the contract is terminated by the Artist without
the required notice of termination being provided in writing
to the Agency 2 months in advance, or where the Artist terminates
the contract in the first 12 months, or where the Artist breaks
the terms of the contract resulting in suspension from the Agency's
roster the Agency may at their discretion recover from the Artist
the costs of promotional work and third party costs incurred
by the Agency in the 6 months preceding termination date or the
elapsed term of the contract whichever is the shorter period.
All
agreements are deemed to have been made in England and is subject
to English Law.
PAYMENT &
OVERHEAD ARRANGEMENTS
Any
confirmation of a booking is considered final whether written
or verbal or electronic - do not confirm a booking to us unless
you are sure you wish to go ahead and you have the ability to
pay. All cases of defaulted payments are automatically
referred to our UK and international collection agents to instigate
recovery.
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 Booker to the Artist or to the Agency
within 7 days (unless funds are required earlier to ensure flight
availability or visa application) of verbal, written or electronic
confirmation of the booking by the Booker, irrespective of
whether a formal agreement has been signed . Where
the Booker is arranging and purchasing flight tickets and hotel
vouchers on behalf of the Artist these shall be paid for in advance
by the Booker and full details and tickets received by the Artist
at least 14 days in advance of the event.
Payment
details will be advised on booking - we accept cash payment into
our account or bank transfer into our account only. It
is recommended that international Bookers use secure telegraphic
transfer of funds via a reputable bank or cable office. Payment
must be made in the currency stated in the agreement - usually
UK POUNDS, US DOLLARS or EUROS, free of any deduction or exchange
fee.
We
do not accept payment by Western Unionor similar. We accept
credit card payments through Paypal only (add 4% handling fee)
- please advise us at time of booking if you wish to use this
method and we will advise you of the Paypal account and recalculate
your invoice to include the handling fee. Neither the
Agency nor the Artist can accept responsibility for cash payments
sent by post. If we do not receive payment in the timescale
required neither we nor our artists are obliged to fulfil the
contracted booking. No payments will be refunded.
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 in the Artist's own
country of residence is the responsibility of the Artist not
the Agency. All other taxes or insurances that may be levied
in the country of performance are the responsibility of the Booker.
We strongly recommend that both Artist and Booker 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 the laws of their respective
countries.
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.
For
international events the Booker 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 accommodation on behalf
of the Artist. Flight share arrangements are the responsibility
of the Artist if being made at their instigation. The Booker
must seek prior agreement from the Agency before making the artist
available to other Bookers for additional bookings for the purposes
of sharing flight and accommodation travel costs.
CANCELLATION
/ POSTPONEMENT / NON-FULFILMENT
Should
the the event or booking be subsequently cancelled or postponed
or made void for any reason whatsoever the Artist or the Agency
shall give no refund of any portion of the fee and/or travel
and/or accommodation expenses already paid. If the event or booking
be subsequently cancelled or postponed or made void for any reason
whatsoever, excepting cancellation by the Artist , and prior
to payment being received and up to a period of one month prior
to the event 50% of the performance fee is payable by the Booker.
If the event or booking is cancelled or postponed or made void
for any reason whatsoever within one month of the event 100%
of the performance fee is payable by the Booker.
Should
the event be postponed the Artist will not be obliged to accept
a re-arranged booking for the event at a later date. Where the
Artist accepts the re-arranged booking any monies from the Booker
already received by the Artist or Agency for the original booking
will be retained and set off against the performance fee and
deposit for the re-arranged booking.
The
Booker is to supply clear and detailed directions to ensure the
Artist is able to reach the venue. For overseas events, the Booker
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.
Where
the Booker has purchased travel tickets or hotel accommodation
and sufficient notice of cancellation is given by the Booker
to the Artist or the Agency any unused travel tickets or vouchers
shall be returned to the Booker for refund. Where the Artist
or the Agency has purchased travel or accommodation at the expense
of the Booker 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 Booker. Bookers 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 Booker by the Artist. The Artist will take all reasonable
steps to fulfil the engagement or advise the Booker 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 Booker and where agreed by the Booker 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 Booker. The
non-performing Artist shall at the earliest possible practical
time refund the full fee and any pre-paid travel expenses or
obtain refund or return any unused tickets or accommodation vouchers
to the Booker either direct or through the Agency . The Agency
will take reasonable steps to assist the Booker in arranging
transfer of any travel or accommodation documentation to the
replacement Artist providing this is practical in the time available
and providing that any charges relating to the transfer are paid
for by the Booker.
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 Booker.
No
payment shall be made by the Agency to the Booker for any direct
or consequential financial loss incurred as a result of the failure
of the Artist to perform. We strongly recommend that The Booker
take out financial risk insurance against direct and consequential
loss resulting from problems over which neither The Booker nor
The Artist has any control.
FUTURE BOOKINGS
Repeat
bookings from the same Booker or organisation and new bookings
resulting from the artists performance detailed in this contract
must be made through the 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 Booker.
PERFORMANCE
Unless
otherwise stated in this agreement the Artist will perform for
a maximum 2-hours in the Artists usual style to the best of the
artists ability.
TECHNICAL
INFORMATION
Standard
technical set-up required for DJ's unless otherwise stated in
the contract is;
2
x Technics 1200's/1210's or higher industry standard turntables
with minimum +/-8% variable pitch control plus 2 x CDJ turntables
(Technics, Pioneer or Denon), a professional industry standard
mixer such as a Pioneer DJM500/600, equivalent or better with
crossfader, line output faders, pre-fade gain, bass/mid/top EQ
controls, headphone monitoring facility microphone and output
monitor speakers.
All
equipment to be in full working order and spare headshells/styli
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.
BOOKING -
INDIVIDUAL ARTIST CONDITIONS
Booking
contracts may contain additional terms and conditions information
specific to the artist or tour relating to advertising / billing,
flight times, personal requirements, broadcast and recording
rights, sponsorship etc so please read contract terms carefully
to avoid misunderstandings, thank you.
HOW TO CONTACT
US
Should you have other questions
or concerns about our terms and conditions please email us at
bookings@sparkleagency.com
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