Payment of Fees
Fees are payable as per the structure described under payment terms in the above agreement. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges detailed below in Clause 4 headed “Cancellation”. The booking fee for the artiste is to remain confidential between client and Smile and Soul.
Non-availability of Artiste
Smile and Soul Ltd enter into a contract with the Artiste in good faith but should the artiste be unable to fulfill the engagement for reasons of illness or ‘force majeure’ (such as but without limitation war, or threat of war, riot, national mourning, fire, civil strife, industrial dispute, transport delay or adverse weather conditions or for other reasons beyond our control, you can either: (a) Accept a replacement artiste introduced by us or alternatively (b) Ask us to refund all payments you have made to us. Subject to Clause 9, we shall have no further liability to you.
If we cannot obtain the services of the chosen Artiste Smile and Soul Ltd will offer you a replacement, and you can either accept or reject any replacement offered. If you do accept a replacement Artiste you must confirm this to us in writing and any booking made by us will be on these terms and conditions.
(a) If you wish to cancel your booking you must send us Notice of Cancellation in writing by facsimile transmission or by recorded delivery post. Any cancellation will take effect on the day we receive your written instruction.
(b) If you fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by you.
(c) If you cancel the booking after the Artiste has confirmed acceptance of the engagement, you will be liable to pay Smile and Soul Ltd a charge to compensate for any losses and expenses incurred as a result of the cancellation. The nearer the cancellation date is to the engagement date, the greater the charge will be. The sums payable are:
Time before engagement date Cancellation charge (as a % of total booking fee)
More than 90 days 50% 1- 90 days 100%
If the agreed fee or (in the event we agree an instalment arrangement with you) any instalments of the fee are not paid in full on the due date, and if any other payments are not made when due, we can (without prejudice to any other rights we may have under this Agreement) charge interest at the rate of 3% per annum above National Westminster Bank Base Rate from time to time and such interest will be calculated on the outstanding balance. This interest will continue to run both before and after any Judgment we may obtain in a Court. You will also be liable for any legal costs and expenses that we incur on an indemnity basis.
All copyright and other intellectual property rights relating to the Artiste’s performance and any material used by the Artiste during the performance remain vested in the Artiste. No electronic or other recordings of the Artiste’s performance can be made without our prior consent. Where consent for recording is given copies of such recording must be supplied to Smile and Soul Ltd within a reasonable time after the engagement. 7 Technical Facilities Technical facilities (other than those itemised in the particulars of the engagement or in an artistes’ rider) must be of a professional standard, including sound, lighting, staging and where appropriate projection equipment and operators.
The Venue / Insurance
You will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. You have the responsibility to take out and maintain adequate public liability insurance and we reserve the right to request sight of any policy at any time prior to the performance. Failure to have insurance may be regarded by us as a cancellation by you giving rise to the consequences set out in Clause 4 above. You must also provide all technical and stage accessories that may be necessary to enable the Artiste to carry out the performance.Client to ensure adequate access to the performance area and/or parking Space nearby for the duration of the performance at no charge. Client to be responsible for the adequate supervision of all guests and staff at the Venue and to be liable for any theft or damage to any equipment caused by the guests or staff.
Limitations on our Liability
Our liability to you for the non-performance or improper performance of any obligations we may have is limited to the amount you have paid Smile and Soul Ltd for the booking.
Choice of Artiste
(a) You acknowledge and agree that you have selected the artiste or (in the circumstances set out in Clauses 2 and 3) any replacement Artiste.
(b) Where you require an Artiste to perform to a particular brief, and the artiste agrees, you are advised to provide notes and guidance for the artiste. If you do not do this, the Artiste will deliver the performance as he or she thinks appropriate and you will have no complaint in respect of the Artiste’s choice of material.
(c) Where you do supply notes and guidance you warrant that such material is clear and intelligible and is not subject to any copyright or other intellectual property restriction. You agree to indemnify Smile and Soul Ltd or the Artiste against any claim whether for damages costs or otherwise which may be caused as a result of any such material.
(d) Whilst Smile and Soul Ltd will give the Artiste any material you supply or request, we cannot accept responsibility for any deviation from that material by the Artiste.
(e) Smile and Soul Ltd cannot accept responsibility if the Artiste does not carry out the performance in a manner which is satisfactory.
(f) It is agreed and understood that any future engagement of the Artiste by the Client within twenty four calendar months shall be negotiated through Smile and Soul.
Disturbance during Performance
It is accepted that you the client are responsible for the actions of the audience/delegates. In any event of a disturbance eg (but not limited to) unreasonable background noise, throwing of missiles, failure of P.A. system, continual abuse under or not under the influence of alcohol the artiste is entitled to decrease their performance time. In this event the client will remain liable for the full artiste’s fee.
All notices under this Agreement shall be in writing and delivered to you or to us at our respective addresses specified in the Booking Agreement, by first class post, facsimile transmission or personal delivery. Notices by post shall be deemed and notices by facsimile and personal delivery shall be deemed to have been delivered within 24 hours of transmission or such personal delivery as applicable.
Applicable Law / V.A.T.
This Agreement shall be governed by and construed in accordance with the laws of England and the parties to this Agreement agree to submit to the jurisdiction of the English courts. All sums mentioned in the Booking Agreement and the Terms and Conditions, unless otherwise stated, are exclusive of any Value Added Tax that may be payable.
In the event of a dispute or complaint from either the Artiste or the Client, any issue must be put in writing within 48 hours. 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.
Clause headings in these Terms and Conditions are inserted for convenience only and shall have no effect on the constructions of the booking agreement.