The Agent - Red Hat Entertainment
The Client - Whomever is requesting the artist/act
The Artist - The artist/act that is being requested for the upcoming event. This will be an act registered with the agent, or to be formed at request of the client by the agent, to suit the client's needs.
A booking will bring about the issuing of two contracts. One to the client, to be signed and returned within 3 working days, and upon the agent receiving this contract, another contract will be sent to the artist, also to be signed and returned within 3 working days. These contracts, whether agreed to in writing, verbally, or electronically, are legally binding contracts, subject to the following terms & conditions. Lack of completion or a hard copy signature does not terminate or invalidate the agreement.
Client Booking Request Form: Sent to the client, to identify requests and to relay any information necessary to the artist regarding the upcoming event.
Artist Booking Form: Sent to the artist to provide them with all necessary information relating to the proposed event.
A contract will be issued to both the client and the artist for completion, and is due to be returned within 3 working days. The agent will hold both contracts and store them for no longer than 3 years, which will be available upon request.
The booking confirmation contract may be changed upon agreement from both client and artist in advance of given event date. All amendments will be reflected in a newly issued contract, which will void all previous versions of the contract.
Once a booking has been made by the client, and contracts have been received, the agent will introduce all parties by means of an email, including the agent, the client, and the artist.
Payment of Booking Fees:
The deposit payment is due within 3 working days of the issue of the contract to the client. This can be done via credit/debit card or bank transfer, upon receipt of online invoice.
The remaining balance is to be paid to the artist on the day of the event in the form of cash, or if bank transfer is preferred, then this is to be paid directly to the artist at a time prior to their performance at the agreed event (no less than 7 working days prior to event). The artist will supply transfer details to the customer should this be the preferred method of payment.
Late Payment/Failure to Pay Remaining Balance:
The client is required to pay the remaining balance to the artist in the agreed upon time. Should the client fail to pay the remaining balance in the agreed upon time by the client and artist, the artist has the right to terminate the contract without penalty, and the client will be subject to the cancellation fee outlined below.
Any late payment will incur an administrative fee of £50 payable to the agent, and the artist has the right to claim 5% of the remaining balance from the client, on top of the remaining balance.
If payment has not been made by the client to the artist within 14 days of the agreed date, the debt may be passed to a debt recovery agency by the artist. The agent will not be responsible for the recovery of the remaining balance due to the artist.
Neither the client, nor the artist, has the right to terminate the contract once it has been agreed upon by both parties. Except in circumstances of:
-Force Majeure (defined at the end of these T&C’s)
-Mutual agreement by both client and artist to cancel event
N.B. In the event of mutual agreement to cancel the event after return of the contracts, the deposit is surrendered to the agent.
Should the client cancel the event for any other reason than force majeure, then cancellation fees will apply, payable by the client to the artist. This is worked out as a percentage of the remaining fee to be paid to the artist. They are as follows:
A year or more - 5%
Above 1 month, but less than 1 year - 20%
Above 1 week up to 1 month - 50%
1 week or less - 100%
If the artist can secure another booking via the agent, then the total cancellation fee can be offset by the fee of the new booking. Should the fee of the new booking be equal to, or more than the original remaining balance to be paid to the artist, then 5% of original fee will be owed to the artist.
The artist cannot cancel the booking for any other reason than force majeure. In the event of force majeure, the agent will make every possible effort to find a suitable replacement artist. Should the client agree to the new artist, the deposit originally paid, would not be refunded, but transferred to the new booking, and the remaining balance payable to the artist shall be to the value of the replacement artists new fee.
Venue - With regards to the venue/performance area, the client will need to secure the following:
A safe, dry, level performance space
A minimum of 2x 240V electricity sockets
A free, reasonable supply of mineral water/soft drinks for the duration of their time at the venue
A hot meal, or access to a buffet.
A safe, secure changing area.
Free parking for the vehicles associated to the artist. Should this not be possible, the client is liable for any parking costs. The artist will need to provide receipts/invoices of any parking fees to the client within 7 days of the event. The client is not liable for any payment of any penalty charge notices (PCN’s).
The client will also need to ensure that the venue has all relevant licensing in place, and to ascertain whether there is a noise limiter in place. If so, the client will need to find out the decibel level at which the limiter kicks in. Should this be quieter than the decibel level of an unamplified drum kit, then the artist is not liable for any loss of quality to their performance.
Unless written permission is given, the client will not expect the artist to allow their equipment to be used by any other person, guest, or performer under any circumstance. The client must respect that the artist’s equipment is fragile, expensive, and necessary for their livelihood. Should the equipment sustain any damage at the hands of any member of the client's party, the client will be liable for full payment of any repairs/replacement necessary.
The artist shall at every point throughout their dealings with any/all parties, be polite, courteous, and professional. It is their responsibility to make sure there are no other conflicting obligations that could interfere with this booking prior to signing the contract. With regards to their performance, they shall endeavour to perform to the highest possible standard, as depicted in their promotional materials. The artist shall dress suitably for the occasion, and in agreement with the clients request. The artist shall provide all the necessary equipment required for their performance, which must be annually PAT tested, with certification available for viewing upon every booking. The artist will also hold their own public liability insurance, with a minimum cover of £1,000,000 with certification available for viewing upon request. After the introduction of client and artist via email, the artist shall contact the client one month prior to the event, to finalise any finer details, and to ensure that all information on the contracts is accurate and correct to the best of their knowledge.
The artist will not drink alcohol excessively prior to, during, or after the event. They will also not use any illegal drugs at any point on the day of the event. The artist will not conduct themselves in any way which will harm the reputation of any party involved.
The artist is not an employee of the agency, and as such is responsible for their own accounting matters. The fee that was agreed by the artist in the contracts is not subject to change.
The artist will also not hand out their own promotional materials at the event, but will be provided with their own personalised agency business cards, in person or electronically. Should the artist hand out their own promotional materials, they will be removed from the agency, and they will be liable to pay the cancellation fees as stated earlier in these terms and conditions for any future confirmed bookings.
The client is not responsible for the payment of any other expense than those outlined in the additional relevant info section of the contract. Of the agreed expenses, the artist will need to provide an invoice to the client within 7 days, with the payment to the artist due within 7 days of the client receiving the invoice.
Changes To Agreed Performance:
Where possible, any changes to the performance should be discussed with the agent prior to the event. If this cannot be done (e.g on the day of the event), then the client needs to discuss with the artist, and agree any changes prior to their performance. If the agreed upon changes incur a later finish time, then an adequate fee should be agreed between both parties. This will need to be paid direct to the artist on the day of the event. This is also applicable if the client requests that the artist perform for longer than the previously agreed times outlined in the contract. If the event schedule runs over the agreed time, at no fault of the artist, then the artist retains the right to finish at the agreed upon time as outlined in the contract, and will still be due the full payment. The artist retains the right to refuse to play for a longer time than agreed, with no penalty.
The artist shall make every attempt to deliver the line-up as shown on their promotional materials. But should the need to use an alternative performer arise, the artist will book a suitable performer of equal ability, and competence, to fill the place. The artist holds the right to use one or more alternative performers without notifying the client. They will use an alternative performer rather than cancelling the booking, and in this case the performance fee will remain the same, as all artist line-ups are subject to change.
The phrase force majeure has been used a number of times in these T&C’s, the definition of this phrase is “unforeseeable circumstances that prevent someone from fulfilling a contract.” This includes, but is not limited to; death, illness, accident, war, terrorism, act of nature (flooding, earthquake, fire, hurricane, natural disasters etc), and any other force the artist has no control over. Should force majeure apply, then the artist will provide evidence of their action to prevent or work around the circumstances, and upon proof they will be due the cancellation fees as outlined earlier in this document.
Should there be anything in these terms and conditions that is not understood, please contact us directly as we would be happy to clarify any points that are not immediately clear. Once the contracts have been signed, all parties are bound to these terms.