M8 Entertainment whose office is at Freckleton, Preston (“Agent”) has prepared these terms and
conditions, for the benefit of the parties.
If you do not understand any part of these terms, please call your representative at the Agent for
clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agent will issue these
terms and conditions and the Entertainment Booking Form (together the “Contract”) to the Client
(as identified in the Entertainment Booking Form) for signature and this must be returned within 2
working days. A copy of this Contract will also be forwarded to the Artist (as identified in the
Entertainment Booking Form) for signature immediately, again to be signed and returned within 2
working days. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will
be a legally binding contract subject to the following non-negotiable terms and conditions of
booking:
- INTRODUCTION
This booking contract is negotiated by the Agent and is made between the Client and the Artist. In
this respect, the Agent is acting as M8 agency in issuing this contract and shall not be held
responsible for a breach of this contract howsoever caused.
All terms used in the Entertainment Booking Form shall apply in these terms and conditions. - CONFIRMING THE BOOKING BETWEEN PARTIES
All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the
Artist, whether in writing (confirmation), verbally or electronically.
The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking
or acceptance of these terms.
M8 Entertainments will store the Contract for safe keeping (copies of which will be readily available
on request) and will continue to act as the Agent and negotiator between both parties for the period
up to and including the Event Date - CHANGES TO THE CONTRACT
The agreed Total Cost may be subject to change if any details of the Contract are altered (by
agreement with both the Client and the Artist).
All changes to the Contract must be arranged and agreed by the M8 Entertainments in advance of
the Event Date. - PAYMENT OF FEES
The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the
Artist’s reasonable travel time and cost). M8 Entertainments shall provide a break- down of the
Total Cost within 14 days of request from the Client, setting out the actual fee payable for the
performance, fees payable for travel, travel expenses and other expenses.
The agreed Deposit is due strictly within 5 working days of invoice. Deposits can only be made via
BACS transfer (Details for payment are set out on the booking form or invoice). The Deposit is nonrefundable.
Unless otherwise agreed by the Artist and the M8 Entertainments in writing on the Entertainment
Booking Form, the Balance is payable to the Artist either in cash or via BACS on the day of the event.
If any fee which the Client is due to pay prior to the Event Date has not been received at least 5
working days before the Event Date, the Artist has the right to terminate this Contract without
penalty and the Client will forfeit any other fees paid previously and remain liable for any
cancellation fees due (see clause 5 below). - CANCELLATIONS BY THE CLIENT
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE. Cancellation by the Client.
The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event
(as defined by clause 18) provided that the Client informs M8 ENTERTAINMENTS as soon as
reasonably practicable on becoming aware of the Force Majeure Event.
M8 Entertainments shall notify the Artist of the cancellation as soon as reasonably practicable after
being informed by the Client.
Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use
all reasonable endeavours to secure an alternative booking on the Event Date either with M8
entertainments or another agency that the Artist uses.
If the Client does not cancel a Contract in accordance with clause above or for any reason other
than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of
the Deposit, calculated as follows:
CANCELLATION PERIOD.
CANCELLATION FEE less than 48 hours after Confirmation and more than 7 days before Event.
Nil amount up to 90 days before Event
75% of Balance 60 days before Event
100% of Balance
Where the Artist has secured an alternative booking the Fee from which the cancellation fee is
calculated shall be reduced by the amount of the fee (being in respect of the performance only)
from the new booking.
All cancellation fees shall be paid to the M8 Entertainments within 14 days of the Event Date who
shall forward the same on to the Artist within 7 days of receipt of clear funds.
It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the
Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the
Client being liable to pay the Total Costs. - CANCELLATION OF THE ARTIST
The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure
Event.
The Artist shall inform M8 ENTERTAINMENTS as soon as reasonably practicable on becoming aware
of the Force Majeure Event. M8 Entertainments shall notify the Client of the cancellation as soon as
reasonably practicable after being informed by the Artist and make all reasonable attempts to find a
suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be
found, the Agent agrees to refund the Client the Deposit plus any other fees already paid in advance.
Without prejudice to any other rights the Client may have, should the Artist purport to terminate a
Contract for any reason other than a Force Majeure Event the Artist shall pay within 5 working days
to M8 Entertainments an administration fee equal to the commission due on the Contract (being an
amount equal to the Deposit). The Artist shall be liable to pay to the Client the difference between
the original Total Cost under this contract and the new fees charged by any replacement artist
arranged for the Client by M8 Entertainments up to a maximum higher price difference of 20% of the
Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the
breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
No refund shall be given to the Client against the Deposit already paid, and no administration
charge will be made to the Artist, if a replacement artist of similar value can be arranged by the
Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the Client
will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement
artist will be due their usual fee. M8 Entertainments shall use reasonable endeavours to contact the
Client and Artist to agree this in advance. The Client shall have the right to reject any last minute
replacement artist. If the Client still requires the replacement artist to perform, then their full fee
will be due. - LATE PAYMENT OF DEPOSIT
Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination
of the Contract by the Client and clause 4 PAYMENT OF FEES shall apply. - LATE PAYMENT OF THE BALANCE
Failure by the Client to pay the Artist within the terms specified will result in interest being charged
on the balance due.
The Artist reserves the right to claim interest on late payments at 3% above the Bank of England
base rate from time to time. - COMPLAINTS
If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of
this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be
made in writing to M8 Entertainments no more than 30 days after the Event Date. Full payment
must still be made to the Artist as agreed in the contract. The Client shall not be entitled to set off
any discount it feels it is due against the payment of the Total Cost. Failure to pay the Artist within
the terms of this Contract will incur charges outlined in clause 8. Whilst M8 Entertainments cannot
be held responsible for the actions or failures of either the Client or Artist, M8 Entertainments will
use reasonable endeavours to settle disputes without the need for either party to take legal action
against each other. Once a written complaint has been made by the Client, M8 Entertainments will
contact the Artist to discuss the complaint and request a written statement detailing their version of
events. M8 Entertainments will act as mediator between Client and Artist in order to come to an
amicable agreement over any refund or expense which may be due. If M8 Entertainments cannot
settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be
entitled to take further legal advice and pursue any other course of action.
Any dispute between the Client and the Artist based on changes to the contract/performance that
were agreed by both the Client and the Artist, but not confirmed by the M8 Entertainments in
writing, shall be dealt with between the Client and the Artist directly. M8 Entertainments shall not
mediate over these changes. - CHANGES OF EVENT DATES
Where possible, changes to the contract schedule which are unavoidable on the Event Date should
first be discussed and agreed with M8 Entertainments should this not be possible, changes are to be
agreed between the Client and the Artist prior to the performance.
If changes negotiated between the Client and the Artist on the Event Date are agreed to incur
additional costs to the Client, the Artist accepts full responsibility for arranging the collection of
additional fees and agrees that these fees will be subject to M8 Entertainments standard rate of
commission. The Artist must disclose to M8 Entertainments additional monies collected within 7
days of the Event Date and account for commission due within 7 days.
Any changes will be subject to these terms and conditions. - DELAYED EVENT AND LATE FINISH FEES.
If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the
Artist is not able to perform their full performance time within the schedule outlined in this contract,
there will be no reduction in the Artists fee.
If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the
booking contract, and the Artist does not agree an additional charge, then 10% of the total balance
due per ½ hour overrun, payable on the Event Date by the Client to the Artist in cash or by cheque
shall become due as a late finish fee. The Artist has the right to refuse to finish later than the
contracted finish time without penalty. - EXTENDED PERFORMANCE FEES
If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform
for longer than the agreed performance times and no additional charge is agreed by the Artist on the
Event Date, 25% of the total balance for every 25% that the originally agreed performance times are
extended, payable by the Client to the Artist in cash or by cheque on the Event Date shall become
due as an extended performance fee.
The Artist has the right to refuse to extend their performance times without penalty. - RE-BOOKING
The Client agrees to negotiate all future bookings of the Artist with M8 entertainments and not with
the Artist directly, for the period covering the issue date of this Contract until 18 months after the
Event Date on this contract.
The Artist agrees not to hand out business cards or any promotional materials bearing their
personal telephone number and/or address, or any other contact details other than those of the
Agent to the Client, their guests, staff, venue or contractors.
If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an
employee of the Venue and/or agent then the Artist shall notify M8 Entertainments immediately
and account to M8 Entertainments an amount equivalent to the Deposit that would have been
payable had the booking been made with M8 Entertainments. - EXPENSES
If this Contract includes a schedule containing the Artist’s requirements for food, accommodation,
dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own
expense.
If the Client has agreed to cover additional expenses incurred by the Artist (including but not being
limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts
and an invoice to the Client within 60 days after the Event Date.
The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice. - SOUNDS LIMITERS AND VOLUME
The adjustment of the volume and sound level of any equipment shall be as the Client reasonably
requires should the Client request such an adjustment.
The Artist cannot guarantee the quality of its performance should the volume be reduced below the
level of any unamplified drum kit and/or backline instruments.
The Artist cannot be held responsible for non-performance in circumstances where a sound limiter
is set so low that live music performance is not possible for an Artist of its type. - USE OF DEPUTY PERFORMERS
This clause covers any person or persons who stand in for one or more of the Artist’s standard group
of performers should they be unable. The Artist will perform using their standard group of
performers as advertised to M8 Entertainments and the Client unless otherwise agreed by the
Agent and the Client in advance, or it is necessary due to a Force Majeure Event. The Artist agrees
that any deputy performers used will be of the same standard and professional competence as the
performer who is to be replaced, and that the deputy will have a good knowledge of the Artist’s
repertoire, and represent the Artist to the same high standard that is known by M8 Entertainments
and expected by the Client.
The Artist agrees that if a standard performer is ill and a suitable deputy performer is available,
provided that this performer can satisfy the conditions of competence outlined above, the Artist
shall use the services of the deputy performer rather than cancel the booking.
The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy
to the Client.
If the Client is not happy with the deputy performer it has the right to cancel the booking without
penalty and the Artist shall be considered as having cancelled the Contract and clause 6 shall apply.
There will be no reduction in the Artist’s fee if a deputy performer is used.
Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has
advertised that alternatives may be used or that it does not use a fixed line up. - FORCE MAJEURE EVENT
A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this
Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified
by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity,
order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign
government policy, act of God) and which is not attributable to any act or failure to take preventive
action by the Artist or Client. - GENERAL
This Contract may be executed in any number of counterparts each of which when executed and
delivered is an original but all the counterparts together shall constitute the same document. The
parties agree that this contract is governed by English law and hereby submit to the exclusive
jurisdiction of the courts of England and Wales. APPENDIX – ARTIST SERVICE GUARANTEE The Artist
agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of
the Artist’s show, as known to M8 Entertainments and as advertised to the Client via distribution of
the Artist’s demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist will
make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all
reasonableness, be polite and courteous with the client, their guests and all venue staff and
contractors. The Artist agrees to provide all equipment required to undertake this performance,
unless the equipment has been contractually agreed to be provided by the Client or a third party. It
is the Artist’s responsibility to ensure the good working order and safety of their own equipment,
and to obtain all necessary insurances & certification. The Artist agrees that their fee is inclusive of
all expenses (except those that have been itemised or accounted for separately on the front of this
contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I.
etc and covers any payments whatsoever due to other members of the band. The Artist will refrain
from excessive drinking before, during and after the performance at all times when the Client or
their guests are present. The Artist will not under any circumstances partake of any illegal drug use
on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their
guests, venue staff or other associated suppliers or artists. The Artist will not smoke in restricted
areas or park their vehicles in restricted areas at the performance venue. The Artist will not display
any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, M8
Entertainments, or the Client. The Artist at the time of agreeing to or signing this contract shall not
be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal
contact information. The Artist must refer all prospective clients resulting from this booking to the
Agent. The Artist shall be suitably and tidily dressed during their performance except with the
consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by M8 Entertainments and they are responsible for their own accounting
and payment of TAX, VAT & National Insurance contributions. The Artist accepts full responsibility
for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000
cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of
their equipment.