TERMS & CONDITIONS
1 Payment of Fees
Artistic fees are suggested to be paid as per the structure described below in the above agreement. If the payment is not made on time, Celebrity-Booking.com reserves the right to cancel the booking. In this case, cancellation fees may occur (please see the Clause 4 “Cancellation”). The booking fee shall remain confidential between Celebrity-Booking.com and the client.
2 Non-availability of Artiste
Celebrity-Booking.com enter into a contract with the Artist in good faith but should the artist be unable to complete 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 may have different forms of the possible sollution:
(a) Possibility to switch to the replacing act introduced by our team or alternatively
(b) Inquire for the refund
Subject to Clause 9, we shaSSll have no further liability to you.
3 Alternative Artists
If Celebrity-Booking.com cannot obtain the services of the chosen artist Celebrity-Booking.com will offer you the alternative related artist, and you may either accept or reject any replacing act offered. The confirmation of the replacement Artist must be confirmed by the client’s side in writing and any booking made by Celebrity-Booking.com will be on these terms and conditions.
(a) If you are willing to cancel your booking you must send us prior Notice of Cancellation. Any cancellation will take effect on the day we receive your Notice of Cancellation.
(b) If you fail to make the payment on time in accordance with this agreement, we may regard this as a cancellation from your side.
(c) If you cancel the booking after the Artist has confirmed acceptance of the engagement, you will be liable to pay Celebrity-Booking.com a charge to compensate for any losses and expenses ocurred as a result of the cancellation.
If the agreed fee or (in the event we agree an instalment arrangement with you) or any instalments of the agreed fee shall be not paid on time, and if any other payments are not made when due, we may (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 Artist’s performance and any material used by the Artist during the performance remain vested by the Artist. No electronic or other recordings of the Artiste’s performance is allowed to be made without prior confirmation from Celebrity-Booking.com
7 Technical Facilities
Technical facilities (other than those itemised in the particulars of the engagement or in an artist’s rider) must reflect the professional high quality standard, including sound, lighting, staging and where appropriate projection equipment and operators and etc.
8 The Venue / Insurance
The client needs to ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety standards, licensing and public entertainment legislation and that all necessary licenses are held or obtained. The client has the responsibility to take out and maintain adequate public liability insurance and Celebrity-Booking.com reserves 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. The client has to provide all technical and stage accessories that may be necessary to enable the Artiste to carry out the performance.
9 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 Celebrity-Booking.com for the booking service.
10 Choice of Artiste
(a) You acknowledge and agree that you have selected the artist or (in the circumstances set out in Clauses 2 and 3) any replacement Artist.
(b) Where you require an Artist 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 Artist will deliver the performance as he or she thinks appropriate and you will have no complaint in respect of the Artist’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 Celebrity-Booking.com or the Artiste against any claim whether for damages costs or otherwise which may be caused as a result of any such material.
(d) Celebrity-Booking.com will give the Artiste any material you supply or request, we cannot accept responsibility for any deviation from that material by the Artiste.
(e) Celebrity-Booking.com 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 Celebrity-Booking.com
11 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.
13 Applicable Law / V.A.T.
(a) 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.