Something not clear enough? We want you to understand and feel comfortable with the terms of any booking made through us, so please don't hesitate to contact us for any clarification required.
ACT
- Any act, artiste, performer, entertainer, dancer, musician, or group
of, with whom you contract or wish to contract in relation to (or a
series of) engagements.
BOOKER - Any venue, individual, company
or organisation responsible for hiring an ACT.
ENGAGEMENT - Any
booking made between 'booker' and 'act' for the services of an 'act'.
THE AGENT - Brady's Irish Music Agency.
This booking
contract is negotiated by Brady's Irish Music Agency (the ‘agent’)
between the ‘booker’ and the ‘act’.
In this capacity Brady's
Irish music agency cannot be held responsible in any way for non
fulfilment of bookings or non payment of fees. However, Brady's Irish music
agency undertakes to make every reasonable endeavour to protect
the interests of both 'booker' and 'act'.
For the purpose of
complying with DTI Regulations (The Conduct of Employment Agencies and
Employment Businesses Regulations 2003) we confirm that we act as an
employment agency and do not operate as an employment business.
We are mediators between 'booker' and 'act'.
We are not
authorised to enter into or sign any agreement with you on the Act's
behalf.
We will not enter into agreements with the Act on your
behalf.
We will negotiate and agree with you the terms on which
the 'act' will perform any Engagement(s) and draw up the agreement
between you and the Act.
2. Confirming the booking:
A)
'Confirmation' will mean any electronic, written or verbal acceptance of
this booking by both the 'booker' and the ‘act’.
B) All bookings
are effective immediately upon 'confirmation'.
C) Failure to
sign or return this written contract is not acceptable as cancellation
of the booking or acceptance of these terms.
Upon 'confirmation'
of the booking, Brady's Irish Music Agency will issue a contract to the
'booker' for signature which must be returned within 72 hours. A copy of
this contract will be forwarded to the 'artist' for signature
immediately, to be signed and returned within 72 hours.
Both the
‘booker’ & the ‘act’ may keep one copy of the contract for their own
records. (Further copies are available on request)
Brady's Irish
Music Agency will hold the signed contract(s) for safe keeping and will
act as the ‘agent’ negotiator and mediator between both parties for the
period up to and including the date of the event, and for 18 months
after the event.
3. Alterations to contract: The agreed booking
and or engagement fee(s) may be subject to alteration (in agreement with
both the 'booker' and the ‘act’) if any details on the contract are
changed. All changes to the contract must be agreed and arranged via
Brady's Irish Music Agency in advance of the event.
4.
Payment
of fees: The agreed booking fee or deposit is due strictly within 7
working days of confirmation of the booking or sooner where necessary or
required, for example: Where the booking is within 7 days. Deposit may
be paid by BACS transfer, cheque, (as stated on your contract &
invoice.) or in certain circumstances via credit card or debit card
through PAYPAL. Unless otherwise agreed by the 'act' and Brady's Irish
Music Agency specifically in writing in the wording of your contract,
the balance is payable to the ‘act’ in cash or via cheque on the day of
the event, either prior to, or on completion of the performance, as
specified in the wording of the contract. If, in exceptional
circumstances, any fee which the 'booker' has agreed to pay prior to the
event has not been received at least 7 working days before the event,
the 'act' has the right to cancel this booking without penalty and the
‘booker’ will forfeit any other fees paid previously, and remain liable
for any cancellation fees due (see clause 5.)
5.
Cancellations:
Cancellation by the ‘booker’: Cancellation by the 'booker' is not
permitted for any reason other than circumstances covered by 'force
majeure' (see clause 14.) In the event that the ‘booker’ cancels the
booking, the 'booker' agrees to inform Brady's Irish Music Agency
immediately. Brady's Irish Music Agency agrees to inform the ‘act’ of
the cancellation immediately. In the event of cancellation of an
engagement by the 'booker' the following fees will be payable:
Where the 'booker' cancels the event within two days of confirming, no
fee will be payable and any booking fee or deposit already paid will be
refunded 100% less 15% administration costs, unless the engagement is
within seven workings days of the confirmation in which case the full
fee will be payable and will result in loss of any booking fee or
deposit paid.
Other than in circumstances stated above, where
the 'booker' cancels 90 days or more prior to the date of the
engagement, this will result in loss of any booking fee or deposit paid
and up to 50% of the remaining balance.
Where the 'booker'
cancels within 90 days prior to the date of the engagement, this will
result in a loss of any booking fee or deposit paid and 100% of the
remaining balance due.
Cancellation by the ‘act’: Cancellation
by the ‘act’ is not allowed for any reason except circumstances covered
by 'force majeure' (see clause 14.) In the event that the ‘act’ cancels
the booking, the ‘act’ agrees to inform Brady's Irish Music Agency
immediately.
Brady's Irish Music Agency agrees to inform the
‘booker’ of the cancellation and make all reasonable attempts to find a
suitable replacement 'act' of similar standard and style, at no extra
cost to the ‘booker’.
Should a suitable replacement not be
found, Brady's Irish Music Agency agrees to refund the ‘booker’ their
deposit plus any other booking fees already paid in advance. Should the
‘act’ cancel a booking under circumstances not covered by 'force
majeure' (see clause 14) the ‘booker’ may seek damages from the ‘act’ as
they see fit.
The ‘act’ also agrees to pay Brady's Irish Music
Agency an administration fee equal to the booking fee or commission due
on the engagement (referred to previously as the ‘deposit’) and this
must be paid to Brady's Irish Music Agency within 7 working days.
There will be no refund given to the 'booker' against the booking
deposit already paid, and no ‘administration charge’ will be made to the
‘act’, if a replacement ‘act’ of similar value can be arranged by
Brady's Irish Music Agency and agreed by the 'booker'. However, should a
replacement ‘act’ charge a much lower fee, the 'booker' will be refunded
a proportionate amount of their booking deposit and the replacement
'act' will be due their usual fee.
Where possible, the 'booker'
and ‘act’ will be contacted to agree this in advance. If a replacement
‘act’ is required at short notice (within 24 hours) and the 'booker'
will not accept the replacement act, they must not allow the replacement
‘act’ to perform. If the replacement ‘act’ is allowed to perform, their
full fee will be due.
6. Failure to pay or late payment of
booking fee or deposit: Failure by the 'booker' to pay the booking fee
or deposit within the terms specified will result in 'booker' being in
default of contract. The booking will be cancelled and the 'booker' will
be bound by the cancellation clauses in part 5 of these terms and
conditions.
7. Complaints: Should the ‘act’, through fault of
their own, not fulfil part of the engagement schedule or break the terms
of this contract and the 'booker' would like to claim a reduction on the
‘acts’ fee, a complaint must be made in writing to Brady's Irish Music
Agency no more than 30 days after the event. Full payment must still be
made to the 'act' as agreed in the contract. Withholding payment is
illegal. Failure to pay the ‘act’ may render the 'booker' subject to
prosecution. Whilst Brady's Irish Music Agency cannot be held
responsible for the behaviour of either the 'booker' or ‘act’, or
failure of either the 'booker' or ‘act’, to honour any part of this
contract we will make every reasonable effort and endeavour 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 'booker' or
the 'act, Brady's Irish Music Agency will contact the both 'booker' and
'act' to discuss the complaint and request a written statement detailing
their version of events. Brady's Irish Music Agency will act as mediator
between 'booker' and ‘act’ in order to come to an amicable agreement
over any refund or expense which may be due. If Brady's Irish Music
Agency cannot settle the dispute to the mutual satisfaction of both
'booker' and ‘act’, both parties must settle the matter directly via
their own legal representatives. Any dispute between the 'booker' and
‘act’ that relates to changes to the terms that were originally agreed
by both the 'booker' and the ‘act’, but not contained within this
contract and not confirmed by Brady's Irish Music Agency in writing,
must be settled between the 'booker' and the ‘act’ directly. Brady's
Irish Music Agency will not be able to mediate over any such changes.
8. Delays and extra engagement costs: If an engagement schedule
is altered by the 'booker' and is not the fault of the ‘act’, resulting
in the ‘act’ not being able to perform their contracted performance time
within the schedule outlined in this contract, there will be no
reduction in the ‘acts’ fee. If the engagement runs late and the ‘act’
agrees to finish later than the finish time in the booking contract, any
extra fees must be negotiated and agreed by the 'booker' and 'act' and
paid to the 'act' in cash or by cheque on the day. The 'act' is under no
obligation to perform outside of their contracted times and shall be
paid their contracted fee without penalty.
9.
Re-booking of the
‘act’: The 'booker' agrees to negotiate all future bookings of the ‘act’
with Brady's Irish Music Agency and not with the ‘act’ directly. This
remains in force from the date of issue of this contract until 18 months
following the event date on this contract. The ‘act’ agrees not to
supply to the 'booker' any direct contact details other than those of
Brady's Irish Music Agency for future bookings. If directly approached
or propositioned, the ‘act’ must inform the 'booker' or any connected
party or person to contact Brady's Irish Music Agency. Should an 'act'
dishonour these terms of this contract, they will cease to be used by
Brady's Irish Music Agency and become liable for commission on any
bookings obtained from such contravention.
10.
Rider - Special
Conditions: This contract may, where appropriate, be subject to a
‘rider’ and where listed 'special conditions', containing the ‘acts’
requirements for food, accommodation, changing rooms, technical
specifications, transport, etc (please see full ‘act rider’ and 'special
conditions' on the front of this contract)
11.
Expenses: If the
'booker' has agreed in the wording of this contract to cover additional
expenses incurred by the ‘acts’ (i.e.: travel, food, hotel, flights) the
‘acts’ must provide receipts and an invoice to the ‘client’ within 30
days after the event. The 'booker' must reimburse all expenses to the
‘acts’ within 7 days of invoice.
12. Act performance and
behaviour guarantee: The ‘act’ agrees to supply all equipment required
to undertake this performance, unless the equipment has been
contractually agreed to be supplied by the ‘booker’ or an appointed
supplier. It is the ‘acts’ responsibility to ensure the safety and good
working order of their own equipment, and to obtain all necessary
insurances & certification to make such equipment fully compliant with
all legal requirements. The ‘act’ agrees to provide a performance that
is to the best of its ability. The ‘act’ will make every effort to
ensure their performance is first class, comply with the 'booker’s'
directions within due reason, be courteous, civil and polite with the
booker, their staff, customers or guests and to be on their best
behaviour at all times. The ‘act’ agrees that their fee is inclusive of
all expenses (except where stated otherwise on the front of this
contract), and includes any payments whatsoever due to other members of
the ‘act’. The ‘act’ will refrain from excessive drinking and will not
under any circumstances partake of any illegal drug use on the day of
the event, before, during or after the performance at any time when the
‘booker’ or their customers or guests are present. The ‘act’ will not
engage in anti-social, illegal or in any way that will reflect badly
upon Brady's Irish Music Agency, the ‘booker’ or themselves. The
adjustment of the volume and sound level of any equipment shall be
subject to the approval of the ‘booker'. The ‘act’ at the time of
agreeing to or signing this contract undertakes that they are not tied
to any contract to a third party that would prevent them from fulfilling
the booking. The ‘act’ is not employed by Brady's Irish Music Agency and
they are fully responsible for their own accounting and payment of TAX,
VAT & National Insurance contributions. The ‘act’ 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.
13. ‘Act(s)’ instruments and equipment: It is
agreed by the 'booker' and the ‘act’ that the equipment and instruments
of the ‘act’ are not available for use by other performers or persons
except by specific permission of the ‘act’.
14.
Force Majeure:
In cases of ‘Force Majeure’ which shall be known as war, fire, death,
illness and/or any other incapacity certified by a properly qualified medical
practitioner or by an order of Government or local authority having
jurisdiction in the matter, pandemic, accident, civil commotion, national calamity, changes in law, foreign government policy,
or act of God, which
is/are not attributable to any failure to take preventive action by the
‘act’ or 'booker', then the ‘act’ or 'booker', may cancel this booking
without penalty. The booker may use the original deposit against a
booking for a later date for an indefinite period.
15. Public liability and health and safety at
venue: To comply with an 'acts' public liability insurance
terms and conditions and to adhere to legal and obvious health and
safety issues, it is the responsibilty of the 'booker' to ensure that
the venue provides a safe setting up and performance area for the 'act'.
This requires a safe distance and separation between the peformance
area/stage and performer(s) that does not involve potential infringement
by guests within their workspace or close proximity to their equipment
or instruments, thereby protecting both performers and guests from
possible injury.
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data or require any further information, please do not hesitate to
contact us and we will be more than happy
to clarify any points that you may raise.
booking process?
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