Terms & Conditions

TERMS AND CONDITIONS OF BOOKING

 

SHOWBOTT ENTERTAINMENT have written these terms and conditions for the benefit of all parties. If
you do not understand or agree with any part of these terms, please call us on 01132 784382 or email
info@showbott.com for clarification. Alternatively, please refer to our frequently asked questions at:
http://www.showbott.com/faqs

Once the Client has confirmed a booking (in accordance with clause 2.1 below), the Agent will issue these
terms and conditions and the Entertainment Booking Form (together with the “Contract”) to the Client
(as identified in the Entertainment Booking Form) for electronic signature and this must be returned
within 48 hours. 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 48
hours of issue.

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:

1. Introduction

1.1 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 an employment agency in issuing this contract and shall not be held
responsible for a breach of this contract howsoever caused.

1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.

2. Confirming the booking

2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the
Artist, whether orally, electronically or in writing.

2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking
or acceptance of these terms.

2.3 The Agent 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, and for a further period of 90 days if required.

3. Changes to a contract

3.1 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).

3.2 All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.

3.3 There will be an additional £50 fee for every alteration to a contract after it has been signed. This                                includes a change to the event date, event address or in relation to the choice of Artist. This does not
include a change to event timings.

4. Payment of fees

4.1 The Total Cost is inclusive of all reasonable expenses (including but not being limited to the Artist’s
reasonable travel time and costs). The Agent shall provide a breakdown of the Total Cost within 14 days
of request from the Client, setting out the actual fee payable for the performance (“Fee”), fees payable
for travel, travel expenses and other expenses.

4.2 The agreed Deposit is due strictly within 48 hours of invoice. Deposits must be paid using the secure
online payment system provided. The deposit is non-refundable under any circumstances.

4.3 Unless otherwise agreed by the Artist and the Agent in writing on the Entertainment Booking Form,
the Balance is payable to Showbott Entertainment by bank transfer up to three working days prior the
event. Failure to provide payment before the event will result in the performance not going ahead as-per
the booking the contract.

4.4 If any fee which the Client is due to pay prior to the event date has not been received at least 3
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).

5. Cancellation by the Client:

THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
5.1 The Client shall have the right to terminate this Contract only in the case of an ‘Unavoidable
Occurrence’ (as defined by clause 18) provided that the Client informs the Agent as soon as reasonably
practicable on becoming aware of the ‘Unavoidable Occurrence’.

5.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being
informed by the Client.

5.3 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 the Agent or
another agency that the Artist uses.

5.4 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than an
‘Unavoidable Occurrence’, the Client shall be liable to pay a cancellation fee, in addition to loss of the
Deposit.

Cancellations are sometimes necessary and often arise from a difficult situation. Our personable staff are
on hand to help and make things easy when dealing with a delicate situation. Please call us on 01132
784382 or email info@showbott with your booking reference and we will deal with the request as swiftly
and sensitively as possible.
Please note: You need to contact us as soon as possible so that we can inform the Artist and start
cancellation proceedings.

5.4.1 Cancellation Fees
If the Client needs to cancel the booking, they are breaking the terms of this legally binding contract and
will therefore have to pay a cancellation fee.

Fees are listed below and dependent on the time of the cancellation. These are calculated as follows:

• Cancellation by the Client within 24 hours of receiving the contract: No cancellation fee, but your
deposit will not be refunded. (Please note, this is not applicable if your event is within 7 days of
booking; in which case the full balance is still due).

• Cancellation by the Client up to 90 days before the event: 50% of the remaining balance owed on
your contract would be due and your deposit will not be refunded.

• Cancellation by the Client up to 60 days before the event: 75% of the remaining balance would be
due and your deposit will not be refunded.

• Cancellation by the Client less than 60 days before the event: 100% of the remaining balance
would be due and your deposit will not be refunded.

These policies are in place so that the Artists do not suffer loss of earnings due to cancellation. The
respective timescales allow adequate time for them to make another booking on the required date.

5.5 All cancellation fees shall be paid to the Agent within 14 days of notifying us of the cancellation, who
shall forward the same on to the Artist within 7 days of receipt of clear funds.

5.6 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.
6. Cancellation by the Artist

6.1 The Artist shall have the right to terminate this Contract only on the occurrence of an ‘Unavoidable
Occurrence’.

6.2
The Artist shall inform the agent soon as reasonably practicable on becoming aware of the
‘Unavoidable Occurrence’. The Agent shall notify the Client of the cancellation as soon as reasonably
practical 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 any additional fees already paid in advance. The deposit remains non-refundable.

6.3 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a
Contract for any reason other than a ‘unavoidable occurrence’ the Artist shall pay within 5 working days
to the Agent 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
the Agent 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.

6.4 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 have their
remaining balance updated in accordance with this price change. The Agent shall use reasonable
endeavours to contact the Client and Artist to agree this in advance.

6.5 The Client shall have the right to reject any last minute replacement artists provided that the
replacement artist is not required to perform. If the Client still requires the replacement artist to perform,
then their full fee will be due.

7. Late payment of deposit

7.1 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 5.3 shall apply.

8. Late payment of the balance

8.1 Failure by the Client to pay the Agent within the terms specified will result in interest being charged
on the balance due.

8.2 The Artist reserves the right to claim interest on late payments at 3% above the Bank of England base
rate from time to time. Non-payment of the balance will result in legal action and any payment
outstanding from the Client outside of these terms will be referred to the Agent’s recovery company.

9. Complaints

9.1 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 the Agent no more than 30 days after the Event Date. Full payment must still be made to
the Artist (via the Agent) 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 above.

9.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist,
the Agent will use reasonable endeavours to settle disputes without the need for either party to take
legal action against each other. Once the Client has made a written complaint, the Agent will contact the
Artist to discuss the complaint and request a written statement detailing their version of events. The
Agent 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 the Agent 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.

9.3 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 Agent in writing, shall be dealt
with between the Client and the Artist directly. The Agent shall not mediate over these changes.

10. Changes on the Event Date

10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should
first be discussed and agreed with the Agent. Should this not be possible, changes are to be agreed
between the Client and the Artist prior to the performance.

10.2 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 the Agent’s standard rate of commission.
The Artist must disclose to the Agent additional monies collected within 7 days of the Event Date and
account for commission due within 7 days.

10.3 Any changes will be subject to these terms and conditions.

11. Delayed event schedules and late finish fees

11.1 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.

11.2 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 1⁄2 hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall
become due as a late finish fee.

11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.

12. Extended performance fees

12.1 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.
12.2 The Artist has the right to refuse to extend their performance times without penalty.

13 Re-engagement of the Artist

13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent 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.

13.2 The Artist agrees not to hand out business cards or any promotional materials bearing their personal
telephone number, address, website, social media or any other contact details other than those of the
Agent to the Client, their guests, staff, venue or contractors.

13.3 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 the Agent immediately and account to
the Agent an amount equivalent to the Deposit that would have been payable had the booking been
made with the Agent.

14. Expenses

14.1 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.

14.2 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.

14.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.

15. Sound limiters & volume

15.1 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.

15.2 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.

15.3 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.

16. Artist equipment

16.1 It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not
available for use by other performers or persons without the written consent of the Artist.

17. Use of alternative/deputy performers

17.1 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.

17.2 The Artist will perform using their standard set of performers as advertised to the Agent and the
Client unless otherwise agreed by the Agent and the Client in advance, or it is necessary due to an
‘Unavoidable Occurrence’. 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 the Agent and expected by the Client.

17.3 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.

17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to
the Client.

17.5 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. In
this instance, the deposit remains non-refundable.

17.6 There will be no reduction in the Artist’s fee if a deputy performer is used.

17.7 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.

18. ‘Unavoidable Occurrences’

18.1 An ‘Unavoidable Occurrence’ 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, pandemic/epidemic (see clause 19 below), 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. Deposits are non-refundable with no automatic right to
transfer the booking to another date if a force majeure event occurs.

18.2 This clause covers any booking affected by Pandemics, such as Covid-19.

18.2.1 If the Client decides to postpone their event due to Covid-19, the Agent will not charge a fee for
altering the booking up until 21st June 2021 as a gesture of goodwill. Any postponements after this date
outside of Government-enforced restrictions will incur a £50 administrational fee.

18.3 If the Client is considering postponement of their event, we strongly recommend the Client checks
the alternative date options with us for the Artist’s availability before moving to a new date, as this could
otherwise be perceived as a cancellation should the artist not be available on the new date (see clause 5).

18.4 If the event cannot take place due to Government-enforced restrictions, then there would be no
cancellation fee to pay.

18.5 If the Client decides not to run the event despite it being able to legally take place, then Cancellation
Fees are applicable (see clause 5.4.1)

18.6 In either instance, the deposit paid to secure the booking is non-refundable as stated in the signed
contract at the time of booking. Under entertainment booking contracts, deposits are usually nonrefundable with no automatic right to transfer the booking to another date if a force majeure event
occurs. However, Showbott Entertainment has introduced a temporary goodwill policy to allow
customers whose events can’t happen due to Covid restrictions to have their booking deposits credited
to their account so that they can be used against the deposit due on re-arranged bookings or new
bookings.

19. Rights of Third Parties

19.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance
with the Contracts (Rights of Third Parties) Act 1999 by the Agent.

19.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by
virtue of that Act.

20. General

20.1 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.

20.2 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 the Agent and as advertised to the Client via distribution of the
Artist’s audio, 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, The Agent, 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 the Agent 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.