Below we explain the contract between you, the Client, and your act or supplier, the Supplier.
If you do not understand any part of these Terms and Conditions, please call Warble Entertainment or seek legal advice before agreeing to them and confirming a booking.
The following definitions refer to the 'Contract' with attached Terms and Conditions, to be taken as a whole.
Warble Entertainment Ltd, Company No. 7406359, is the 'Agent' "We", "Us".
The Deposit is the fee charged by the Agent for communicating with the Client and Supplier and organising and securing a Contract between the Client and the Supplier.
The person who books a supplier is a 'Client'.
A 'Supplier' is the person, persons or business providing services to the Client, including but not limited to entertainment acts and artists, photographers, videographers or any other event supplier.
When a 'Client' wants to book a 'Supplier' the 'Agent' will issue both parties with a 'Contract'. This is a simple booking form with attached Terms and Conditions that outlines what a supplier will provide to a client and how much and when a client will pay for the Services. For the avoidance of doubt, any Contract and associated terms and conditions are agreed between the Supplier and the Client and the Agent is not party to the Contract, and therefore shall not be held responsible for a breach of this Contract however caused.
Separately, the Agent will also outline its one-off Deposit to be paid to the Agent for organising and securing the Contract between the Client and Supplier. This is payable in full in advance before any Contract can be finally confirmed and agreed.
By agreeing to a Contract, a Client agrees that the obligations of the Agent have been entirely fulfilled and the Agent has provided its agreed services.
Terms and Conditions of the Contract
1 | Introduction
1.1 | This contract is negotiated by the Agent and is made between the Client and the Supplier. The Agent is not a party to this Contract and therefore shall not be held responsible for a breach of this Contract however caused.
2 | Bookings
2.1 | All bookings are confirmed immediately upon confirmation of this Contract by both the Client and the Supplier whether this is done verbally, electronically or in writing, and further when the Agent receives its agreed Deposit for matching the Client and Supplier and organising and securing this Contract. All bookings are subject to the following non-negotiable Terms and Conditions. Lack of completion or signature of the Contract does not terminate or invalidate the proposed agreement.
2.2 | A Contract will be issued to both the Client and Supplier to be signed, and is due to be returned within 3 working days. Each party should keep a copy of the Contract.
2.3 | If a Client or Supplier wishes to modify of change a Contract they need to inform the Agent. The Contract may be modified/changed upon agreement from both the Client and Supplier, in advance of the event date. All changes must be notified to the Agent in writing who, if necessary, will re-issue the Contract. In this circumstance the new Contract will void the previous.
2.4 | The agreed total Contract cost and Deposit owed may change, with any alterations agreed by both the Client and Supplier.
2.5 | The Agent will act as negotiator until the date of the event and completion of the Contract. The Agent will not be responsible for any Contract changes or amendments agreed between the Client and Supplier.
3 | Fees
3.1 | Deposits are paid in advance to secure the Contract and are due within 3 working days of issuing the Contract and are paid to the Agent via Credit Card or Debit Card upon receiving their online invoice. The Client understands, appreciates and agrees Deposits are non-refundable as the Agent has to incur significant costs and undertake significant work up front to find the right supplier for you. In the unfortunate circumstances than an event has to be unavoidably cancelled or postponed due to Covid 19 or other matters outside your control, as outlined in Clause 17 below, the Agent will do all it can to help you. We will help you liaise with the Supplier to move a booking to an alternative date or if the Supplier is not available we will do all we can to find an alternative Supplier for you and will move the Deposit to this new booking.
3.2 | Fees paid to the Supplier 'The Supplier Fees' are outlined in the Contract and are due to be paid by bank transfer (BACS) to be received cleared funds a minimum of 7 days prior to the date of the event outlined in the Contract, 'The Event Date'. A Client's bank account details must be confirmed directly with the Supplier at least 4 weeks prior to the Event Date.
3.3 | Payment of fees to a Supplier must be made to the Supplier. The Agent is not able to accept payments on behalf of the Supplier.
4 | Late Payment or Failure to Pay the Deposit
4.1 | If the Deposit is not paid within the 3 working days specified it will be deemed to terminate the Contract, unless otherwise agreed by the Agent in writing.
5 | Late Payment or Failure to Pay the Supplier Fees
5.1 | The Client must pay the Supplier Fees no less than 7 days before the Event Date. If the Client fails to do so, the Supplier has the right to terminate the Contract without penalty. In such an event, the Client will still be subject to the cancelation fees specified in Clause 7.1 of this Contract.
5.2 | The Supplier has the right to claim interest of 5% on top of the balance of any late payments.
5.2.1 | Late Payments will incur a £50 administration fee, payable by the Client to the Supplier before the performance can commence.
5.2.2 | If full payment of the Supplier Fees is not made to the Supplier within 14 days of the due date, the debt may be passed to a Debt Recovery Firm by the Supplier, which will result in additional costs. The Agent is not responsible for the collection of the Balance payment due to the Supplier.
6 | Cancellation
6.1 | Termination of the Contract is not permitted by either the Client or the Supplier unless both parties mutually agree in writing to cancel the booking. Written evidence will be required from both the Client and the Supplier.
6.2 | Any Contract cancellation by either party does not affect the Deposit which is non-refundable.
7 | Client Cancellation
7.1 | If the Client terminates the contract for any reason the following cancellation fees will apply:More than 365 days before event: No Supplier Fee
Less than 48 hours after confirmation (unless booking made within 7 days of event): No Supplier Fee
More than 90 days before event: 60% of Full Supplier Fee
More than 60 days before event: 80% of Full Supplier Fee
60 days or less before event: Full Supplier Fee
7.1.1 | The above cancellation fees are exclusive of the Deposit, which is non-refundable.
8 | Supplier Cancellation
8.1 | The Supplier is not permitted to cancel the booking for any reason.
8.2 | If the Supplier does cancel for any reason, the Client may pursue legal action against the Supplier.
8.2.1 | Such a cancellation will, in addition to Clause 8.2, render the Supplier liable to pay the difference in performance costs between their fee and any replacement Suppliers Fee and Deposit. The Supplier will also pay the Agent a Penalty Fee equal to any Deposit received by the Agent.
8.3 | In the event of the Supplier cancelling, the Agent will use best endeavours to find the Client a suitable replacement Supplier at a similar Supplier Fee. If this is successful and the Client agrees to the replacement Supplier, the Agent would transfer the Deposit already paid to the new booking. If another Supplier cannot be found, despite the Agent's best endeavours, then the Agent will pay the Client any Penalty Fee it receives from the Supplier.
8.4 | If payment of Cancellation and Penalty Fees set out above are not made by the Supplier within 14 days of the cancellation, the debt may be passed to a Debt Recovery Firm which may incur additional costs for the Supplier.
9 | Complaints
9.1 | In the circumstance of either party wishing to make a complaint, it should be made in writing, via the Agent, within 30 days. The Agent will liaise with both parties with the intention of reaching a resolution. Should this be unsuccessful or the matter cannot be resolved, both parties should each seek their own legal advice.
9.2 | Full payment must still be made to the Supplier even where a complaint has been made. Failure to do so will incur the charges outlined above in this Contract.
9.3 | Any dispute made regarding a change to the contract or performance that were agreed by both the Client and Supplier should be dealt with directly between the Client and Supplier.
9.4 | The Agent is not responsible for any failure of the Client or the Supplier.
10 | Responsibilities of the Client
The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Agent, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the 'Additional Information' section of this Contract.
10.1 | The Venue can and will supply a safe power supply.
10.2 | The Venue can and will provide a safe, dry and level performance area for Suppliers who are performing.
10.3 | The Venue holds any relevant licences required for the Supplier to provide their services.
10.4 | The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Supplier, their set or equipment at any risk of harm.
10.5 | For entertainment artists, the Venue does not have any inhibiting noise limiters. If the venue has a limiter please find out the decibel (dB) level it is set at and contact the Agent for more information. The Supplier cannot guarantee the quality of its performance if the sound level is quieter than an un-amplified Drum Kit. The Supplier is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
10.6 | Free Parking should be available to the Supplier and all vehicles associated with the Supplier. If no free parking is generally available, the Client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the Client within 7 days of the performance, with the amount payable within a further 7 days.
10.7 | The Supplier must be provided with a free, reasonable supply of Mineral Water and Soft Drinks for the duration of their time at the venue.
10.8 | The Supplier must also be provided with a hot meal or buffet for any members of its staff. This is negotiable when the Supplier is onsite for less than 3 hours.
10.9 | The Supplier requires an adequate and secure area to change in if required. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable, but the Agent must be notified prior to confirming.
10.10 | The Client must negotiate any further bookings of the Supplier with the Agent, for a period of 18 months after the Event Date and they are precluded from booking directly with the Supplier in that period.
10.11 | The Client must ensure all government guidelines are followed and adhered to for a Supplier to lawfully provide its services. The Supplier accepts no liability for any failure to adhere to such guidelines.
10.12 | For entertainment Suppliers, the Client must let the Agent and Supplier know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the Supplier and/or the Agent.
11 | Responsibilities of the Supplier.
The Supplier is fully responsible for all Clause 11 matters.
11.1 | The Supplier must ensure that they are under no obligation to another performance or booking that may hinder or interfere with this booking prior to signing this Contract, nor take on any such booking or performance subsequent to signing this Contract.
11.2 | The Supplier will endeavour to perform to their highest quality and best ability, in the same manner as is represented by the Agent in the Supplier's promotional material.
11.3 | The Supplier must provide all relevant equipment required to perform their act to the highest standard. This equipment must be annually PAT tested, with Certificates available for inspection upon every booking.
11.4 | The Supplier must hold Public Liability Insurance of minimum £ 1,000,000 cover, with Certificates available for inspection upon every booking.
11.5 | The Supplier shall not drink alcohol excessively (prior, during or post performance).
11.6 | The Supplier shall not use illegal drugs at the event venue, or at all on the day of the event.
11.7 | The Supplier shall dress suitably for the occasion, in agreement with the Client's requests.
11.8 | The Supplier will always remain courteous and polite to the Client, the Venue and the Agent throughout the entire booking process, not harming or damaging any reputation between the parties.
11.9 | The fully-inclusive fee agreed by the Supplier, that is specified in the Contract for the performance, is not subject to change.
11.10 | The Supplier is not employed by the Agent and is therefore fully responsible for their own accounting and legal contributions.
11.11 | The Supplier must contact the Client 4 weeks in advance of the event, unless the booking is made with less than 4 weeks before the date of the performance - in which case the Supplier must contact the Client as soon as possible after the booking is made. This will be to ensure all contracted details are correct and to finalise finer details, such as dress code, refreshments, payment, invoices, parking and performance requests.
11.12 | The Supplier must only display or hand out the Agent's promotional material at the contracted event, also referring all future bookings, enquiries or clients to the Agent. If the Supplier fails to comply with this clause, they will be removed from the Agency and will be liable to pay all cancellation fees as stated above for future confirmed bookings.
11.13 | The Client reserves the right to cancel the Suppliers booking at any time if the Supplier breaches any term of this Contract. The Agent will use best endeavours to arrange for an alternative Supplier for the booking in such circumstances.
12 | Expenses
12.1 | The Client is not responsible for any other Supplier expenses (including but not limited to accommodation, travel, rehearsal time, song download) unless otherwise discussed and stated in the 'Additional Contract Notes' section of the booking form and Contract. If any expenses are agreed the Supplier must supply the Client with an invoice within 7 days of the event, with payment due 7 days after that.
13 | Supplier Equipment
13.1 | Unless given written permission the equipment supplied by the Supplier is not available for use by any other person, guest or performer under any circumstance.
13.2 | The Client must respect that the equipment supplied by the Supplier is expensive, fragile and necessary for their livelihood. The Client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.
14 | Changes to the Agreed Performance Schedule for Entertainment Suppliers
14.1 | When possible any changes to the performance schedule should be discussed with the Agent and should be agreed between the Client and Supplier prior to the performance.
14.2 | If agreed changes incur a later finish time an adequate fee should be agreed between the Client and Supplier and should be paid direct to the Supplier. Any changes are still subject to these Terms and Conditions.
14.3 | If the event schedule over-runs due to no fault of the Supplier, the Supplier holds the right to finish at the agreed set finishing time and will still be due the full payment.
14.4 | If the Client makes a request for the Supplier to perform longer than specified in the performance schedule, on the event date, the Supplier has the right to agree a further fee to do so, payable on the day of the event. They also hold the right to refuse this request, without penalty.
15 | The use of Dep, Deputy or Alternative Performers for Entertainment Suppliers
15.1 | The Supplier should make use of their standard line-up as represented in all promotional material, unless the need arises to use an alternative performer due to unforeseen circumstances. In this instance the Supplier will have suitable Dep, Deputy or Alternative Performers available to cover all parties within the act. These performers should have equal ability and competence, and represent the Supplier in the same style as displayed in all promotional material. The Supplier holds the right to use one or more Alternative Performers without notifying the Client.
15.2 | The Supplier must use an Alternative Performer rather than cancelling a booking. On this occasion a reduction in fee is not applicable, unless the Supplier is being replaced is a Celebrity figure.
15.3 | All Supplier line-ups are subject to change without prior notice, unless the booking is of a Celebrity figure.
16 | Photography and Videography Suppliers
16.1 | The Copyright Designs and Patents Acts assign the copyright of photography or videography to the Supplier.
16.2 | The Supplier assigns full usage rights/print rights to the Client for personal use. The Client may reproduce, copy and distribute the photographs and videography for personal use, but not for any commercial use unless otherwise agreed with the Supplier.
16.3 | The Client allows the Supplier to display any photograph or video covered by this Contract to promote its business in advertising, brochures, magazine articles, social media, websites, blogs, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the Client.
16.4 | Photographs and videos taken for the Client will be at the discretion of the Supplier, although every effort will be made to comply with the Client's requirements.
16.5 | The Supplier shall endeavour to photograph and/or video all individuals or moments as requested by the Client, but the Client recognises a Supplier cannot guarantee this and cannot accept responsibility to provide this for the Client.
16.6 | At certain venues, the Supplier's movements are sometimes restricted by the venue, event or officials. The use of artificial lighting may be restricted or prohibited. The photographing and/or videoing of parts or even all of the ceremony may be restricted or prohibited. The Supplier cannot accept responsibility for any obstructed view should this be the case.
16.7 | The Supplier cannot be held responsible for lack of coverage caused by late timings or arrivals, non-availability of subjects or adverse conditions which may delay the progress of proceedings, of prevent the coverage of certain specified photography or videography.
16.8 | It is understood by the Client that due to a variety of lighting conditions and the limitations of digital sensors, some colours may and may not reproduce exactly in print. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance. Due to the limitations of computer monitors it is understood that images appear differently according to the specification of each monitor and prints will not match images rendered on any particular computer monitor.
16.9 | All print and presentation sizes quoted are approximate and subject to the discretion of the Supplier.
16.10 | Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Supplier will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
16.11 | Images are not to be edited by anyone but the Supplier, including anything that might alter the look and style, or change integrity of the Supplier's work, unless this has been agreed with the Supplier.
16.12 | The Supplier is under no obligation to store copies of digital media files, including photography and videography, for the Client after providing these to the Client and it is the responsibility of the Client to download and store digital media safely and securely.
17 | Force Majeure
17.1 | Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.
17.2 | In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.
17.3 | In a proven case of Force Majeure occurring for a specified period, the Supplier and Client will endeavour to reschedule where possible and the Contract may be transferred to the new scheduled date where this occurs. If a Supplier cannot reschedule, the Agent will use its best efforts to find a new Supplier for you. If, in these circumstances, a new Supplier is found for the same or lower Supplier Fee, then no additional Deposit will be payable and the Deposit will be transferred to this new booking. If the new Supplier Fee is higher than the original Contract, any additional Deposit to confirm a Contract with a new Supplier will be outlined to the Client and mutually agreed with the Client.
17.4 | In any event of Force Majeure the Agent will not be liable for any losses incurred by the Client, the Supplier or any associated third parties.
18 | Breach of Contract
18.1 | The Agent reserves the right to void any Contract between a Supplier and Client if it discovers either party has breached any of these Terms and Conditions.
19 | Jurisdiction
19.1 | The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Contract.
20 | Terms and Conditions
19.1 | If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed or agreed you are bound to all conditions.