FR

About Us Details

Usage - Music Artist

 MUSIC ARTIST BOOKINGS

It is our recommendation that the following terms and conditions are completely understood before making a Music - Artist booking. Our agencies standard practices for bookings are governed by the below booking

terms.

Terms and Conditions

The information contained herein along with the information recorded on any combination of voucher, booking confirmation and release shall form the agreement between the parties relating to each booking.

The failure to sign and/or return a agreement or booking confirmation  while proceeding with the booking will be deemed to be an acceptance by the client of these Terms and Conditions and they shall apply to and

govern the booking between Book Management (hereinafter referred to as Agency), the music artist and the client. Any amendment and/or variations made to the booking confirmation form by the client shall not be

valid and binding unless AGENCY has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has

been included on the booking confirmation form.

In the event of any inconsistency or contradiction between these Terms and Conditions and the booking confirmation form, these terms and conditions shall prevail. 

 

SUBJECT TO CONTRACT: This means until our standard booking agreement or other agreed contract has been signed, no agreement has been concluded.

 

“The company” supplying the artist is Book Management and the person/company hiring the artiste shall be written as “the hirer”. The act/performer shall be written as “the artist” .The person ordering the artist must have the approval of “the hirer” both of whom must sign this agreement. Travel and Accommodation requested must be booked and paid for by the hirer no later than 30 days before the date of the event. Agency reserve the right to terminate the event without refund if this is not provided.  Any non-compliance of this agreement will be treated as breach of contract and 100% Cancellation Fee shall apply. Terms & Conditions shall apply once this order form is signed and returned by the hirer, or in the absence of signature, when the hirer makes any payment towards the cost of the booking. Private contact clause: Direct contact between the hirer and artist, (or the artist’s management/representative) by any method (at any time prior or after event) is strictly prohibited other than to discuss essential details of the event whilst at the venue. Book Management reserves the right to cancel the event at any time with no refund for this breach of contract and may not permit the hirer to making further bookings with the company. If the artist is to be booked again by the same hirer or venue this must be made through BOOK MANAGEMENT if within 12 months of this booking or a Booking Fee of 20% of the artist’s fee will be charged to the hirer for breach of contract on top of the fee paid to artist.

No radio, television broadcast, or media photo/interview involving the artiste may be made without the prior permission of Book Management. The hirer agrees that artist’s fees, commission, or any financial agreements will not be discussed with artist or their management at any time prior or after event. Book Management  reserve the right to cancel the event at any time with no refund for this breach of contract and may not permit the hirer to making further bookings with the company. If the hirer wishes to change the date of this event this will be treated as a full cancellation unless the artist agrees to accept another date. Any additional costs incurred by the artist at the event or at a hotel will not be paid for by Agency without prior authorisation, the hierer is responsible. The hierer is also responsible for any equipment that is to be provided on location and a rider withe the engament contract.  

Book Management will (if required) provide photographs of the artist however high resolution images may not always be available. The hirer may need to source high resolution images from a photo stock agency at their own cost. The hirer must not use any pictures/photos/images/logos/wording for promotion without obtaining prior permission from Artist Entertainment. Flyer artwork/tweets or Facebook or any other social media or form of advertizing must be authorised by Book Managment before going to print/post/uploaded online to website. Incorrect use will result in immediate cancellation of the event and respective cancellation fees shall apply. The hirer agrees not to use any defamatory comments regarding the artist at any time on any form of media or source. The hirer must not use any pictures/photos/images/logos which are subject to copyright. Book Management will not be responsible for any use of copyright material by the hirer.The artist must be advertised only as stated to avoid breach of contract.

The artist will not appear at the event if the deposit payment has not been received  or if any travel or accommodation has not been provided (and paid for in full) as requested by this contract or artist’s rider/request – appropriate cancellation fees shall apply.  Cancellation of this booking by hirer must only be made in writing/email to the Booking Office of Agency. No claim for advertising/damages/travel/accommodation/loss of trade involved shall be made by the hirer if the artist cancels this booking for any reason, at any time. Book Management cannot be held responsible for non-fulfillment of the booking by the artist although every reasonable safeguard is assured. A full refund will be issued in the event of the artist cancelling this booking., or a replacement will be provided. The Agency will terminate the appearance of the artist at any time if health and safety conditions at the venue are not adhered to or if the artist is placed in a position of danger or distress – In this event, neither compensation, nor refund of fees will be paid. The artist will not appear at event if the Technical/Hospitality Rider (if issued) has not been fulfilled as requested prior to event – For “DJ Sets” and “Live performances” Book Managment will terminate the appearance if equipment at the venue is not provided as previously requested or if the venue is not suitable for the performance, and in this situation, no compensation or refund of fees will be paid.

All Funds must be cleared by the due date to prevent cancellation of the event. 

Payment Terms: Full payment is required on booking (unless otherwise arranged), 50% upon signature of contract and 50% on day of show prior to performance. Cancellation by hirer: More than 30 days before date of event, 50% of fee will be payable – Less than 30 days before date of event 100% of fee will be payable – Non-payment of the cancellation fee within 7 days of becoming due will be recovered by Court action.In the event of the artist being unable to perform because of illness or accident the hirer will be informed immediately and a Medical Certificate forwarded to the hirer (if obtained) FULL REFUND of fees shall be made but no additional claim for damages/costs (including Flights/Hotel Rooms/Promotion/Travel) involved shall be made by the hirer. Radio, TV, film, recording production and important media commitments will take priority over this booking and in the event of the artist being unable to perform this event FULL REFUND of fees shall be made but no additional claim for damages/costs (including Flights/Hotel Rooms/Promotion/Travel) involved shall be made by the hirer. Any additional time over the agreed duration at the venue will be at the artist’s discretion. Overtime will be charged accordingly. Any transportation provided by the hirer for the artist must be fully roadworthy/insured and be a reasonable standard of vehicle. If the hirer wishes to amend any wording of these terms this must be done on return for consideration by the company. If acceptable a replacement agreement will be issued.

 

1. Booking

1.1 Booking fees

Unless agreed otherwise and included on the booking confirmation form, booking fees provide an entitlement and right for the client to use the images only for the usage agreed upon and documented on the booking confirmation, and for only that usage.

Please note that such permitted use and entitlement is strictly subject to payment in full of all fees owed to Agency prior to the image’s first use. 

Minimum time for all bookings is half a day, with reasonable exceptions. Booking fees are applicable for the Artist booking time.

Full day - 2 working hours, this includes  prep time, where an hour is 60 minute period.( a full day is considered anywhere between 2 hour period or more.) because artist must reserve that day to prepare for the booking in consideration

Minimum booking - 1 hours -  past 15 minutes charged as one hour.

Past 12 midnight to 6am - charged as double rate.

Meal break - 30 minute minimum (client is responsible for meals on full day bookings and outside the city).

 

1.3 Overtime:

 

Time and one half is charged before 9AM and after 6PM or after 8 consecutive hours, unless specific arrangements have been made with the manager. A special rate is negotiated for night work between midnight and 9AM (usually double time).

 

1.4 Usage

All images are permitted to be used only for what is negotiated in the original discussions and agreements. Any further usage is NOT permitted, including farming out or trading to other companies or people, or posting on personal websites, blogs etc unless previously agreed to and put in writing. Please note the Artist is NOT authorized to sign release forms without the agency having first approved them. Any form signed  that were not approved by the agency will not be valid. Outdoor Applications have a separate charge per year.

 

1.5 Additional expenses

All expenses incurred by AGENCY on the clients’ behalf will be charged to the client 

 

1.7 Rates

All  rates are negotiated separately, and apply to shooting time only. All other usage is to be negotiated beforehand with the agency.

 

Rates : rate varies depending on the experience and the time in which they have been actively working in the industry.

 

Travel Time

 

Travel time will be charged at half the hourly rate. Whenever they are required to be at locations not easily accessible by public transport the client is responsible for traveling expenses incurred beyond public transport point such as car service and taxi etc.

 

First Option Bookings

If the client does not release or confirm the booking 48 hours in advance, the agency reserves the right to cancel the option. If Artist took a day off from work or their "day" job to work your job, and then is no longer needed by you, The agreed rate must be paid in full as they are losing a day’s pay . 

 

Weather Permit Bookings / Postponement

The weather permit - option must be stated at the time of the booking, postponement requires at least 24 hrs notice, otherwise a 50% charge will be made.

First postponement - no charge if job is rescheduled within 7 days. Second postponement - half charge  Third postponement - full charge

All postponements will be charged at the full rate if the same artist is not re - booked.

 

Insurance

Clients are advised to provide insurance coverage for working on locations both local and overseas.

 

Indemnity

The agency acts for and on behalf of the artist and whist making every endeavor to provide a satisfactory and efficient service we cannot be held ultimately responsible for  artist’s conduct on an assignment.

 

Releases:

Will not be valid without agency approval.

 

Complaints:

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

 

2. Location bookings

 

2.1 Transportation

When a location booking is made, the client must provide transport , both to the booking location and back again unless agreed otherwise. If the client fails to provide such transport then AGENCY shall be entitled to collect from the client the cost of the transport procured.

 

2.2 Departure

If  prevented from departing the location according to schedule, half of the day rate will be charged to and payable by the client for each day that the  artist is unable to depart the location.

 

2.3 Safety

The client acknowledges that at all times the artists health and safety is of paramount importance and shall ensure that the highest standards of health and safety are provided. It is the responsibility of the client that the artist is not placed in harm’s way. 

 

3. Additional Services

Additional fees are payable for additional services outside the scope of the booking confirmation that are provided . Fees for such service like appearances at events, will be negotiated on a case by case basis between the client and AGENCY. 

All invoices are to be paid within 30 days of the job or receiving our invoice, whichever comes first. Interest will be charged at 2% per month on all accounts not paid within 30 days.

 

4. Invoicing 

 

4.1 Payment Terms

Payment terms in all cases are noted on the invoice to the client.

 

4.2 Responsible Party

Unless otherwise noted, the person or entity who has requested the  artist , signed the voucher and/or signed the booking confirmation or acknowledged receipt of the booking confirmation accepts responsibility to Agency for services rendered.

AGENCY reserves the right in its discretion to invoice the 'ultimate client', (eg. venue/ promoter /owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the  image and, once agreed, are payable whether or not the right is exercised. Unless Agency specifically agrees otherwise, in writing, no usage for  image is permitted until AGENCY has received payment in full.

 

4.3 Failure to Make Payment

If the client fails to pay in full on the due date any amount which is payable to AGENCY, without prejudice to any other right or remedy of AGENCY, the amount outstanding shall bear interest both before and after any judgment at eighteen percent (18%) per annum compounding daily from the due date until up to and including the date that payment is made in full.

 

4.4 Third Party

In the event that the client is providing the services on behalf of or to a third party end user, in entering into these Terms and Conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:

1.    Enters into an agreement with the client on the same terms as these Terms and Conditions; and

2.    Acknowledges its obligations to AGENCY including but not limited to the obligation to pay AGENCY according to these Terms and Conditions; and

3.    Acknowledges that the third party end user may not use the Image of artist (as defined above) until payment is received by AGENCY and that at all times the third party end user is subject to any restrictions and limitations established in the booking form, release or any other document establishing usage as defined above.

Any fees received by the client from the third party end user relating to any of the rights or benefits conferred on the client by these terms and conditions shall be deposited in a designated Agency account by the client (the Third Party End User Fees). The Third Party End User Fees shall be held in trust for AGENCY as beneficiary until such time as all fees owed by the client are paid in accordance with these Terms and Conditions and any Agreements executed over the course of the booking.

 

5. Exclusivity and Conflicts

Unless otherwise agreed in the booking confirmation, the services to the client is on a non-exclusive basis and the artist shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client.

Should the client or any third party desire to use  image (as described above) on an exclusive basis, the parties shall come to an Agreement with explicit regard to the nature of the exclusivity and the associated rate.

It is the responsibility of the client to conduct any research to determine whether use of the image creates a conflict.

 

6. Provisional bookings

Provisional bookings will be automatically cancelled if they are not confirmed by the client (by signing and returning the booking confirmation form) within 24 hours of the proposed booking. 

 

Cancellation Policies:

 

7.1 Cancellation of booking by client

All cancellations made one (30) days prior to the first day of the booking will be charged full fee. All cancellations made within more then 30 days prior to the first day of the booking will be charged one half fee, which is equivelant to the deposit. . Cancellations of trips or full week bookings must be made one week prior to first day of booking, otherwise full fee will be charged. Regardless of cancellation time, client will reimburse all nonrefundable travel expenses already incurred. Any overtime will be charged accordingly. Options for weather permits must be discussed in advance. Contracts have period and territorial limitations. Extensions or changes of usage dates must be negotiated with Book Management. All bookings, including hours and usages are subject to a 20% service fee.

 

7.2 Cancellation of Booking by Artist

Client holds AGENCY harmless for cancellations made by artist. In the event of cancellation, AGENCY will make best efforts to offer the client a suitable replacement.

AGENCY shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client. It is the responsibility of the client, not AGENCY, to procure the necessary insurance coverage and any other contingencies to protect against such cancellation.

 

8. Meals

Client agrees to provide adequate meals and beverage  (taking into account dietary requirements) during the course of the booking, including during travel.

 

9. Professional Conduct

Client agrees to ensure that the artist is treated respectfully and professionally and take all steps necessary to ensure that the safety, health and well being of artist is protected and maintained at all times during the course of the booking, including during travel. Such steps shall include without limitation:

1.    ensure that the venue for the provision of the services and the working conditions are safe and secure and allow the artist to provide the services in compliance with all health and safety standards, regulations, codes and laws; and

2.    allow to take suitable and regular breaks; and

3.    provide adequate levels of insurance coverage to safeguard the health and safety and future earnings  for the duration of the booking, including travel; and

4.    ensure that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional; and

5.    ensure that no one imposes any action or activity which is either dangerous, degrading, unprofessional or demeaning ; and

6.   the artist can prepare for the provision of the services and also maintain his/her privacy; and

7.    always include a credit in the form of [ artist’s name] @ AGENCY, wherever a credit is applied.

 

10. Warranties

The client warrants and represents to AGENCY that:

1.    It has full capacity to enter into these Terms and Conditions and to perform its obligations under these Terms and Conditions; and

2.    The booking form is executed by a duly authorized representative of the client; and

3.    It will take all steps necessary to ensure that the artist is protected and treated in accordance with all applicable laws; and

4.    It has all necessary permits, licenses and consents to enter into and to perform its obligations under these Terms and Conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and

5.    It will promptly disclose to AGENCY in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable AGENCY to ensure that the artist is suitably prepared and able to perform the services.

 

11. Indemnity

The client shall indemnify AGENCY and keep AGENCY indemnified against all costs, expenses, damages and losses suffered or incurred by Client or any Third Party (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:

1.    Any breach by the client of these Terms and Conditions, including but not limited to, any breach by the client of Section 6 of these Terms and Conditions;

2.    Any claim brought by a third party against AGENCY in circumstances where, as a result of the client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these Terms and Conditions has caused AGENCY to be in breach of the terms of an exclusive agreement with such third party; and

3.    Any breach by the client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time. 

 

13. Intellectual Property Rights

The photographer and/or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any images for any usage beyond that agreed or permitted and documented in the applicable booking confirmation and / or release. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the client is not the photographer, the client shall draw all these Terms and Conditions to the attention of the photographer and procure his agreement to them before the shoot commences.

All rights not expressly granted to the client under these Terms and Conditions are hereby reserved to AGENCY and/or the artist as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or license holder of all commercial rights and intellectual property rights relating to the artist and AGENCY and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the artist or AGENCY other than the rights specifically granted to the client under these Terms and Conditions.

For the avoidance of doubt, not withstanding anything in the booking confirmation form or these Terms and Conditions, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that AGENCY and the artist may use the images resulting from any booking in any form whatsoever, solely in order for the model and AGENCY to promote the artist and in the search of future job opportunities for the artist. The artoist and AGENCY acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these Terms and Conditions.

 

14. Liability and insurance

No party excludes or limits its liability under these Terms and Conditions for:

1. Death or personal injury caused by its negligence; or
2. Fraudulent misrepresentation; or
3. Any other type of liability which cannot by law be excluded or limited.

AGENCY limits its liability under these Terms and Conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of AGENCY for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to AGENCY.

AGENCY shall not be liable for

1.    Loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; or

2.    Product recall costs; or

3.    Failure by the artist to attend a booking for whatever reason; or

4.    Damage to the client’s reputation; or

5.    Consequential, special or indirect loss or damage;

Even if AGENCY has been advised of the possibility of such loss or damage the client shall effect and maintain (and shall require its ultimate client, if any, to maintain) throughout the continuance of this Terms and Conditions insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under these Terms and Conditions. Such insurance policies shall include without limitation:

1.    Cancellation insurance to protect against the potential liabilities which AGENCY and the client may incur, and

2.    Insurance to protect the model and AGENCY should any damage, injury or loss be caused whilst the model is providing services to the client; and

3.    Travel insurance to cover the activities of the model while travelling to and from the location of the services.

 

15. Contract and authority

All matters relating to the use of the artist's image and services, any other services supplied by the artist and all fees must be negotiated and agreed only with AGENCY. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the artisl's signature on any document or the artist's purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the artist or AGENCY unless and until it is agreed in writing by AGENCY (such agreement to be determined in AGENCY’s absolute discretion).

 

16. Complaints and disclaimer

Any cause for complaint must be reported to AGENCY by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst AGENCY will use reasonable endeavors to ensure that the artist provide a satisfactory and efficient services to clients, as the agent, AGENCY cannot be held responsible for a model's conduct or behavior whilst delivering the services and in this regard AGENCY shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any model.

 

17. Force Majeure

AGENCY shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these Terms and Conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by AGENCY including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an "Event of Force Majeure") and AGENCY’s obligations under these Terms and Conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

 

18. Interpretation of Terms and Conditions

For the purpose of the relationship between the client and AGENCY the client acknowledges, accepts and agrees that AGENCY is the supplier of services which shall be strictly and exclusively governed by these Terms and Conditions. If there is any conflict between any of these Terms and Conditions and the booking confirmation then the terms of these Terms and Conditions shall prevail without detriment to the remaining unaffected terms of the booking confirmation form and / or voucher.

The booking confirmation form and voucher are part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions. Any reference to these Terms and Conditions includes the booking confirmation form and voucher.

For the purpose of these Terms and Conditions the words "agreed", means agreed in writing in the booking confirmation form and / or voucher signed by duly authorized representatives of both AGENCY and the client.

 

19. General

If any of the terms, conditions or provisions of these Terms and Conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severered, provided that the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.

Any termination of all or part of these Terms and Conditions shall not affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.

Except as otherwise expressly provided in these Terms and Conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these Terms and Conditions are assumed by such parties jointly and severally.

No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these Terms and Conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege

preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be agreed in writing.

Except as and to the extent expressly otherwise specified in these Terms and Conditions, the rights and remedies contained in these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these Terms and Conditions.

The parties agree to keep, and to instruct its agents, employees, advisers and sub- contractors with knowledge hereof to keep these Terms and Conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances;

1.    To enable enforcement of the party’s rights under these Terms and Conditions; or

2.    With the prior written consent of the other party; or

3.   As required by any applicable law No variation or amendment to the terms of these Terms and Conditions shall be valid and binding unless in writing and signed by an authorized representative of each party.