Blueskies Entertainment - Our Terms and Conditions

To be read by the 'client' and the 'artist' before entering into contract.

Blueskies Entertainment has made every effort to word these terms and conditions in plain English and has clarified various definitions and clauses where necessary to the best of its ability. If you do not understand any part of these terms, please call us for clarification or seek legal advice before agreeing to them. If you require these terms and conditions in French, Spanish, German or Italian please contact us before making a booking.

Any booking (confirmed in writing, verbally or electronically) will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:

1. Definitions

This booking contract is negotiated by Blue Skies Entertainment (the 'agent') between the 'client' and the 'artist'. Therefore, the 'agent' is acting as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.

All bookings are subject to a client fee called 'the booking fee' which is split into two parts. The 'deposit' means 13.04% of the booking fee and the 'balance' means 86.96% of the booking fee. (See clause 4 for more details.)

The 'artist fee' means the amount, previously agreed by the 'agent', which the artist requires for a booking.

'Performance time' is the maximum length of times an artist/s will perform during each booking. This will be stated in any contract.

2. Confirming the booking

Confirmation:
i) 'Confirmation' means any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'artist'.
ii) All bookings take effect immediately upon 'confirmation'.
ii) Non-signature/non-return of contract will not be sufficient to cancel the booking or acceptance of these terms.

Upon 'confirmation' the 'agent' will issue a contract to the 'client' for signature and this must be returned within 3 working days. A copy of the contract will be forwarded to the 'artist' for signature simultaneously, again to be signed and returned within 3 working days. Both the 'client' & the 'artist' should keep a copy of the contract for their personal records but send the original, by post, back to 'the agent'.

The 'agent' will keep the signed contract(s) in their office for safe keeping (copies available on request) and will act as exclusive negotiator between both parties for the period up to and including the date of the event, and for 14 months after the event.

3. Contract changes

The agreed booking fees may be subject to change (by agreement of both the 'client' and the 'artist') if any details of the contract are altered. All changes to the contract must be arranged and then agreed by the 'agent' in advance of the event.

4. 'Booking Fee' payment by client

a. 'Deposit'

Each agreed booking is subject to a booking deposit. This deposit will be 13.04% of the full booking fee and is due strictly within 2 weeks of invoice. Deposit should be paid to the 'agent' by cheque, BACS transfer (details can be found on invoice, please use our invoice number for reference).

If any fee which the 'client' is due to pay prior to the event has not been received at least 5 working days before the event, the 'artist' has the right to cancel the booking without penalty and the 'client' will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5.)

b. 'Balance'

Unless otherwise agreed by the 'artist' and the 'agent' in writing in the contract, the balance of the booking fee should be paid to the 'agent' by 10 working days after the day of the event.

5. Cancellations

a. Cancellation by the 'client':

The 'client' may not cancel the booking for any reason except in circumstances covered by 'force majeure' (see clause 19.) In the event that the 'client' cancels the booking, the 'client' agrees to inform the 'agent' immediately. The 'agent' agrees to inform the 'artist' of the cancellation immediately.

i) Cancellation by the 'client' within 48 hours of confirmation will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due. It will, however, result in loss of deposit whether or not this has been received already by the 'agent'.
ii) Cancellation by the 'client' after 48 hours of confirmation and up to 90 days from the event will result in loss of deposit and 50% of the remaining balance of the booking fee will be payable by the 'client' to the 'agent' within 14 days.
iii) Cancellation by the 'client' within 90 days and up to 61 days of the event will result in loss of deposit and 75% of the remaining balance of the booking fee will be payable by the 'client' to the 'agent' within 14 days.
iv) Cancellation by the 'client' within 60 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the 'client' the 'agent' within 14 days.

In each of the cases mentioned in sub clauses ii) iii) and iv) above and at the discretion of the 'agent', the artist may be entitled to receive a cancellation fee which will be equal to the full 'booking fee' minus the deposit.

On behalf of the 'artist', any payment outstanding from the 'client' outside of these terms will be referred to the 'agent's' debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'client' and will be legally enforceable.

The 'agent' will work hard to ensure that the venue is suitable for the artist but it is the 'clients' responsibility to ensure their venue can accommodate the 'artist' and non-performance of the 'artist' due to venue restrictions will render the 'client' liable for cancellation fees as detailed above.

b. Cancellation by the 'artist':

The 'artist' may not cancel the booking for any reason except in circumstances covered by 'force majeure' (see clause 19.)

In the event that the 'artist' cancels the booking, the 'artist' agrees to inform the 'agent' immediately. The 'agent' agrees to inform the 'client' of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the 'client'. This replacement will have to be agreed with the 'client'. Should a suitable replacement not be found, the 'agent' agrees to refund the 'client' their deposit plus any other booking fees already paid in advance.

Should the 'artist' cancel a booking under circumstances not covered by 'force majeure' (see clause 18) the 'client' may pursue unlimited damages from the 'artist' as they see fit. The 'artist' also agrees to pay the 'agent' an administration fee equal to the commission due on the full 'booking fee' and this must be paid to the 'agent' within 14 working days. The 'artist' also agrees to refund the 'client' any difference between the original booking fee and the fee charged by any replacement artist arranged for the 'client' by the 'agent'.

There will be no refund given to the 'client' against the booking 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 much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the 'client' and 'artist' will be contacted to agree this in advance.

If a replacement artist is required at the last minute and the 'client' is not happy to accept the replacement artist, the 'client' must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.

Any payment outstanding from the 'artist' to the 'agent' outside of these terms will be referred to the 'agent's' debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'artist' and will be legally enforceable.

6. Late payment of deposit

Failure by the 'client' to pay the booking deposit within the terms specified will result in 'client' being in default of contract. The booking may be cancelled (at the discretion of the 'agent') and the 'client' will be bound by the cancellation clauses in part 5 of these terms and conditions.

7. Late payment of the balance of the booking fee

Failure by the 'client' to pay the 'agent' within the time specified will result in a late payment fee (equal to 10% of the total balance due) being added to the outstanding balance. This will be payable by the 'client' to the 'agent', for every 5 working days the payment is late.

These fees should be sent to the 'agent' and subsequently the 'artist' will then be paid their fee.

On behalf of the 'artist', the 'agent' may raise an invoice to the 'client' for any 'artist' fees unpaid and any payment outstanding from the 'client' outside of these terms will be referred to the 'agent's' debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the 'client' and will be legally enforceable.

8. 'Artist' Payment

The 'Artist' will be paid in full for each separate booking within 14 days of Blueskies Entertainment receiving the full 'booking fee' from the client.

9. Complaints

If through their own fault the 'artist' is unable to fulfil part of the event schedule or breaks the terms of this contract and the 'client' would wish to claim a reduction of the 'artist's' fee, a complaint must be made in writing to the 'agent' no more than 30 days after the event. Full payment must still be made to the 'agent' as agreed in the contract. Failure to pay the 'agent' within the terms of this contract will incur charges outlined in clause 7 (see above) and will be legally enforceable.

Whilst the 'agent' cannot be held responsible for the actions or failures of either the 'client' or 'artist' we will make every effort 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 'client', 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 'client' and 'artist', both parties must settle the matter directly via their own legal representatives.

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, must be settled between the 'client' and the 'artist' directly. The 'agent' will not be able to mediate over these changes.

10. Changes on the day

Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with the 'agent'. Should this not be possible, changes are to be agreed between the 'client' and the 'artist' prior to performance.

Any changes will be subject to these terms and conditions.

If changes negotiated between the 'client' and the 'artist' on the day of the event 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 and forward commission due within 7 days of receiving it.

11. Delayed event schedules and late finish fees

If due to the late running of or alterations to the event schedule through 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 'artist fee' or 'booking fee'.

If the event runs late and the 'artist' is asked and agrees to finish later than the finish time in the booking contract, it is up to the 'artist' and 'client' to agree an additional late finish fee. The 'artist' agrees that this fee will be subject to the 'agent's' standard rate of commission and subject to the clauses set out in part 9 of these terms and conditions.

The 'artist' has the right to refuse to finish later than the contracted finish time without penalty.

12. Extended performance fees

If the event schedule is changed on the day and the 'artist' is required and agrees to perform for longer than the 'Performance times' agreed in this contract, it is up to the 'artist' and 'client' to agree an additional fee. The 'artist' agrees that this fee will be subject to the 'agent's' standard rate of commission and subject to the clauses set out in part 9 of these terms and conditions.

The 'artist' has the right to refuse to extend their performance times without penalty.

13. Re-engagement of the 'artist'

The 'client' agrees to negotiate all future bookings of the 'artist' with the 'agent' and not with the 'artist' directly, for the period from the issue date of this contract until 14 months after the event date on this contract.

The 'artist' agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the 'agent', to the 'client', their guests, staff, venue or contractors. If approached, the 'artist' must inform the person/s concerned to contact the 'agent'. Any other action will contravene the terms of this contract, and if the 'artist' is found to have done this he will cease to be used by the 'agent'. Any bookings that have been fulfilled by the 'artist' in this manner will be subject to 'agent' commission and these monies will be sought after.

14. Rider

This contract may be subject to a 'rider' containing the 'artists' requirements for food, drink, accommodation, dressing rooms, technical specifications etc.

The 'rider' forms an integral part of this contract and the 'artists' requirements MUST be provided by the 'client' at their own expense.

15. Expenses

If the 'client' has agreed to cover additional expenses incurred by the 'artist' (such as taxis, food, rehearsal time, hotel, flights etc) the 'artist' must provide receipts and an invoice to the 'client' within 60 days after the event.

The 'client' must reimburse all expenses and send payment to the 'agent' within 28 days of invoice.

Late payment of expenses will incur a late payment fee equal to 10% of the expenses due, per 5 working days that payment is overdue.

16. 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 'artists' show, as known to the 'agent' and as advertised to the 'client' via distribution of the 'artists' demo CD's, DVD's, 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 'artists' responsibility to ensure the good working order & 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 third parties.

The 'artist' will refrain from excessive drinking before, during and after the performance and at all times when the 'client' or their guests are present.

The 'artist' will not under any circumstances indulge in 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 conduct themselves in a manner deemed anti-social, illegal, reflecting badly upon themselves, the 'agent', or the 'client'.

The adjustment of the volume and sound level of any equipment shall be as the 'client' reasonably requires.

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 telephone number and/or address. The 'artist' must inform the person/s concerned to contact the 'agent'. Any other action will contravene the terms of this contract, and if the 'artist' is found to have done this he will cease to be used by the 'agent'. Any bookings that have been fulfilled by the 'artist' in this manner will be subject to 'agent' commission and these monies will be sought after.

The 'artist' shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing of other attire is deemed to be a necessary part of their act.

The 'artist' is not employed by the 'agent' and is 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 and on request shall produce evidence of such insurance and paperwork of premiums to the 'agent'.

17. 'Artist' equipment

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 except by specific permission of the 'artist'. If another person needs to share equipment this must be previously agreed by the 'artist', acknowledged by the 'agent' and specifically referred to in the contract.

18. Use of 'dep' performers

A 'dep' performer means a person or persons who stand in for one or more of the 'artists' standard group of performers should they be unable to perform due to prior commitments or illness.

The 'artist' will perform using their standard group of performers as advertised to the 'agent' and the 'client' unless otherwise agreed by the 'agent' and the 'client' in advance, except in cases of emergency. The 'artist' agrees that any 'dep' performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the 'dep' will have an excellent knowledge of the 'artists' repertoire, and represent the 'artist' to the same high standard that is known by the 'agent' and expected by the 'client'.

The 'artist' agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the 'artist' will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 19 below.)

There will be no reduction in the 'artists' fee if a 'dep' performer is used, although, if in advance of the event the 'client' is able to listen to a recording of the proposed 'dep' performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the 'artist' will be liable for the cancellation under the terms of clause 5 unless 'Force Majeure' may be applied.

A 'dep' performer may not be used to replace an 'artist' whose individual name is used as the star attraction to promote the 'artist' (EG: 'The Dwayne Fontaine experience' show would not be able to 'dep' another performer for Dwayne Fontaine.)

19. Force Majeure

In cases of 'Force Majeure' (which include without limitation war, fire, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, 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), which are not attributable to any act or failure to take reasonable preventive action by the 'artist' or 'client', then the 'artist' or 'client' may cancel this booking without penalty other than loss of deposit.