BOOKING TERMS AND CONDITIONS BETWEEN:
Artists and More Est. (“AM” OR the “Agent”) and the client (“You” or the “Client”):
1. Payment of Fees: Fees are payable as per the structure described under payment terms in the above agreement. If You fail to make payment on time, we reserve the right to cancel the booking.
2. Non-availability of Artist:
Artists and More Est. enters into a contract with the Artist in good faith but in case the artist is unable to fulfill the engagement for reasons of illness or ‘force majeure’ (such as but without limitation war, or threat of war, riot, national mourning, fire, civil strife, industrial dispute, transport delay or adverse weather conditions or for other reasons beyond our control, pandemic), You can either:
(a) Accept a replacement artist introduced by us or alternatively
(b) Ask us to refund all payments You have made to us.
Subject to Clause 9, we shall have no further liability to You.
3. Use of alternative/deputy performers
3.1 the Client Agrees that there will be no reduction in the Artist's fee if a deputy performer is used.
3.2 Nothing in this clause shall prevent the Artist from using alternative performers where the Agent has advertised that alternatives may be used or that it does not use a fixed line up.
4.1 If You wish to cancel your booking You must send us a Notice of Cancellation in writing by facsimile transmission or by recorded delivery post or by email. Any cancellation will take effect on the day we receive your written instruction.
4.2 If You fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by You.
4.3 If You cancel the booking after the Artist has confirmed acceptance of the engagement, You will be liable to pay AM a charge to compensate for any losses and expenses incurred as a result of the cancellation.
The nearer the cancellation date is to the engagement date, the greater the charge will be. The sums payable are:
Time before engagement date Cancellation charge (as a % of total booking fee) :
CANCELLATION PERIOD CANCELLATION FEE
Less than 48 hours after Confirmation 0%
Up to 90 days before Event 50% of Full Fee
Up to 61 days before Event 75% of Full Fee
31 days before Event 100% of Full Fee
5. Interest: If the agreed fee or (in the event we agree an instalment arrangement with You) any instalments of the fee are not paid in full on the due date, and if any other payments are not made when due, we can (without prejudice to any other rights we may have under this Agreement) charge interest at the rate of 3% per annum and such interest will be calculated on the outstanding balance. This interest will continue to run both before and after any Judgment we may obtain in a Court. You will also be liable for any legal costs and expenses that we incur on an indemnity basis.
6. Copyright: All copyright and other intellectual property rights relating to the Artist’s performance and any material used by the Artist during the performance remain vested in the Artist. No electronic or other recordings of the Artist’s performance can be made without our prior consent. Where consent for recording is given copies of such recording must be supplied to AM within a reasonable time after the engagement. AM reserves the right to use the footages and photos of the shows across social media and marketing pages.
7. Technical Facilities: Technical facilities (other than those itemised in the particulars of the engagement or in an artists’ rider) must be of a professional standard, including sound, lighting, staging and where appropriate projection equipment and operators. If You fail to supply or provide the correct and/or appropriate equipment for the Artist to perform, You will provide us with a complete indemnity for any costs and/or expenses incurred. And if the Artist is unable to perform due to Your failure to provide the correct and/or appropriate equipment You agree to accept full responsibility for any adverse consequences of any non-performance by the artist.
8. The Venue / Insurance: The Client will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. You have the responsibility to take out and maintain adequate public liability insurance and we reserve the right to request sight of any policy at any time prior to the performance. Failure to have insurance may be regarded by us as a cancellation by You giving rise to the consequences set out in Clause 4 above. You must also provide all technical and stage accessories that may be necessary to enable the Artist to carry out the performance.Client to ensure adequate access to the performance area and/or parking Space nearby for the duration of the performance at no charge. Client to be responsible for the adequate supervision of all guests and staff at the Venue and to be liable for any theft, loss or damage to any equipment caused by the guests, staff or couriers.
9. Limitations on our Liability: Our liability to You for the non-performance or improper performance of any obligations we may have is limited to the amount You have paid AM for the performance but excluding any additional expenditure relating to any other ancillary cost.
10. Choice of Artist:
(a) You acknowledge and agree that You have selected the artiste or (in the circumstances set out in Clauses 2 and 3) any replacement Artist.
(b) Where You require an Artist to perform to a particular brief, and the artist agrees, You are advised to provide notes and guidance for the artist. If You do not do this, the Artist will deliver the performance as he or she thinks appropriate and You will have no complaint in respect of the Artist’s choice of material.
(c) Where You do supply notes and guidance You warrant that such material is clear and intelligible and is not subject to any copyright or other intellectual property restriction. You agree to indemnify AM or the Artist against any claim whether for damages costs or otherwise which may be caused as a result of any such material.
(d) AM will give the Artist any material You supply or request, we cannot accept responsibility for any deviation from that material by the Artist.
(e) AM cannot accept responsibility if the Artist does not carry out the performance in a manner which is satisfactory.
(f) 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.
11. Disturbance during Performance: It is agreed and accepted that You the client are responsible for the actions of the audience/delegates. In the event of any disturbance eg (but not limited to) unreasonable background noise, throwing of missiles, failure of P.A. system, continual abuse under or not under the influence of alcohol the artist is entitled to decrease their performance time. In this event the client will remain liable for the full artist’s fee.
12. Advertising and Marketing: You agree to only advertise and/or market the Artist/Event/Performance by first seeking our prior written agreement and/or approval from us. You acknowledge that You have no right to make any announcements, publicise, sell, manufacture, produce, give away or deal in any way, in any kind of marketing or advertising of the Artist or the Services otherwise, without our prior written consent. If You choose to advertise and/or market the Artist/Event/Performance without first seeking our prior written agreement and/or approval from us then You agree to provide us with a complete indemnity in respect of any potential claims by any third party for unlimited consequential losses and/or damages
13. Bookings and Reservations: If You make the relevant and/or necessary booking arrangements for Artists for travel (including baggage and transfers) and accommodation then You will provide us with details of those bookings and/or reservations as soon as they are available and You will accept liability and provide us with a complete and full indemnity for any loss, liability or costs (including legal costs) incurred by us as a result of any act, omission or default by You or any third party engaged or instructed by You.
14. Changes on the Event Date:
14.1 Where possible, changes to the contract schedule that are unavoidable on the Event Date, should first be discussed and agreed with AM. Should this not be possible, changes are to be agreed between the Client and the Artist and the Agent prior to the performance.
14.2 If changes negotiated between the Client and the Agent on the Event Date are agreed to incur additional costs to the Clientand the latter held full responsibility for arranging the payment of additional fees and agrees that these fees will be subject to the Agent's standard rate of commission.
14.3 Any changes will be subject to these terms and conditions.
15. Re-engagement of the Artist:
15.1 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.
15.2 it is agreed between the Client and the Agent that the Artist shall not be 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 Client shall indemnify the Agent with an amount equivalent to the Deposit that would have been payable had the booking been made with the Agent.
16.1 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.
16.2 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 Agent must provide receipts and an invoice to the Client within 15 days before the Event Date.
16.3 The Client shall reimburse all expenses to the Agent within 7 days of receipt of the invoice.
17. Sound limiters & volume:
17.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such a change.
17.2 AM cannot guarantee the quality of the Artist performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
17.3 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.
18. Artist equipment: The Client agrees 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 and the Agent.
19. Force Majeure Event: A "Force Majeure Event" 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 duly 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, Pandemic etc.) and which is not attributable to any act or failure to take preventive action by the Agent or Client.
20. Notices: All notices under this Agreement shall be in writing and delivered to You or to us at our respective addresses specified in the Booking Agreement, by first class post, facsimile transmission or personal delivery or Email. Notices by post shall be deemed and notices by facsimile and personal delivery shall be deemed to have been delivered within 24 hours of transmission or such personal delivery as applicable.
21. Applicable Law: The parties agree that this contract is governed by the Lebanese Law and hereby submit to the exclusive jurisdiction of the courts of Lebanon.
22. Complaints: In the event of a dispute or complaint from either the Agent or the Client, any issue must be put in writing within 48 hours. The Agent will act as mediator and aim to reach an agreeable solution between both parties. Third party statements should be obtained where possible to back up any claim. If the matter cannot be resolved or an agreement reached, then both parties should seek legal advice.