www.kidsentertainers.net 0208 0128 127 / 07899 771 297
TERMS AND CONDITIONS FOR CLIENTS
Any booking, whether confirmed verbally, electronically or in writing, will be subject to a legally binding Agreement carrying the following Terms and Conditions:
1 DEFINITIONS:
1.1 “Agent” means The Kids Entertainers Network and its mother company Susannah’s People at 2 The Dunnings, Sandy Lane, West Hoathly, West Susses RH19 4QQ;
1.2 “Artist” means the performer secured for the Engagement;
1.3 “Client” means any third party, individual, partnership, company or other organisation or entity which negotiates with the Agent with a view to procuring the services of the Artist in respect of an Engagement;
1.4 “Artist Booking Form” means a booking document, describing the Artist Services;
1.5 “Engagement” means the employment or use of the Artist by the Client, or any third party to whom the Client has introduced the Artist, on a permanent or short-term basis under any form of contract or relevant agreement;
1.6 “Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.7 “Performance Fee” means the sums due to the Artist from the Agent in respect of an Engagement;
1.8 “Agreement” means the contract between the Agent and the Artist for agency services incorporating these Terms and Conditions.
2 GENERAL
2.1 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.2 The link to these Terms and Conditions is highlighted in each Booking Form we send. The acceptance of an Engagement means acceptance and full agreement to these Terms and Conditions. Failure to read these term and conditions does not relieve the Artist or the Client of their obligations under the Agreement.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties.
2.5 The Agent is acting in the capacity of an employment agency.
2.6 It is solely the Artist’s responsibility for ensuring the Artist currently has the required Public Liability insurance of minimum one million pounds. If the Artist does not have this insurance, or if the Artist’s insurance has not been renewed, or if the insurance has become invalidated, they are under obligation to inform the Agent immediately. Any incidents or accidents occurring during the presence or performance of the Artist are solely the responsibility of the Artist and not of the Client.
3 CLIENT DATA
3.1 Sharing of Essential Data
The Client gives the Agent permission to share client data with the Artist(s) (ie essential information required to fulfil the Contract).
3.2 Although The Kids Entertainers Network shares client data with the Artist in order that the Artist will use it solely for the fulfilment of the Contract, The Kids Entertainers Network is not responsible for how the Artist uses such data.
4 BOOKING CONFIRMATION
4.1 “Confirmation” will mean any verbal, electronic or written acceptance of this booking by BOTH the Client and the Artist.
4.2 All Bookings take effect immediately upon Confirmation.
4.3 Non-signature/non-return of Contract is not sufficient to cancel the booking or acceptance of these terms.
Upon Confirmation of the Booking, The Kids Entertainers Network will issue an Agreement to the Client and the Artist for confirmation of details by electronic email. The Kids Entertainers Network act as the Agent negotiator between both parties for the period up to and including the date of the event and for twenty-four months after the event.
4.4 It is the responsibility of the Client, upon receiving the Agreement, that all details are correct on the Agreement.
5 CHANGES TO THE AGREEMENT
All changes to the Agreement must be arranged and agreed by The Kids Entertainers Network in advance of the event.
6 ABUSE
Should the Artist, at any time, experience abuse in any manner from the Client, Agreement terms will immediately be terminated without hesitation. The Artist and The Kids Entertainers Network reserve the right to cancel all Agreement terms and conditions under ‘any and all’ abuse.
7 DEPOSIT PAYMENTS
Deposits are required for private parties and usually not company or corporate events. The agreed deposit payment is due upon receipt of the Agreement unless special circumstances are agreed between The Kids Entertainers Network and the Client. The deposit is non-refundable, except where the Booking has been cancelled by the Client and subsequently the Artist has been offered and is able to take a replacement Booking from the Agent on the same date.
No cancellation fees will then be due unless the new Booking is of a lower value than the cancelled Booking in which case the Artist will be entitled to recover from the Client the difference in value, excluding travel costs and expenses.
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.
8 CANCELLATIONS
Cancellation by the Artist
Cancellation by the Artist is not allowed for any reason except circumstances covered by severe accident or illness, where the Artist is physically unable to attend the Engagement, or by Force Majeure (see clause 22). In such cases, on provision of reasonable proof, the Artist will not be held in breach of contract by the Client.
In such situations, the Kids Entertainers Network will endeavour to find a suitable replacement Artist for the Engagement, unless instructed otherwise by the Client.
In the unlikely event that the Artist cancels the booking, the Artist agrees to inform The Kids Entertainers Network immediately. The Kids Entertainers Network agrees to inform the Client of the cancellation and make all reasonable attempts to find a suitable replacement Artist of similar standard, style and value, at no extra cost to the Client. Should a suitable replacement not be found, the Agent agrees to refund the Client their booking fees already paid in advance, and the Artist agrees to reimburse this same amount to the Agent.
There will be no refund given to the Client against the booking fee already paid, and no administration charge will be made to the Artist if a replacement Artist of similar value can be arranged by The Kids Entertainers Network and agreed by the Client.
If a replacement Artist is required last minute and the Client is not happy to accept the replacement Artist, they must not allow the replacement Artist to perform. If the replacement Artist is allowed to perform, their full fee will be due.
Cancellation by the Client
In the event that the Client cancels the Booking, the Client agrees to inform The Kids Entertainers Network immediately. The Kids Entertainers Network agrees to inform the Artist of the cancellation immediately. See clause 7 for details of deposits.
Cancellation fees (not applicable for private parties where a deposit has been paid)
i) Cancellation by the Client more than 24 hours prior to the engagement will result in a cancellation charge of 50% of the total booking fee made payable to The Kids Entertainers Network by the Client.
iii) Cancellation by the Client less than 24 hours prior to the engagement will result in a cancellation charge of 100% of the total booking fee made payable to The Kids Entertainers Network by the Client.
Any payment outstanding from the Client outside of these terms will be subject to a surcharge of 15% 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.
It is the Client’s responsibility to ensure their venue can accommodate the Artist and cancellation of the Booking or non-performance of the Artist due to venue restrictions will place the Client liable for cancellation fees as detailed above.
10 RESPONSIBILTY FOR INCORRECT INFORMATION IN THE BOOKING
If your booking information is incorrect in any way, then it is the Client’s responsibility to inform the Agent of all changes.
11 CONTRACT TO BUY
The contract to buy (acquire our service) is complete by us sending you an invoice by email.
12 COMPLAINTS
If through their own fault the Artist is unable to fulfill part of the event schedule or breaks the terms of this Agreement and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to The Kids Entertainers Network no more than 30 days after the event. Full payment must still be made to the Artist as agreed in the Agreement. Withholding payment is illegal. Failure to pay the Artist within the terms of this Agreement will incur additional charges and may render the Client subject to prosecution. Whilst The Kids Entertainers Network 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 the Client has made a written complaint, The Kids Entertainers Network will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Kids Entertainers Network 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 Kids Entertainers Network 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 Agreement/performance that were agreed by both the Client and the Artist, but not confirmed by The Kids Entertainers Network in writing, must be settled between the Client and the Artist directly. The Kids Entertainers Network will not be able to mediate over these agreements or changes.
13 CHANGES ON THE DAY
Where possible, changes to the Agreement schedule, which are unavoidable on the day of the event, 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 performance.
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 Kids Entertainers Network standard rate of commission.
14 DELAYED EVENT SCHEDULES AND LATE FINISH FEES
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 the Agreement, there will be no reduction in the Artist’s fee.
If the event runs late and the Artist is asked and agrees to finish later than the finish time in the booking Agreement, and the Artist does not agree an additional surcharge, then the following standard ‘late finish’ fees will be charged:
For children’s party entertainers: £25 due per ½ hour over run, payable on the day of the event by the Client to the Artist in cash or by cheque. For specialist acts: please call us
The Artist has the right to refuse to finish later than the Contracted finish time without penalty.
15 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 the Agreement, and no additional surcharge is agreed by the Artist on the day of the event, the following standard ‘Extended performance fees’ will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Agent following the event.
The Artist has the right to refuse to extend their performance times without penalty.
16 RE-ENGAGEMENT OF THE ARTIST
The Client agrees to negotiate all future Bookings of the Artist with The Kids Entertainers Network and not with the Artist directly, for the period covering the issue date of this Agreement until 24 months after the event date on this Agreement.
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 Kids Entertainers Network to the Client, their guests, staff, venue or Contractors. If approached, the Artist must inform the person(s) concerned to contact The Kids Entertainers Network.
17 EXPENSES
If the Client agrees 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 Agent within 28 days after the event.
The Client must reimburse all expenses to the Agent within 28 days of invoice.
18 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 Kids Entertainers Network and as advertised to the Client via promotional materials, profiles, pictures, videos, web page or verbal description 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.