1 Payment Of Fees
Fees are payable as per the structure described under payment terms in the agreement. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges detailed below in Clause 4 headed “Cancellation”. The booking fee for the artist is to remain confidential between client and Cheers Events.
2 Non-Availability Of Artist
Cheers Events enter into a contract with the Artist in good faith but should the artist be 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, you can either: Accept a replacement artist introduced by us or alternatively Ask us to refund all payments you have made to us. Subject to Clause 9, we shall have no further liability to you.
3 Alternative Artist
If we cannot obtain the services of the chosen Artist, Cheers Events will offer you a replacement, and you can either accept or reject any replacement offered. If you do accept a replacement Artist you must confirm this to us in writing and any booking made by us will be on these terms and conditions.
If you wish to cancel your booking you must send us Notice of Cancellation in writing either by email or by recorded delivery post. Any cancellation will take effect on the day we receive your written instruction. If you fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by you. If you cancel the booking after the Artist has confirmed acceptance of the engagement, you will be liable to pay Cheers Events 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) More than 90 days 50% 1 - 90 days 100%
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 36% per annum from time to time 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.
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 Cheers Events within a reasonable time after the engagement.
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 appropriate standard projection equipments where required and operators needs to be there.
8 The Venue / Insurance
You 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 or damage to any equipment caused by the guests or staff.
9 Choice Of Artist
You acknowledge and agree that you have selected the artist or (in the circumstances set out in Clauses 2 and 3) any replacement Artiste. 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 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 Cheers Events or the Artist against any claim whether for damages costs or otherwise which may be caused as a result of any such material. Whilst Cheers Events will give the Artist any material you supply or request, we cannot accept responsibility for any deviation from that material by the Artist. Cheers Events cannot accept responsibility if the Artist does not carry out the performance in a manner which is satisfactory. It is agreed and understood that any future engagement of the Artist by the Client within twenty four calendar months shall be negotiated through Cheers Events.
10 Disturbance During Performance
It is accepted that you the client are responsible for the actions of the audience/delegates. In any event of a 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.
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. 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.
12 Applicable Law / V.A.T. /Service Tax
This Agreement shall be governed by and construed in accordance with the law of India and the parties to this Agreement agree to submit to Jurisdiction of SURAT. All sums mentioned in the Booking Agreement and the Terms and Conditions, unless otherwise stated, are exclusive of any Service Tax, Value Added Tax or any other tax applicable.
In the event of a dispute or complaint from either the Artist or the Client, any issue must be put in writing within 48 hours. The Agent will act as negotiator 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.
Clause headings in these Terms and Conditions are inserted for convenience only and shall have no effect on the constructions of the booking agreement.