RED & BLACK MUSIC LABEL
MANAGEMENT & PRODUCTION
If you think our way, do business our way...
Red & Black Music is a music management label comprising 4 projects - Diáspora, Fiesta Latina, Phasma & Rory - all 4 of which started independently of one another and were brought together under the Red & Black Music banner covering 4 wide areas of music - Jazz, Latin, Soul & Brazilian.
Originally conceived out of "Diaspora Collective" in 2009, Red & Black Music has been managing artists and musicians since 2012. Working through a network of agents and promoters, we've supplied artists, programmes and productions for private and corporate events, tours, residencies and recordings throughout London and the UK, matching the correct skills sets and attributes to the creative and artistic requirements of the event or project.
Our most important values are communication and accountability. Our combination of exceptional talent and a uniquely comprehensive and systematic approach ensures the success of the production, making Red & Black Music the most reliable choice for all needs.
Red & Black Music Label manages:
Diáspora, Fiesta Latina, Phasma & Rory.
Red & Black Music is a music management label comprising 4 projects - Diáspora, Fiesta Latina, Phasma & Rory - all 4 of which started independently of one another and were brought together under the Red & Black Music banner covering 4 wide areas of music - Jazz, Latin, Soul & Brazilian.
Originally conceived out of "Diaspora Collective" in 2009, Red & Black Music has been managing artists and musicians since 2012. Working through a network of agents and promoters, we've supplied artists, programmes and productions for private and corporate events, tours, residencies and recordings throughout London and the UK, matching the correct skills sets and attributes to the creative and artistic requirements of the event or project.
Our most important values are communication and accountability. Our combination of exceptional talent and a uniquely comprehensive and systematic approach ensures the success of the production, making Red & Black Music the most reliable choice for all needs.
Red & Black Music Label manages:
Diáspora, Fiesta Latina, Phasma & Rory.
- We engage performers and producers on a microcosmic level, identifying musical possibilities and turning them into realities.
- We assess, audition and assemble the highest quality teams in-house and match them to the correct production or programme.
- We make swift decisions, and assess/evaluate how those decisions might impact on future practice.
- We play by the rules.
- We embrace modern technology and forward-thinking.
- We believe in freedom of access to information and the right to ask and answer questions.
- Most importantly, we apply a structural framework to remove the anxieties and indecisiveness from music management and production, leaving musicians and music engagers to concentrate on the music.
Red & Black Music is not an agency.
Yes, we operate similar to how an 'agency' might operate. This has come as a direct result of our experience since 2009. We started out originally as a 'band', but gradually came to work in the way we work: simply by taking on board what was requested of us and responding accordingly, connecting the dots and putting into practice mechanisms to enable us to act upon those requests, ultimately improving our business. However, we never purport to be an 'agency' and we never set out to be one (so existing artists looking for 'agency' representation might wish to look elsewhere).
We are an entity that sits at the midpoint of the spectrum between 'band' and 'client' - whether it be an agent, venue or promoter. We've responded to the need for structure and consistency. As such, our existence is defined by our experience. The music industry is a very turbulent, unstable space: riddled by shifting truths, unresolved accounts, broken commitments, misunderstandings and inefficiencies. We aim to demystify it by simply asking questions and answering them. We believe in freedom of access to information and the right to ask and answer questions.
A small team of serious professionals, we have implemented (as a direct result of the above rerequirements) a structural framework to support our productions and programmes established since 2009: by building a knowledge base of communicable, accountable and reliable professionals who share our values and are able to deliver. These ideas are in essence what Red & Black Music is founded upon.
We fully appreciate our uniquely prescriptive approach might be perceived as 'radical', and may put us at odds against many other businesses. However, there is a historical, traceable reason behind everything we do, which can be referenced back to solid, tangible facts. We would recommend bearing in mind the following when working via us:
1) Communication
2) Accountability
"Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible, without surrender, be on good terms with all persons. Speak your truth quietly and clearly; and listen to others, even to the dull and the ignorant, they too have their story... Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time. Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals, and everywhere life is full of heroism. Be yourself. Especially, do not feign affection." Max Ehrmann c.1920
We are an entity that sits at the midpoint of the spectrum between 'band' and 'client' - whether it be an agent, venue or promoter. We've responded to the need for structure and consistency. As such, our existence is defined by our experience. The music industry is a very turbulent, unstable space: riddled by shifting truths, unresolved accounts, broken commitments, misunderstandings and inefficiencies. We aim to demystify it by simply asking questions and answering them. We believe in freedom of access to information and the right to ask and answer questions.
A small team of serious professionals, we have implemented (as a direct result of the above rerequirements) a structural framework to support our productions and programmes established since 2009: by building a knowledge base of communicable, accountable and reliable professionals who share our values and are able to deliver. These ideas are in essence what Red & Black Music is founded upon.
We fully appreciate our uniquely prescriptive approach might be perceived as 'radical', and may put us at odds against many other businesses. However, there is a historical, traceable reason behind everything we do, which can be referenced back to solid, tangible facts. We would recommend bearing in mind the following when working via us:
1) Communication
- It is company policy to conduct all communications in written format, via email, live chat or printed letter. This is to ensure that all agreements and arrangements can be traced back and that all roles and responsibilities are clear and known to all parties. We make sure we are constantly available via this medium so no delays will occur.
- People are using a wide variety of methods of contact (including social media platforms) which is inefficient and can lead to confusions over agreements. Emails are the preferred method of communication in Red & Black Music for ease of traceability, archiving and auditing. To make it easier for everyone; we've set up an additional failsafe: any email requiring a response/action will be accompanied by an automated text message highlighting that an action is required and the deadline for this. This is an optional service. Please help us keep conversations/agreements on e-mail so that they are easily traceable, archivable, and allow for fewer misunderstandings.
- To ensure all agreements are clear and traceable, all conversations about contracts and such arrangements must be made via email, live chat or printed letter (in a written form). We ensure that the relevant parties are cc'ed into all communications. We are more than happy to explain these communications to the client / artist as part of our duties.
- Red & Black Music is GDPR compliant. This means we don't share personal contact details to third parties without consent. However, if contact details are provided to us as part of our contractual obligation or made readily available to us via the public domain, we retain the right to pursue all unresolved queries that fall within our remit until they are resolved.
- There is nothing wrong or illegal about asking neutrally for a Yes/No. There is a fundamental difference between a 'mailing list' vs. following up on an existing query. The issue is when data is used or transferred without consent. Therefore, as long as we are already in correspondence, we are entitled to ask a question and follow up on it if an answer is not received, as long as a 'No' hasn't been specified. A non-response is not taken to mean 'No'.
2) Accountability
- Unfortunately, we cannot accept on-the-night cash payments – we can only accept BACS transfers. This is due to various security and legal requirements. We've seen it occur in the past that cash payments go missing in part or entirely, and it is more difficult to ensure that they are adequately accounted for in our books for tax/accounting purposes. However, payment can be made within 14 days of the event.
- Nothing is 'too complicated', and there is no such thing as 'too much information'. In response to the need for simplicity, we proceed from a 'worst case scenario'. This is purely to minimise detail and ultimately manage expectations. However, we encourage detailed negotiation from all parties and at all levels, because we believe this to be a vital form of communication.
- Flexible vs. complicated. If it's deemed 'too complicated', it's most likely because we have taken onboard similar requests previously and responded accordingly by incorporating these into our business structure, yet the reasons for this haven't been read/understood. If it's deemed 'inflexible', it's most likely because we attribute value to something that requires additional time, resources and expertise: we are not refusing to do it at all.
- Busy = disorganised, and/or lacking the availability/time/capacity/cost to perform at the required standard. For this reason, we avoid using the word at all costs and/or being drawn into situations where the word might be used. The industry is saturated by disorganised people who use the word 'busy' as a polite way of withdrawing interest, such that the word has become a meaningless excuse for inefficiency. If we are not interested, we will say so, and provide reasons if necessary.
- Planning ahead is encouraged. We reserve our best deals for those who plan ahead and enquire in advance - both financially and musically. We prioritise accuracy over speed. No account is 'urgent', unless there is a deadline attached to it, which would prevent it from becoming 'urgent' in the first place. If an eventuality is not arranged in advance, or arranged at the last minute, we cannot be expected to act in 'urgency'. In particular, phone communications are taken to be 'urgent' and only used in situations where an arrangement/agreement is already set out.
- Why do we include this information on our website? To be clear, transparent and establish an expectation, so that there are no unwanted surprises or misunderstandings further down the line. Aren't we concerned about the message that the above might send across? Certainly, but we are more concerned about accuracy of information. We strive to be polite, yet firm.
"Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible, without surrender, be on good terms with all persons. Speak your truth quietly and clearly; and listen to others, even to the dull and the ignorant, they too have their story... Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time. Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals, and everywhere life is full of heroism. Be yourself. Especially, do not feign affection." Max Ehrmann c.1920
Terms & Conditions
These standard terms and conditions are distributed by Red & Black Music Label to accompany all Live Performance Engagements.
Parties
The Artist
Hereby constitutes the organisation Red & Black Music as representative of The Manager(s) acting on behalf of The Producer(s) and The Supplier(s).
The Client
Hereby constitutes The Hirer or The Engager. In instances whereby The Artist is hired via an Agent or Third Party whereby The Agent or Third Party is acting on behalf of The Client; The Client hereby constitutes The Agent or Third Party, as representative of The Client.
The Venue
Hereby constitutes the physical space, address and postcode of The Engagement.
Parties
The Artist
Hereby constitutes the organisation Red & Black Music as representative of The Manager(s) acting on behalf of The Producer(s) and The Supplier(s).
The Client
Hereby constitutes The Hirer or The Engager. In instances whereby The Artist is hired via an Agent or Third Party whereby The Agent or Third Party is acting on behalf of The Client; The Client hereby constitutes The Agent or Third Party, as representative of The Client.
The Venue
Hereby constitutes the physical space, address and postcode of The Engagement.
01. Primary Feature
01.01. The Primary Feature
01.01.01.
The Primary Feature constitutes The Artist produced for The Engagement irrespective of The Secondary Feature.
01.01.02.
The Primary Feature is priced per 1 Time Allocation. The Time Allocation varies per Production.
01.01.03.
The Primary Feature is not priced per hour.
01.02. The Performance Fee
01.02.01.
The Performance Fee includes the fee for the performance alone.
01.02.02.
The Performance Fee excludes charges detailed in sections (02) - (12), and any other additional charges as agreed verbally or otherwise between The Manager and The Client at the point of Contract.
01.02.03
The Performance Fee is termed accordingly.
02.03.01. The Production: The Artist, constitution and programme appearing as known in their usual form of entertainment.
02.03.02. The Notice Period: Early Bird / Advance / Full
02.03.03. The Variation: The number of musicians appearing as part of the band
01.03. The Total Fee (Due To Artist)
01.03.01.
The Total Fee (Due To Artist) includes The Performance Fee, the aforementioned charges detailed in sections (02) - (12), and any other additional charges as agreed verbally or otherwise between The Manager and The Client at the point of Contract.
01.03.02.
The Manager will disclose to The Client The Total Fee (Due To Artist) per Client and not for its constituent Supplier(s).
01.03.03.
The Manager is not obliged to quote to The Client the fees for its constituent Supplier(s).
01.03.04.
The Client agrees to maintain confidentiality in regards to The Total Fee (Due To Artist) and The Performance Fee. Any discussion(s) and / or agreement(s) concerning The Total Fee (Due To Artist) and / or The Performance Fee are strictly between The Manager and The Client. The Client agrees to disclose this information neither to other Client(s) (past, present or future) nor to The Supplier(s).
01.04. Negotiation
01.04.01.
If The Client is hiring The Artist; The Artist will take into full consideration the circumstantial needs and requirements of The Client in respect to The Engagement, and will make every effort to respond accordingly, but unless an alternative agreement is negotiated accordingly between The Artist and The Client, and made in written consent by both parties; The Client does not reserve the right:
01.04.01.01. To stipulate The Performance Fee on the basis of The Variation.
01.04.01.02. To stipulate The Variation on the basis of The Client budget.
01.04.02.
All fee discrimination clauses apply to Support Act(s) appearing as The Secondary Feature, but vary according to a Guest Artist appearing with The Primary Feature.
01.01.01.
The Primary Feature constitutes The Artist produced for The Engagement irrespective of The Secondary Feature.
01.01.02.
The Primary Feature is priced per 1 Time Allocation. The Time Allocation varies per Production.
01.01.03.
The Primary Feature is not priced per hour.
01.02. The Performance Fee
01.02.01.
The Performance Fee includes the fee for the performance alone.
01.02.02.
The Performance Fee excludes charges detailed in sections (02) - (12), and any other additional charges as agreed verbally or otherwise between The Manager and The Client at the point of Contract.
01.02.03
The Performance Fee is termed accordingly.
02.03.01. The Production: The Artist, constitution and programme appearing as known in their usual form of entertainment.
02.03.02. The Notice Period: Early Bird / Advance / Full
02.03.03. The Variation: The number of musicians appearing as part of the band
01.03. The Total Fee (Due To Artist)
01.03.01.
The Total Fee (Due To Artist) includes The Performance Fee, the aforementioned charges detailed in sections (02) - (12), and any other additional charges as agreed verbally or otherwise between The Manager and The Client at the point of Contract.
01.03.02.
The Manager will disclose to The Client The Total Fee (Due To Artist) per Client and not for its constituent Supplier(s).
01.03.03.
The Manager is not obliged to quote to The Client the fees for its constituent Supplier(s).
01.03.04.
The Client agrees to maintain confidentiality in regards to The Total Fee (Due To Artist) and The Performance Fee. Any discussion(s) and / or agreement(s) concerning The Total Fee (Due To Artist) and / or The Performance Fee are strictly between The Manager and The Client. The Client agrees to disclose this information neither to other Client(s) (past, present or future) nor to The Supplier(s).
01.04. Negotiation
01.04.01.
If The Client is hiring The Artist; The Artist will take into full consideration the circumstantial needs and requirements of The Client in respect to The Engagement, and will make every effort to respond accordingly, but unless an alternative agreement is negotiated accordingly between The Artist and The Client, and made in written consent by both parties; The Client does not reserve the right:
01.04.01.01. To stipulate The Performance Fee on the basis of The Variation.
01.04.01.02. To stipulate The Variation on the basis of The Client budget.
01.04.02.
All fee discrimination clauses apply to Support Act(s) appearing as The Secondary Feature, but vary according to a Guest Artist appearing with The Primary Feature.
02. Secondary Feature
02.01. Terms
02.01.01
The Secondary Feature constitutes The Support Act that is produced in addition to The Primary Feature.
02.01.02.
The Secondary Feature may include one or more Support Act(s) and / or alternative version(s) of The Primary Feature substituting for Support Act(s).
02.01.03.
The Supplier(s) involved in The Support Act(s) receive a separate Support Act Fee for appearing as part of The Support Act(s).
02.01.04.
The Support Act Fee accounts for a separate Time Allocation from The Performance Fee and cannot be combined with The Performance Fee, unless The Support Act incorporates a Guest Artist performing simultaneously with The Primary Feature.
02.01.05.
The Production, Jazz Quartet and String Quartet Support Acts are hereby referred to as Internal Supplier(s) because The Artist hires individuals privately and stipulates their fee(s), time allocation(s) and/or contractual arrangement(s). This means that they are deemed as Support Act(s) within the overall Hire Agreement.
02.01.06
The DJ, Dance Tuition and Guest Artist Support Acts are hereby referred to as External Supplier(s) because The Artist hires organisations corporately and does not stipulate their fee(s), time allocation(s) and/or contractual arrangement(s). This means that they are deemed as Support Act(s) within the overall Hire Agreement, but their Performance Fees and hiring / contractual arrangements are not managed by The Artist, and are subject to the separate terms and conditions of The External Supplier(s).
02.01.07.
If The Client hires The Artist, and intends to stipulate External Supplier(s) of their choosing as Support Act(s); The Artist must act as an intermediary point of contact between The Client and The External Supplier(s), for The External Supplier(s) to qualify as Support Act(s) and thereby be incorporated into the overall Hire Agreement.
02.01.08.
If The Client hires The Artist, and intends to stipulate External Supplier(s) of their choosing as Support Act(s), but intends to liaise directly with their chosen External Supplier(s); The External Supplier(s) cannot qualify as Support Act(s). Any agreement(s) resulting from the separate liaison between The Client and The External Supplier(s) are deemed a separate Hire Agreement, and The Artist accepts no responsibility or liability within the separate Hire Agreement.
02.02. Production as a Secondary Support Act
02.02.01.
Since 2016, Red & Black Music is offering the smaller productions (Fiesta Latina, 529, Rory) as support acts to the larger productions (Diáspora, Phasma). This means that the smaller production can be booked in conjunction to the larger production at a discount rate as long as it includes Supplier(s) performing in the larger production.
02.02.02.
The smaller production can only be booked at a discount rate if it is booked as a support act appearing in conjunction to the larger production.
02.03. Jazz Quartet
02.03.01.
The Jazz Quartet Support Act can be booked as:
02.03.01.01. 01-piece (vocalist OR horn, optional backing track)
02.03.01.02. 02-piece (vocalist OR horn, piano OR guitar)
02.03.01.03. 03-piece (vocalist OR horn, piano OR guitar, bass OR percussion)
02.03.01.04. 04-piece (vocalist OR horn, piano OR guitar, bass, percussion)
02.03.02.
The Jazz Quartet Support Act appearing as The Secondary Feature is always charged at The Zone 1 Rate, on the basis that it includes Supplier(s) performing in The Primary Feature.
02.04. String Quartet
02.04.01.
The String Quartet Support Act can only be booked as a 4-piece:
02.04.01.01. Violin
02.04.01.02. Violin
02.04.01.03. Viola
02.04.01.04. Violoncello
02.04.02.
The String Quartet Support Act appearing as The Secondary Feature is charged according to The Zone (distance of The Venue from The Home Postcode), on the basis that it does not include Supplier(s) performing in The Primary Feature.
02.05. DJ / Dance Tuition
02.05.01.
DJ / Dance Tuition is priced according to the conditions of The External Supplier(s). In some instances, dance tutors can provide DJ sets included in their Production(s) according to the conditions of The External Supplier(s).
02.06. Guest Artist
02.06.01
If The Guest Artist (appearing as a Support Act) falls inside the artistic scope and parameters of The Production and fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Guest Artist is hereby referred to as The Internal Supplier(s) as an individual privately booked by The Artist, and their fee(s), charge(s) and contractual arrangement(s) are incorporated into the overall Hire Agreement.
02.06.02
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Guest Artist is hereby referred to as The External Supplier(s) as an organisation corporately booked by The Artist, and their fee(s), charge(s) and contractual arrangement(s) are subject to the separate terms and conditions of The External Supplier(s), negotiated either indirectly via The Artist or directly via The Client.
02.06.02.01
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Artist agrees to inform The Client regarding this prior to The Point Of Contract.
02.06.02.02
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract; The Client reserves the right to stipulate whether they wish to liaise with the Guest Artist (appearing as a Support Act) either directly with The Guest Artist as a separate Hire Agreement or indirectly via The Artist as part of the same Hire Agreement.
02.06.02.03
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract, and The Client wishes that The Artist liaise with The Guest Artist as an External Supplier(s); The Artist must act as an intermediary point of contact between The Client and The External Supplier(s), for it to be included within the overall Hire Agreement.
02.06.02.04
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract, and The Client intends to liaise directly with their chosen External Supplier(s); The External Supplier(s) cannot qualify as Support Act(s). Any agreement(s) resulting from the separate liaison between The Client and The External Supplier(s) are deemed a separate Hire Agreement, and The Artist accepts no responsibility or liability within the separate Hire Agreement.
02.07
The Guest Artist (appearing as a Support Act) can work in 2 ways:
02.07.01.
Booked in substitution for Supplier(s) as part of The Primary Feature.
02.07.01.01.
At no extra cost if The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide.
02.07.01.02.
At extra cost if The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide, according to the conditions of The External Supplier(s).
02.07.02.
Booked in addition to The Supplier(s) as part of The Primary Feature.
02.07.02.01
If The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; costs are as advertised subject to availability.
02.07.02.02
If The Guest Artist falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide; costs are subject to the terms and conditions of The External Supplier(s).
02.08
The Guest Artist (appearing as a Support Act) can be a vocalist or an instrumentalist prescribing their own repertoire.
02.08.01
If The Guest Artist is an Internal Supplier, and they prescribe repertoire (as stipulated by The Client) that is on the current playlist of The Production; arrangements are subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
02.08.02
If The Guest Artist is an External Supplier,
02.08.02.01
And they prescribe repertoire (as stipulated by The Client) that is on the current playlist of The Artist; arrangements can be adapted to The Guest Artist subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
02.08.02.02.
And they prescribe repertoire (as stipulated by The Client) that is not on the current playlist of The Artist; requests are subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
02.01.01
The Secondary Feature constitutes The Support Act that is produced in addition to The Primary Feature.
02.01.02.
The Secondary Feature may include one or more Support Act(s) and / or alternative version(s) of The Primary Feature substituting for Support Act(s).
02.01.03.
The Supplier(s) involved in The Support Act(s) receive a separate Support Act Fee for appearing as part of The Support Act(s).
02.01.04.
The Support Act Fee accounts for a separate Time Allocation from The Performance Fee and cannot be combined with The Performance Fee, unless The Support Act incorporates a Guest Artist performing simultaneously with The Primary Feature.
02.01.05.
The Production, Jazz Quartet and String Quartet Support Acts are hereby referred to as Internal Supplier(s) because The Artist hires individuals privately and stipulates their fee(s), time allocation(s) and/or contractual arrangement(s). This means that they are deemed as Support Act(s) within the overall Hire Agreement.
02.01.06
The DJ, Dance Tuition and Guest Artist Support Acts are hereby referred to as External Supplier(s) because The Artist hires organisations corporately and does not stipulate their fee(s), time allocation(s) and/or contractual arrangement(s). This means that they are deemed as Support Act(s) within the overall Hire Agreement, but their Performance Fees and hiring / contractual arrangements are not managed by The Artist, and are subject to the separate terms and conditions of The External Supplier(s).
02.01.07.
If The Client hires The Artist, and intends to stipulate External Supplier(s) of their choosing as Support Act(s); The Artist must act as an intermediary point of contact between The Client and The External Supplier(s), for The External Supplier(s) to qualify as Support Act(s) and thereby be incorporated into the overall Hire Agreement.
02.01.08.
If The Client hires The Artist, and intends to stipulate External Supplier(s) of their choosing as Support Act(s), but intends to liaise directly with their chosen External Supplier(s); The External Supplier(s) cannot qualify as Support Act(s). Any agreement(s) resulting from the separate liaison between The Client and The External Supplier(s) are deemed a separate Hire Agreement, and The Artist accepts no responsibility or liability within the separate Hire Agreement.
02.02. Production as a Secondary Support Act
02.02.01.
Since 2016, Red & Black Music is offering the smaller productions (Fiesta Latina, 529, Rory) as support acts to the larger productions (Diáspora, Phasma). This means that the smaller production can be booked in conjunction to the larger production at a discount rate as long as it includes Supplier(s) performing in the larger production.
02.02.02.
The smaller production can only be booked at a discount rate if it is booked as a support act appearing in conjunction to the larger production.
02.03. Jazz Quartet
02.03.01.
The Jazz Quartet Support Act can be booked as:
02.03.01.01. 01-piece (vocalist OR horn, optional backing track)
02.03.01.02. 02-piece (vocalist OR horn, piano OR guitar)
02.03.01.03. 03-piece (vocalist OR horn, piano OR guitar, bass OR percussion)
02.03.01.04. 04-piece (vocalist OR horn, piano OR guitar, bass, percussion)
02.03.02.
The Jazz Quartet Support Act appearing as The Secondary Feature is always charged at The Zone 1 Rate, on the basis that it includes Supplier(s) performing in The Primary Feature.
02.04. String Quartet
02.04.01.
The String Quartet Support Act can only be booked as a 4-piece:
02.04.01.01. Violin
02.04.01.02. Violin
02.04.01.03. Viola
02.04.01.04. Violoncello
02.04.02.
The String Quartet Support Act appearing as The Secondary Feature is charged according to The Zone (distance of The Venue from The Home Postcode), on the basis that it does not include Supplier(s) performing in The Primary Feature.
02.05. DJ / Dance Tuition
02.05.01.
DJ / Dance Tuition is priced according to the conditions of The External Supplier(s). In some instances, dance tutors can provide DJ sets included in their Production(s) according to the conditions of The External Supplier(s).
02.06. Guest Artist
02.06.01
If The Guest Artist (appearing as a Support Act) falls inside the artistic scope and parameters of The Production and fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Guest Artist is hereby referred to as The Internal Supplier(s) as an individual privately booked by The Artist, and their fee(s), charge(s) and contractual arrangement(s) are incorporated into the overall Hire Agreement.
02.06.02
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Guest Artist is hereby referred to as The External Supplier(s) as an organisation corporately booked by The Artist, and their fee(s), charge(s) and contractual arrangement(s) are subject to the separate terms and conditions of The External Supplier(s), negotiated either indirectly via The Artist or directly via The Client.
02.06.02.01
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; The Artist agrees to inform The Client regarding this prior to The Point Of Contract.
02.06.02.02
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract; The Client reserves the right to stipulate whether they wish to liaise with the Guest Artist (appearing as a Support Act) either directly with The Guest Artist as a separate Hire Agreement or indirectly via The Artist as part of the same Hire Agreement.
02.06.02.03
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract, and The Client wishes that The Artist liaise with The Guest Artist as an External Supplier(s); The Artist must act as an intermediary point of contact between The Client and The External Supplier(s), for it to be included within the overall Hire Agreement.
02.06.02.04
If The Guest Artist (appearing as a Support Act) falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide, and The Artist has informed The Client regarding this prior to The Point Of Contract, and The Client intends to liaise directly with their chosen External Supplier(s); The External Supplier(s) cannot qualify as Support Act(s). Any agreement(s) resulting from the separate liaison between The Client and The External Supplier(s) are deemed a separate Hire Agreement, and The Artist accepts no responsibility or liability within the separate Hire Agreement.
02.07
The Guest Artist (appearing as a Support Act) can work in 2 ways:
02.07.01.
Booked in substitution for Supplier(s) as part of The Primary Feature.
02.07.01.01.
At no extra cost if The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide.
02.07.01.02.
At extra cost if The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide, according to the conditions of The External Supplier(s).
02.07.02.
Booked in addition to The Supplier(s) as part of The Primary Feature.
02.07.02.01
If The Guest Artist falls inside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production booking guide; costs are as advertised subject to availability.
02.07.02.02
If The Guest Artist falls outside the artistic scope and parameters of The Production and the fee(s), charge(s) and contractual arrangement(s) advertised within the most recent version of The Production technical guide; costs are subject to the terms and conditions of The External Supplier(s).
02.08
The Guest Artist (appearing as a Support Act) can be a vocalist or an instrumentalist prescribing their own repertoire.
02.08.01
If The Guest Artist is an Internal Supplier, and they prescribe repertoire (as stipulated by The Client) that is on the current playlist of The Production; arrangements are subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
02.08.02
If The Guest Artist is an External Supplier,
02.08.02.01
And they prescribe repertoire (as stipulated by The Client) that is on the current playlist of The Artist; arrangements can be adapted to The Guest Artist subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
02.08.02.02.
And they prescribe repertoire (as stipulated by The Client) that is not on the current playlist of The Artist; requests are subject to the terms and conditions as stipulated in the most recent version of The Production technical guide.
03. Transport
03.01.
For all Hire Agreements; The Artist requires transport provision or transport expenses in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
03.02.
All transport expenses (quoted at The Point Of Enquiry) are calculated thus:
03.02.01.
The Vehicle Quota (number of vehicles required) per Variation (as stipulated in the most recent version of The Production technical guide),
03.02.02.
Multiplied by the cost of petrol per mile, per Production (as stipulated in the most recent version of The Production technical guide),
03.02.03.
Multiplied by the distance (in miles) of The Engagement from the nearest Home Postcode of The Production (as stipulated in the most recent version of The Production technical guide) calculated using the online distance calculator on Google (www.google.com),
03.02.04.
Multiplied by 2 (inward / outward journeys).
03.03.
Each Variation prescribes a Vehicle Quota (as stipulated in the most recent version of The Production technical guide).
03.04.
The Vehicle Quota is set in accordance to The Variation, and the parameters vary per Production (as stipulated in the most recent version of The Production booking guide).
03.05.
The Vehicle Quota is not necessarily set in accordance to the number of Supplier(s), but as representative of the number of vehicles required to transport the number of Supplier(s) for each Variation, on the basis that The Supplier(s) share transport costs between themselves.
03.06.
The Artist will make known to The Client at The Point Of Enquiry any specific transport needs and requirements (e.g., if one or more Supplier(s) are not travelling to The Venue from The Home Postcode, or if The Artist is not able to stick to the usual vehicle quota) within reasonable capacity.
03.07.
For some Engagements; The Artist will quote to The Client public transport ticket costs instead of petrol costs depending on The Production and The Variation, in order to reduce transport costs for The Client.
03.08.
In instances whereby The Artist quotes public transport costs to The Client; The Artist will quote the maximum price for public transport ticket(s) as purchased on the day. This clause recognises that the public transport ticket costs are likely to increase between The Point Of Enquiry and The Point Of Contract. Public transport tickets are purchased are purchased at The Point Of Contract.
03.09.
Travel time is factored into The Performance Fee in accordance to The Zone; therefore, it is the responsibility of The Client to take this into consideration at The Point Of Enquiry.
03.10.
Public transport tickets are purchased in accordance to the timings of The Engagement as stipulated by The Client.
03.11.
Once a Hire Agreement is contracted:
03.11.01.
The Artist will quote to The Client (in writing) public transport tickets, dates, times and their binding terms and conditions prior to purchase in order to verify that the conditions are agreed.
03.11.02.
The Artist will make known to The Client (in writing) public transport tickets, dates, times and their binding terms and conditions subsequent to purchase.
03.11.03.
The Artist accepts no responsibility or liability for any deviation(s) from the dates/times as required by The Client subsequent to the purchase of public transport tickets, where deviation(s) do not result from change(s) in the conditions on the part of The Artist. In such circumstances, any deviation(s) from the conditions set out prior to purchase are accepted at the discretion of The Artist, and The Client is liable for any accrued expenses resulting directly from such deviation(s).
03.11.04.
If there are deviation(s) in the dates/times as required by The Client subsequent to the purchase of public transport tickets, where deviation(s) do not result from a change in the conditions of The Client, and The Client refuses to accept liability for any accrued expenses resulting directly from such deviation(s); any further action(s) and / or cancellation(s) are subject to the terms and conditions of section (11).
For all Hire Agreements; The Artist requires transport provision or transport expenses in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
03.02.
All transport expenses (quoted at The Point Of Enquiry) are calculated thus:
03.02.01.
The Vehicle Quota (number of vehicles required) per Variation (as stipulated in the most recent version of The Production technical guide),
03.02.02.
Multiplied by the cost of petrol per mile, per Production (as stipulated in the most recent version of The Production technical guide),
03.02.03.
Multiplied by the distance (in miles) of The Engagement from the nearest Home Postcode of The Production (as stipulated in the most recent version of The Production technical guide) calculated using the online distance calculator on Google (www.google.com),
03.02.04.
Multiplied by 2 (inward / outward journeys).
03.03.
Each Variation prescribes a Vehicle Quota (as stipulated in the most recent version of The Production technical guide).
03.04.
The Vehicle Quota is set in accordance to The Variation, and the parameters vary per Production (as stipulated in the most recent version of The Production booking guide).
03.05.
The Vehicle Quota is not necessarily set in accordance to the number of Supplier(s), but as representative of the number of vehicles required to transport the number of Supplier(s) for each Variation, on the basis that The Supplier(s) share transport costs between themselves.
03.06.
The Artist will make known to The Client at The Point Of Enquiry any specific transport needs and requirements (e.g., if one or more Supplier(s) are not travelling to The Venue from The Home Postcode, or if The Artist is not able to stick to the usual vehicle quota) within reasonable capacity.
03.07.
For some Engagements; The Artist will quote to The Client public transport ticket costs instead of petrol costs depending on The Production and The Variation, in order to reduce transport costs for The Client.
03.08.
In instances whereby The Artist quotes public transport costs to The Client; The Artist will quote the maximum price for public transport ticket(s) as purchased on the day. This clause recognises that the public transport ticket costs are likely to increase between The Point Of Enquiry and The Point Of Contract. Public transport tickets are purchased are purchased at The Point Of Contract.
03.09.
Travel time is factored into The Performance Fee in accordance to The Zone; therefore, it is the responsibility of The Client to take this into consideration at The Point Of Enquiry.
03.10.
Public transport tickets are purchased in accordance to the timings of The Engagement as stipulated by The Client.
03.11.
Once a Hire Agreement is contracted:
03.11.01.
The Artist will quote to The Client (in writing) public transport tickets, dates, times and their binding terms and conditions prior to purchase in order to verify that the conditions are agreed.
03.11.02.
The Artist will make known to The Client (in writing) public transport tickets, dates, times and their binding terms and conditions subsequent to purchase.
03.11.03.
The Artist accepts no responsibility or liability for any deviation(s) from the dates/times as required by The Client subsequent to the purchase of public transport tickets, where deviation(s) do not result from change(s) in the conditions on the part of The Artist. In such circumstances, any deviation(s) from the conditions set out prior to purchase are accepted at the discretion of The Artist, and The Client is liable for any accrued expenses resulting directly from such deviation(s).
03.11.04.
If there are deviation(s) in the dates/times as required by The Client subsequent to the purchase of public transport tickets, where deviation(s) do not result from a change in the conditions of The Client, and The Client refuses to accept liability for any accrued expenses resulting directly from such deviation(s); any further action(s) and / or cancellation(s) are subject to the terms and conditions of section (11).
04. Accommodation
04.01.
For some Hire Agreements, The Artist requires either accommodation provision or accommodation expenses in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate. Conditions depend on The Zone and the performance finish time.
04.02.
All accommodation expenses (quoted at The Point Of Enquiry) are calculated thus:
04.02.01.
The Room Quota (number of rooms required) per Variation (as stipulated in the most recent version of The Production technical guide).
04.02.02.
Multiplied by the rates quoted from the Travelodge nearest to the postcode of The Engagement (www.travelodge.co.uk).
04.03.
Each Variation (number of musicians appearing as part of the band) prescribes a Room Quota.
04.04.
The Room Quota is set in accordance with The Variation, and its parameters vary per Production (as stipulated in the most recent version of The Production technical guide).
04.05.
The Room Quota is not necessarily set in accordance with the number of Supplier(s), but as representative of the number of rooms required to accommodate the number of Supplier(s) for each Variation, on the basis that The Supplier(s) share accommodation between themselves.
04.06.
The Artist will make known to The Client at The Point Of Contract any specific accommodation needs and requirements (e.g., if one of more Supplier(s) intend to stay with friends / family) within reasonable capacity.
04.07.
For all Hire Agreements; accommodation conditions are treated separately to subsistence conditions, which are determined by The Zone.
04.08.
Instead of paying accommodation expenses; The Client may elect to pay a Late Finish charge subject to the terms and conditions listed in section (09). However, this is determined by the availability of transport resources.
For some Hire Agreements, The Artist requires either accommodation provision or accommodation expenses in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate. Conditions depend on The Zone and the performance finish time.
04.02.
All accommodation expenses (quoted at The Point Of Enquiry) are calculated thus:
04.02.01.
The Room Quota (number of rooms required) per Variation (as stipulated in the most recent version of The Production technical guide).
04.02.02.
Multiplied by the rates quoted from the Travelodge nearest to the postcode of The Engagement (www.travelodge.co.uk).
04.03.
Each Variation (number of musicians appearing as part of the band) prescribes a Room Quota.
04.04.
The Room Quota is set in accordance with The Variation, and its parameters vary per Production (as stipulated in the most recent version of The Production technical guide).
04.05.
The Room Quota is not necessarily set in accordance with the number of Supplier(s), but as representative of the number of rooms required to accommodate the number of Supplier(s) for each Variation, on the basis that The Supplier(s) share accommodation between themselves.
04.06.
The Artist will make known to The Client at The Point Of Contract any specific accommodation needs and requirements (e.g., if one of more Supplier(s) intend to stay with friends / family) within reasonable capacity.
04.07.
For all Hire Agreements; accommodation conditions are treated separately to subsistence conditions, which are determined by The Zone.
04.08.
Instead of paying accommodation expenses; The Client may elect to pay a Late Finish charge subject to the terms and conditions listed in section (09). However, this is determined by the availability of transport resources.
05. Subsistence
05.01.
For all Hire Agreements, The Artist requires either reasonable subsistence provision appropriate to the time involved in The Engagement, or subsistence expenses (per Supplier(s) / per 6 hours’ Engagement time, inclusive of travel time) in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
05.02.
All subsistence expenses (quoted at The Point Of Enquiry) are calculated thus:
05.02.01. The number of Supplier(s).
05.02.02. Multiplied by a nominal subsistence expense per Zone (as stipulated in the most recent version of The Production technical guide).
05.03.
The Artist will make known to The Supplier(s) at The Point Of Contract any specific subsistence needs and requirements (e.g., dietary or medical requirements) within reasonable capacity, and provide a rider in accordance with the subsistence needs and requirements of The Artist.
05.04.
Any rider attached hereto and signed by both parties is deemed incorporated into the agreement.
For all Hire Agreements, The Artist requires either reasonable subsistence provision appropriate to the time involved in The Engagement, or subsistence expenses (per Supplier(s) / per 6 hours’ Engagement time, inclusive of travel time) in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
05.02.
All subsistence expenses (quoted at The Point Of Enquiry) are calculated thus:
05.02.01. The number of Supplier(s).
05.02.02. Multiplied by a nominal subsistence expense per Zone (as stipulated in the most recent version of The Production technical guide).
05.03.
The Artist will make known to The Supplier(s) at The Point Of Contract any specific subsistence needs and requirements (e.g., dietary or medical requirements) within reasonable capacity, and provide a rider in accordance with the subsistence needs and requirements of The Artist.
05.04.
Any rider attached hereto and signed by both parties is deemed incorporated into the agreement.
06. Sound
05.01.
For all Hire Agreements, The Artist requires either reasonable subsistence provision appropriate to the time involved in The Engagement, or subsistence expenses (per Supplier(s) / per 6 hours’ Engagement time, inclusive of travel time) in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
05.02.
All subsistence expenses (quoted at The Point Of Enquiry) are calculated thus:
05.02.01. The number of Supplier(s).
05.02.02. Multiplied by a nominal subsistence expense per Zone (as stipulated in the most recent version of The Production technical guide).
05.03.
The Artist will make known to The Supplier(s) at The Point Of Contract any specific subsistence needs and requirements (e.g., dietary or medical requirements) within reasonable capacity, and provide a rider in accordance with the subsistence needs and requirements of The Artist.
05.04.
Any rider attached hereto and signed by both parties is deemed incorporated into the agreement.
For all Hire Agreements, The Artist requires either reasonable subsistence provision appropriate to the time involved in The Engagement, or subsistence expenses (per Supplier(s) / per 6 hours’ Engagement time, inclusive of travel time) in addition to The Performance Fee, unless The Client is hiring The Artist at The Nominal Rate.
05.02.
All subsistence expenses (quoted at The Point Of Enquiry) are calculated thus:
05.02.01. The number of Supplier(s).
05.02.02. Multiplied by a nominal subsistence expense per Zone (as stipulated in the most recent version of The Production technical guide).
05.03.
The Artist will make known to The Supplier(s) at The Point Of Contract any specific subsistence needs and requirements (e.g., dietary or medical requirements) within reasonable capacity, and provide a rider in accordance with the subsistence needs and requirements of The Artist.
05.04.
Any rider attached hereto and signed by both parties is deemed incorporated into the agreement.
07. Lighting
07.01.
For all Hire Agreements, lighting provision is subject to the needs and requirements of The Client. Only if The Client specifically requires global lighting will The Artist out-source lighting facilities from External Supplier(s) in accordance with the lighting needs and requirements of The Client and / or The Venue.
07.02.
If The Artist cannot provide global lighting; The Artist may provide local lighting (e.g., music stand lighting) at the discretion of The Supplier(s) subject to availability and to the lighting conditions of The Venue.
07.03.
Lighting Facilities hereby constitutes both the hire and operation of lighting equipment.
Certification
07.04.
The Client agrees to make known to The Artist at The Point Of Contract if they require evidence of Public Liability Insurance (P.L.I.) certification as a mandatory condition of hiring The Artist.
07.05.
The Artist agrees to provide The Client with evidence of Public Liability Insurance (P.L.I.) to the value of £10,000 as covered by The Producer / The Supplier(s) membership with the Musicians’ Union (M.U.), Incorporated Society of Musicians (I.S.M.) or equivalent trade union, if it is stipulated at The Point Of Contract.
07.06.
The Client agrees to make known to The Artist at The Point Of Contract if they require evidence of Portable Appliance Testing (P.A.T.) certification as a mandatory condition of hiring The Artist.
07.07.
The Artist agrees to provide The Client with evidence of Portable Appliance Testing (P.A.T.) certification if it is stipulated at The Point Of Contract.
07.08.
The Client agrees to provide mains electricity from a safe source for the duration of The Engagement, unless agreed between The Client and The Artist verbally or otherwise at The Point Of Contract (e.g., acoustic performances).
07.09.
The Artist agrees to use equipment of a good standard from a reputable manufacturer that is in a safe and stable condition for the duration of The Engagement.
For all Hire Agreements, lighting provision is subject to the needs and requirements of The Client. Only if The Client specifically requires global lighting will The Artist out-source lighting facilities from External Supplier(s) in accordance with the lighting needs and requirements of The Client and / or The Venue.
07.02.
If The Artist cannot provide global lighting; The Artist may provide local lighting (e.g., music stand lighting) at the discretion of The Supplier(s) subject to availability and to the lighting conditions of The Venue.
07.03.
Lighting Facilities hereby constitutes both the hire and operation of lighting equipment.
Certification
07.04.
The Client agrees to make known to The Artist at The Point Of Contract if they require evidence of Public Liability Insurance (P.L.I.) certification as a mandatory condition of hiring The Artist.
07.05.
The Artist agrees to provide The Client with evidence of Public Liability Insurance (P.L.I.) to the value of £10,000 as covered by The Producer / The Supplier(s) membership with the Musicians’ Union (M.U.), Incorporated Society of Musicians (I.S.M.) or equivalent trade union, if it is stipulated at The Point Of Contract.
07.06.
The Client agrees to make known to The Artist at The Point Of Contract if they require evidence of Portable Appliance Testing (P.A.T.) certification as a mandatory condition of hiring The Artist.
07.07.
The Artist agrees to provide The Client with evidence of Portable Appliance Testing (P.A.T.) certification if it is stipulated at The Point Of Contract.
07.08.
The Client agrees to provide mains electricity from a safe source for the duration of The Engagement, unless agreed between The Client and The Artist verbally or otherwise at The Point Of Contract (e.g., acoustic performances).
07.09.
The Artist agrees to use equipment of a good standard from a reputable manufacturer that is in a safe and stable condition for the duration of The Engagement.
08. Early Arrival
08.01.
Lead Time varies per production, and accounts for the following:
08.01. Arrival
08.02. Set up
08.03. Sound check
08.04. Curfew
08.02.
If The Client stipulates an earlier Lead Time (more than the standard production Lead Time) prior to The Point Of Contract; The Artist will charge a waiting fee based on the number of hours, on the basis that The Supplier(s) are potentially working during standard daytime hours (09:00 – 17:00) on the date(s) or range thereof of The Engagement. This waiting fee varies per production and constitutes a percentage of The Performance Fee only for The Artist as a whole.
08.03.
If The Client stipulates an earlier arrival and set-up time subsequent to The Point Of Contract; The Artist will make every effort to fulfil this requirement, but this cannot be guaranteed, unless a revision of The Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions listed in section (13) can be arranged.
08.04.
If the actual performance start time is delayed due to a late set up or sound check (where applicable) caused on the part of The Client; The Artist accepts no responsibility or liability for this.
Lead Time varies per production, and accounts for the following:
08.01. Arrival
08.02. Set up
08.03. Sound check
08.04. Curfew
08.02.
If The Client stipulates an earlier Lead Time (more than the standard production Lead Time) prior to The Point Of Contract; The Artist will charge a waiting fee based on the number of hours, on the basis that The Supplier(s) are potentially working during standard daytime hours (09:00 – 17:00) on the date(s) or range thereof of The Engagement. This waiting fee varies per production and constitutes a percentage of The Performance Fee only for The Artist as a whole.
08.03.
If The Client stipulates an earlier arrival and set-up time subsequent to The Point Of Contract; The Artist will make every effort to fulfil this requirement, but this cannot be guaranteed, unless a revision of The Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions listed in section (13) can be arranged.
08.04.
If the actual performance start time is delayed due to a late set up or sound check (where applicable) caused on the part of The Client; The Artist accepts no responsibility or liability for this.
09. Late Departure
09.01.
Trail Time varies per production, and accounts for the following:
09.01.01. Breakdown
09.01.02. Departure
09.02.
If The Client stipulates a later Trail Time (more than the standard production Lead Time) prior to The Point Of Contract; The Artist will charge a waiting fee based on the number of hours. This waiting fee varies per production constitutes a percentage of The Performance Fee for The Artist as a whole.
09.03.
If the actual Trail Time extends beyond the contracted Trail Time where The Artist has not charged The Client for a Late Departure) and The Client does elect to pay a Late Departure Charge; the extended length of time will be agreed verbally or otherwise between The Artist and The Client at The Point Of Advance, and the actual performance end time will be altered subject to the final discretion of The Artist with respect to the needs and requirements of The Client.
09.04.
If the actual Trail Time extends beyond the contracted Trail Time (where The Artist has not charged The Client for a Late Departure) and The Client does not elect to pay a Late Departure Charge; The Artist reserves the right to commence breakdown / departure at any point beyond the contracted performance end time.
09.05.
If the actual Trail Time extends beyond the contracted Trail Time (where The Artist has not charged The Client for a Late Departure) and The Client does not elect to pay a Late Departure Charge; The Artist will act in accordance with the interest(s) of The Supplier(s) who do not consent or express non-consent to a Late Departure regardless of whether The Client offers additional payment on the day or not.
Trail Time varies per production, and accounts for the following:
09.01.01. Breakdown
09.01.02. Departure
09.02.
If The Client stipulates a later Trail Time (more than the standard production Lead Time) prior to The Point Of Contract; The Artist will charge a waiting fee based on the number of hours. This waiting fee varies per production constitutes a percentage of The Performance Fee for The Artist as a whole.
09.03.
If the actual Trail Time extends beyond the contracted Trail Time where The Artist has not charged The Client for a Late Departure) and The Client does elect to pay a Late Departure Charge; the extended length of time will be agreed verbally or otherwise between The Artist and The Client at The Point Of Advance, and the actual performance end time will be altered subject to the final discretion of The Artist with respect to the needs and requirements of The Client.
09.04.
If the actual Trail Time extends beyond the contracted Trail Time (where The Artist has not charged The Client for a Late Departure) and The Client does not elect to pay a Late Departure Charge; The Artist reserves the right to commence breakdown / departure at any point beyond the contracted performance end time.
09.05.
If the actual Trail Time extends beyond the contracted Trail Time (where The Artist has not charged The Client for a Late Departure) and The Client does not elect to pay a Late Departure Charge; The Artist will act in accordance with the interest(s) of The Supplier(s) who do not consent or express non-consent to a Late Departure regardless of whether The Client offers additional payment on the day or not.
10. Extended Set
10.01.
Engagement Time varies per production, and accounts for the cumulative duration of performance set(s) and interval(s) between the following 2 points:
10.01.01. Start
10.01.02. End
10.02.
Performance Time varies per production and is a set number of minutes divided into set(s), with interval(s) between the set(s).
10.03.
Overtime hereby constitutes the difference between the contracted Engagement Duration as stipulated in the written Contract (as representative of The Engagement and its binding terms and conditions) and the actual Engagement Duration that unfolds during its realisation.
10.04.
If the contracted Engagement Time exceeds the maximum Engagement Time (as stipulated in the most recent version of The Production technical guide); The Artist will charge The Client an Extended Duration Charge, constituting a percentage of The Performance Fee according to the length of overtime, charged in addition to The Performance Fee as a whole.
06.
The Performance Fee Time Allocation rule and The Extended Time Charge rule also apply to The Jazz Quartet, The String Quartet and The Guest Artist Support Act(s), although they vary for other Support Act(s) subject to the separate terms and conditions of The External Supplier(s).
07.
Support Act(s) substituting Supplier(s) in The Primary Feature are incorporated into the same Time Allocation as The Primary Feature Time Allocation.
08.
Standalone Support Act(s) are hired as a separate Secondary Feature Time Allocation and they cannot be combined with The Primary Feature Time Allocation.
09.
The Secondary Feature Support Act is priced per 1 separate Time Allocation, and cannot be combined with The Primary Feature Basic Package.
Terms
01.
The contracted timings are the timings agreed at The Point Of Contract, as stipulated in the written Contract (as representative of The Engagement and its binding terms and conditions).
02.
The actual timings are the timings that unfold during realisation..
03.
The Artist agrees to make known to The Client any timings charges subject to the terms and conditions of section (10) at The Point Of Enquiry.
04.
The Client agrees to make known to The Artist in the first instance if there are any deviation(s) in the contracted timings subsequent to The Point Of Contract.
Engagement Time varies per production, and accounts for the cumulative duration of performance set(s) and interval(s) between the following 2 points:
10.01.01. Start
10.01.02. End
10.02.
Performance Time varies per production and is a set number of minutes divided into set(s), with interval(s) between the set(s).
10.03.
Overtime hereby constitutes the difference between the contracted Engagement Duration as stipulated in the written Contract (as representative of The Engagement and its binding terms and conditions) and the actual Engagement Duration that unfolds during its realisation.
10.04.
If the contracted Engagement Time exceeds the maximum Engagement Time (as stipulated in the most recent version of The Production technical guide); The Artist will charge The Client an Extended Duration Charge, constituting a percentage of The Performance Fee according to the length of overtime, charged in addition to The Performance Fee as a whole.
06.
The Performance Fee Time Allocation rule and The Extended Time Charge rule also apply to The Jazz Quartet, The String Quartet and The Guest Artist Support Act(s), although they vary for other Support Act(s) subject to the separate terms and conditions of The External Supplier(s).
07.
Support Act(s) substituting Supplier(s) in The Primary Feature are incorporated into the same Time Allocation as The Primary Feature Time Allocation.
08.
Standalone Support Act(s) are hired as a separate Secondary Feature Time Allocation and they cannot be combined with The Primary Feature Time Allocation.
09.
The Secondary Feature Support Act is priced per 1 separate Time Allocation, and cannot be combined with The Primary Feature Basic Package.
Terms
01.
The contracted timings are the timings agreed at The Point Of Contract, as stipulated in the written Contract (as representative of The Engagement and its binding terms and conditions).
02.
The actual timings are the timings that unfold during realisation..
03.
The Artist agrees to make known to The Client any timings charges subject to the terms and conditions of section (10) at The Point Of Enquiry.
04.
The Client agrees to make known to The Artist in the first instance if there are any deviation(s) in the contracted timings subsequent to The Point Of Contract.
11. Requests
10.01.
Special requests options and costs vary per production. See The Production booking guide for full costs and details.
10.02.
The Artist reserves the right to decline song request(s) if the song request is made after The Point Of Contract.
10.03.
The Artist reserves the right to decline song request(s) at The Point Of Contract:
10.03.01. If the song request is made at late notice (within 2 weeks of The Engagement date).
10.03.02. If the song request is deemed outside the artistic scope and parameters of The Production subject to the discretion of The Artist.
10.04.
The Artist reserves the right to decline song request(s) that have not been agreed:
10.01. Contractually (in writing) prior to realisation subject to the discretion of The Artist.
10.02. Verbally or otherwise during realisation subject to the discretion of The Artist.
10.05.
If The Client makes a song request during realisation; The Artist reserves the right to:
10.05.01. Either, decline the song request.
10.05.02. Or, charge up front for the song request during realisation.
10.06.
A ‘song’ does constitute an autonomous body of music familiar to band member(s) and listeners alike; made known by its respective artist, album and / or genre(s) for its harmony, melody, rhythm, lyric, structure and / or any other distinguishing characteristics; musical, literary and / or otherwise.
10.07.
A ‘song’ does not constitute two or more songs segued / linked together in a medley. Two or more song requests cannot be combined into one song request as part of a medley.
Special requests options and costs vary per production. See The Production booking guide for full costs and details.
10.02.
The Artist reserves the right to decline song request(s) if the song request is made after The Point Of Contract.
10.03.
The Artist reserves the right to decline song request(s) at The Point Of Contract:
10.03.01. If the song request is made at late notice (within 2 weeks of The Engagement date).
10.03.02. If the song request is deemed outside the artistic scope and parameters of The Production subject to the discretion of The Artist.
10.04.
The Artist reserves the right to decline song request(s) that have not been agreed:
10.01. Contractually (in writing) prior to realisation subject to the discretion of The Artist.
10.02. Verbally or otherwise during realisation subject to the discretion of The Artist.
10.05.
If The Client makes a song request during realisation; The Artist reserves the right to:
10.05.01. Either, decline the song request.
10.05.02. Or, charge up front for the song request during realisation.
10.06.
A ‘song’ does constitute an autonomous body of music familiar to band member(s) and listeners alike; made known by its respective artist, album and / or genre(s) for its harmony, melody, rhythm, lyric, structure and / or any other distinguishing characteristics; musical, literary and / or otherwise.
10.07.
A ‘song’ does not constitute two or more songs segued / linked together in a medley. Two or more song requests cannot be combined into one song request as part of a medley.
Marketing, Presentation & Representation
Representation
12.01.
If The Client is an Agent or a Third Party acting on behalf of The Client; The Representation / Representation Agreement hereby constitutes the agreement between The Artist and The Agent or Third Party in all matters concerning the Hire, Engagement and Representation of The Artist and / or The Production(s) via all media (audio / photo / video and / or recordings by any and all means) nationally and internationally, such as on agency website(s) and equivalent digital platforms.
02.
If The Client is an Agent or Third Party; The Representation Status within Red & Black Music not limited to Production(s) is monitored and assessed accordingly:
02.01. Negative
a. Terms
i. The Representation Status is not deemed ‘Negative’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, but;
- The Client has not stipulated their non‑intention to Represent The Artist.
ii. The Representation Status is deemed ‘Negative’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, and;
- The Client has stipulated their non‑intention to Represent The Artist.
b. Conditions
i. If The Client has stipulated their non‑intention to Represent The Artist; The Artist agrees to cease contacting The Client to request representation and / or feedback.
02.02. Inactive
a. Terms
i. The Representation Status is not deemed ‘Inactive’ if:
- The Artist has not contacted The Client one or more times to request representation and / or feedback.
ii, The Representation Status is deemed ‘Inactive’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, and;
- The Client has not stipulated their non‑intention to Represent The Artist.
b. Conditions
i. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist is under no obligation to cease contacting The Client to request representation and / or feedback, because The Client has not requested The Artist to cease contacting The Client to request representation and / or feedback.
ii. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist accepts no responsibility or liability for claim(s) of a breach in Data Protection and / or harassment charges made on the part of The Client if The Client has not stipulated that they do not wish to be contacted, prior to the claim(s) being made against The Artist, on the basis that the contact details of The Client have been made available to The Artist in the public domain (i.e., via websites or solicited referral).
02.03. Active
a. Terms
i. The Representation Status is not deemed ‘Active’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, but;
- The Client has not stipulated their intention to Represent The Artist, but;
ii. The Representation Status is deemed ‘Active’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, but;
- The Client has not agreed to take action on their intention to Represent The Artist.
b. Conditions
i. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist is under no obligation to cease contacting The Client to request representation and / or feedback, because The Client has not requested The Artist to cease contacting The Client to request representation and / or feedback.
ii. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist accepts no responsibility or liability for claim(s) of a breach in Data Protection and / or harassment charges made on the part of The Client if The Client has not stipulated that they do not wish to be contacted, prior to the claim(s) being made against The Artist, on the basis that the contact details of The Client have been made available to The Artist in the public domain (i.e., via websites or solicited referral).
02.04. Positive 1
a. Terms
i. The Representation Status is not deemed ‘Positive 1’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, but;
- The Client has not agreed to take action on their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 1’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, but;
- The Client has not taken action on their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
02.05. Positive 2
a. Terms
i. The Representation Status is not deemed ‘Positive 2’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, but;
- The Client has not taken action on their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 2’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, but;
- The Client has not made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
iv. The Client agrees to take action on such update(s) in the marketing materials and digital platforms (websites and social media) of The Client.
02. 06. Positive 3
a. Terms
i. The Representation Status is not deemed ‘Positive 3’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, but;
- The Client has not made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 3’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, and;
- The Client has made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
iv. The Client agrees to take action on such update(s) in the marketing materials and digital platforms (websites and social media) of The Client.
v. The Client agrees to allow The Artist to stipulate the means by which such update(s) are presented in the marketing materials and digital platforms (websites and social media) of The Client.
03.
Commission: If The Client is an Agent or a Third Party acting on behalf of The Client;
01. And The Artist does have an exclusive agreement with The Agent; commission will be deducted from The Total Fee (Due To Artist). This only applies in instances whereby The Artist has an exclusive agreement with The Agent, and The Agent is working on behalf of The Artist, subject to written agreement.
02. And The Artist does not have an exclusive agreement with The Agent; commission will be added on top of The Total Fee (Due To Artist). This applies in instances whereby The Artist is part of a roster, and The Agent is working on behalf of The Client, subject to written agreement.
04.
VAT:
01. If The Client is an Agent or a Third Party acting on behalf of The Client; any VAT (subject to the terms and conditions of The Agent) will be added on top of The Total Fee (Due To Artist) for bookings made indirectly via The Agent.
02. If The Client is not an Agent or a Third Party acting on behalf of The Client; Red & Black Music is not VAT-registered, and The Artist will not add VAT for bookings made directly via The Artist.
05.
If The Artist is booked via an Agent or Third Party acting on behalf of The Client;
01. And The Agent or Third Party requires The Artist to operate under an exclusive name; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and to operate under an alternative Production name as compliant with The Agent or Third Party (where applicable).
02. And The Agent or Third Party stipulates requirements that fall outside of the artistic scope and parameters of The Production; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and The Client agrees to comply with The Artist operating under an alternative name.
03. And The Agent or Third Party stipulates requirements that fall outside of the artistic scope and parameters of The Production, and The Agent does not agree to comply with The Artist operating under an alternative name; The Artist reserves the right to withdraw from The Hire Agreement at any point, unless The Agent agrees to comply with The Artist operating under an alternative name.
06.
If The Artist is not booked via an Agent or Third Party acting on behalf of The Client;
01. The Artist reserves the right to operate under the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, as representative of its constituent Supplier(s) and appearing as known in their usual form of entertainment (as applicable).
02. And The Client stipulates requirements that fall outside of the artistic scope and parameters of The Production; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and The Client agrees to comply with The Artist operating under an alternative name.
03. And The Client stipulates requirements that fall outside of the artistic scope and parameters of The Production, and The Client does not agree to comply with The Artist operating under an alternative name; The Artist reserves the right to withdraw from The Hire Agreement at any point, unless The Client agrees to comply with The Artist operating under an alternative name.
07.
The Artist is not obliged to disclose contact details of The Supplier(s) to The Client, unless agreed verbally or otherwise subsequent to The Point Of Confirmation.
Multimedia
08.
Disclaimer:
01. If The Client permits the recording of digital media (audio / photo / video images) at The Venue of The Engagement and / or during The Engagement; The Client grants permission to The Artist, its Agents and Partners to take and use digital media (audio / photo / video images), hereby referred to as The Images.
02. The Images may include any type of recording including but not limited to:
- Photographs
- Renderings
- Voices
- Sounds
- Video / Audio Recordings
- Accompanying Written Descriptions
03. The Artist agrees to not materially alter The Images beyond reasonable retouching.
04. The Client hereby assigns any and all rights that they may have in The Images to The Artist.
05. The Client consents for The Images to be used in any manner or media without notifying them, such as (without limitation):
- Websites
- Publications
- Promotions
- Broadcasts
- Advertisements
- Posters
- Marketing Materials
06. The Client, in assigning any rights that they may have in The Images, waives their right to inspect or approve the finished Images or any printed electronic matter that may be used with them.
07. The Client, in authorising the recording of The Images, automatically attains the right to use The Images for the promotion and documentation of other Engagements where they are hiring or engaging The Artist.
08. The Client consents for the recorded media to be used indefinitely and without further payment for the promotion and documentation of Red & Black Music Production(s) via all media (audio / photo / video and / or recordings by any and all means) nationally and internationally.
09. The Client hereby releases The Artist and its Agents and Partners, including any first authorised to publish and / or distribute a finished Production containing The Images, from any claims, damages or liability which The Client may ever have in connection with the taking of use of The Images or printed materials used in connection with The Images.
09.
Copyright:
01. The Client agrees that all usage rights in any digital media (audio / photo / video images), hereby referred to as The Images, resulting from The Engagement, lie with Red & Black Music.
02. The Client agrees that The Images may only be used by The Artist or on behalf of The Artist to promote Red & Black Music and its Productions, or Engagements where The Client is hiring or engaging The Artist.
03. The Client agrees to not use The Images for another Artist or Production of an unrelated business nature, unless agreed (verbally or otherwise) by The Artist.
04. The Client agrees to not permit the use of The Images by another Individual or Organisation for another Artist or Production of an unrelated business nature, unless agreed (verbally or otherwise) by The Artist.
12.01.
If The Client is an Agent or a Third Party acting on behalf of The Client; The Representation / Representation Agreement hereby constitutes the agreement between The Artist and The Agent or Third Party in all matters concerning the Hire, Engagement and Representation of The Artist and / or The Production(s) via all media (audio / photo / video and / or recordings by any and all means) nationally and internationally, such as on agency website(s) and equivalent digital platforms.
02.
If The Client is an Agent or Third Party; The Representation Status within Red & Black Music not limited to Production(s) is monitored and assessed accordingly:
02.01. Negative
a. Terms
i. The Representation Status is not deemed ‘Negative’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, but;
- The Client has not stipulated their non‑intention to Represent The Artist.
ii. The Representation Status is deemed ‘Negative’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, and;
- The Client has stipulated their non‑intention to Represent The Artist.
b. Conditions
i. If The Client has stipulated their non‑intention to Represent The Artist; The Artist agrees to cease contacting The Client to request representation and / or feedback.
02.02. Inactive
a. Terms
i. The Representation Status is not deemed ‘Inactive’ if:
- The Artist has not contacted The Client one or more times to request representation and / or feedback.
ii, The Representation Status is deemed ‘Inactive’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, and;
- The Client has not stipulated their non‑intention to Represent The Artist.
b. Conditions
i. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist is under no obligation to cease contacting The Client to request representation and / or feedback, because The Client has not requested The Artist to cease contacting The Client to request representation and / or feedback.
ii. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist accepts no responsibility or liability for claim(s) of a breach in Data Protection and / or harassment charges made on the part of The Client if The Client has not stipulated that they do not wish to be contacted, prior to the claim(s) being made against The Artist, on the basis that the contact details of The Client have been made available to The Artist in the public domain (i.e., via websites or solicited referral).
02.03. Active
a. Terms
i. The Representation Status is not deemed ‘Active’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback, but;
- The Client has not stipulated their intention to Represent The Artist, but;
ii. The Representation Status is deemed ‘Active’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, but;
- The Client has not agreed to take action on their intention to Represent The Artist.
b. Conditions
i. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist is under no obligation to cease contacting The Client to request representation and / or feedback, because The Client has not requested The Artist to cease contacting The Client to request representation and / or feedback.
ii. If The Client has not stipulated their non‑intention to Represent The Artist; The Artist accepts no responsibility or liability for claim(s) of a breach in Data Protection and / or harassment charges made on the part of The Client if The Client has not stipulated that they do not wish to be contacted, prior to the claim(s) being made against The Artist, on the basis that the contact details of The Client have been made available to The Artist in the public domain (i.e., via websites or solicited referral).
02.04. Positive 1
a. Terms
i. The Representation Status is not deemed ‘Positive 1’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, but;
- The Client has not agreed to take action on their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 1’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, but;
- The Client has not taken action on their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
02.05. Positive 2
a. Terms
i. The Representation Status is not deemed ‘Positive 2’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, but;
- The Client has not taken action on their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 2’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, but;
- The Client has not made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
iv. The Client agrees to take action on such update(s) in the marketing materials and digital platforms (websites and social media) of The Client.
02. 06. Positive 3
a. Terms
i. The Representation Status is not deemed ‘Positive 3’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, but;
- The Client has not made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
ii. The Representation Status is deemed ‘Positive 3’ if:
- The Artist has contacted The Client one or more times to request representation and / or feedback.
- The Client has stipulated their intention to Represent The Artist, and;
- The Client has agreed to take action on their intention to Represent The Artist, and;
- The Client has taken action on their intention to Represent The Artist, and;
- The Client has made it possible for The Artist to stipulate the means by which The Client carries out their intention to Represent The Artist.
b. Conditions
i. The Artist agrees to keep The Client(s) updated with any new publicity materials, digital media (audio / photo / video images) and / or changes in costs as part of The Representation Agreement and working Relationship between The Artist and The Client, until The Client either terminates The Representation Agreement and / or requests The Artist to cease contacting The Client.
ii. The Client agrees that any such update(s) are part of The Representation Agreement and working Relationship between The Artist and The Client and do not constitute a marketing / mailing list.
iii. The Artist accepts no contractual responsibility or liability to The Client in the event of any Misrepresentation of The Artist / The Production(s) on the part of The Client, not otherwise caused by The Artist.
iv. The Client agrees to take action on such update(s) in the marketing materials and digital platforms (websites and social media) of The Client.
v. The Client agrees to allow The Artist to stipulate the means by which such update(s) are presented in the marketing materials and digital platforms (websites and social media) of The Client.
03.
Commission: If The Client is an Agent or a Third Party acting on behalf of The Client;
01. And The Artist does have an exclusive agreement with The Agent; commission will be deducted from The Total Fee (Due To Artist). This only applies in instances whereby The Artist has an exclusive agreement with The Agent, and The Agent is working on behalf of The Artist, subject to written agreement.
02. And The Artist does not have an exclusive agreement with The Agent; commission will be added on top of The Total Fee (Due To Artist). This applies in instances whereby The Artist is part of a roster, and The Agent is working on behalf of The Client, subject to written agreement.
04.
VAT:
01. If The Client is an Agent or a Third Party acting on behalf of The Client; any VAT (subject to the terms and conditions of The Agent) will be added on top of The Total Fee (Due To Artist) for bookings made indirectly via The Agent.
02. If The Client is not an Agent or a Third Party acting on behalf of The Client; Red & Black Music is not VAT-registered, and The Artist will not add VAT for bookings made directly via The Artist.
05.
If The Artist is booked via an Agent or Third Party acting on behalf of The Client;
01. And The Agent or Third Party requires The Artist to operate under an exclusive name; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and to operate under an alternative Production name as compliant with The Agent or Third Party (where applicable).
02. And The Agent or Third Party stipulates requirements that fall outside of the artistic scope and parameters of The Production; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and The Client agrees to comply with The Artist operating under an alternative name.
03. And The Agent or Third Party stipulates requirements that fall outside of the artistic scope and parameters of The Production, and The Agent does not agree to comply with The Artist operating under an alternative name; The Artist reserves the right to withdraw from The Hire Agreement at any point, unless The Agent agrees to comply with The Artist operating under an alternative name.
06.
If The Artist is not booked via an Agent or Third Party acting on behalf of The Client;
01. The Artist reserves the right to operate under the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, as representative of its constituent Supplier(s) and appearing as known in their usual form of entertainment (as applicable).
02. And The Client stipulates requirements that fall outside of the artistic scope and parameters of The Production; The Artist reserves the right to withdraw the name of The Production (as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions), its brand and all of its common attributes, and The Client agrees to comply with The Artist operating under an alternative name.
03. And The Client stipulates requirements that fall outside of the artistic scope and parameters of The Production, and The Client does not agree to comply with The Artist operating under an alternative name; The Artist reserves the right to withdraw from The Hire Agreement at any point, unless The Client agrees to comply with The Artist operating under an alternative name.
07.
The Artist is not obliged to disclose contact details of The Supplier(s) to The Client, unless agreed verbally or otherwise subsequent to The Point Of Confirmation.
Multimedia
08.
Disclaimer:
01. If The Client permits the recording of digital media (audio / photo / video images) at The Venue of The Engagement and / or during The Engagement; The Client grants permission to The Artist, its Agents and Partners to take and use digital media (audio / photo / video images), hereby referred to as The Images.
02. The Images may include any type of recording including but not limited to:
- Photographs
- Renderings
- Voices
- Sounds
- Video / Audio Recordings
- Accompanying Written Descriptions
03. The Artist agrees to not materially alter The Images beyond reasonable retouching.
04. The Client hereby assigns any and all rights that they may have in The Images to The Artist.
05. The Client consents for The Images to be used in any manner or media without notifying them, such as (without limitation):
- Websites
- Publications
- Promotions
- Broadcasts
- Advertisements
- Posters
- Marketing Materials
06. The Client, in assigning any rights that they may have in The Images, waives their right to inspect or approve the finished Images or any printed electronic matter that may be used with them.
07. The Client, in authorising the recording of The Images, automatically attains the right to use The Images for the promotion and documentation of other Engagements where they are hiring or engaging The Artist.
08. The Client consents for the recorded media to be used indefinitely and without further payment for the promotion and documentation of Red & Black Music Production(s) via all media (audio / photo / video and / or recordings by any and all means) nationally and internationally.
09. The Client hereby releases The Artist and its Agents and Partners, including any first authorised to publish and / or distribute a finished Production containing The Images, from any claims, damages or liability which The Client may ever have in connection with the taking of use of The Images or printed materials used in connection with The Images.
09.
Copyright:
01. The Client agrees that all usage rights in any digital media (audio / photo / video images), hereby referred to as The Images, resulting from The Engagement, lie with Red & Black Music.
02. The Client agrees that The Images may only be used by The Artist or on behalf of The Artist to promote Red & Black Music and its Productions, or Engagements where The Client is hiring or engaging The Artist.
03. The Client agrees to not use The Images for another Artist or Production of an unrelated business nature, unless agreed (verbally or otherwise) by The Artist.
04. The Client agrees to not permit the use of The Images by another Individual or Organisation for another Artist or Production of an unrelated business nature, unless agreed (verbally or otherwise) by The Artist.
13. Reservation Procedure
Booking Procedure (Hire Agreements)
13.01.
Hire Agreements constitute instances whereby an Individual or Individual acting on behalf of an Organisation, hereby referred to as The Client, hires or engages The Artist in return for a guaranteed sum of remuneration, hereby referred to as The Total Fee (Due To Artist).
13.02.
Externally, The Artist classifies Hire Agreements according to a 3-stage booking procedure:
01. Enquiry
02. Confirmed
03. Contracted
13.03.
Internally, The Artist classifies Hire Agreements according to an 8-stage booking procedure:
13.03.01. Enquiry
13.03.02. Dead
13.03.03. Confirmed
13.03.04. Contracted
13.03.05. Cancelled
13.03.06. Postponed
13.03.07. Completed
13.03.08. Incompleted
13.04. Points
In this document, the 4 internal stages are referred to correspondingly:
13.04.01. Point Of Enquiry
Constitutes the point at which The Client makes known to The Artist verbally or otherwise their intention to hire or engage The Artist, and The Artist issues a quotation.
13.04.01.01
Please note: a confirmation does not constitute a contract. We still require a contract to honour our original quotation, even if the date(s) are confirmed. An additional holding period may be allocated to allow for the contract signing, subject to our discretion. Otherwise, our original quotation only applies until the end of our original quotation's reservation period, regardless of whether the date(s) are confirmed or not. We cannot be held to honour our original quotation if a contract is issued after this point.
13.01.01.02
Our quotes increase incrementally according to the notice at which we sign a contract, and it is our policy to close all enquiries 5pm Friday the week before at the very latest, to avoid costly trains/hotel fare hikes. This applies especially to midweek (Tuesday-Thursday) bookings.
13.04.02. Point Of Contract
Constitutes the point at which The Client makes known to The Artist that they are satisfied with the costs and details subject to the discretion of The Artist, and The Artist issues a contract.
13.04.02.01
Please note: a confirmation does not constitute a contract. We still require a contract to honour our original quotation. This additional holding period has been allocated to allow for the contract signing. Our original quotation applies until the end of our holding period, or original quotation's reservation period, whichever is the later. If this holding period expires before our original quotation's reservation period, our original quotation still applies until the end of our original quotation's reservation period. If this holding period expires after our original quotation's reservation period, our original quotation only applies until the end of this holding period.
13.04.02.02
Our quotes increase incrementally according to the notice at which we sign a contract, and it is our policy to close all enquiries 5pm Friday the week before at the very latest, to avoid costly trains/hotel fare hikes. This applies especially to midweek (Tuesday-Thursday) bookings.
13.04.03. Point Of Advance
Constitutes the point at which The Client makes known to The Artist the finer details of The Hire Agreement, and The Artist issues a Show Advance.
13.04.04. Point Of Payment
Constitutes the point at which The Artist has fulfilled the terms and conditions of The Hire Agreement and invoices The Client, in return for the agreed sum of remuneration.
13.05.
Enquiry
13.05.01.
Terms
13.05.01.01.
The booking is not deemed 'Enquiry' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, but;
- The Client has not stipulated specific date(s) or range thereof.
13.05.01.02.
The booking is deemed 'Enquiry' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist.
13.05.02.
Conditions
13.05.02.01.
If The Client intends to hire or engage The Artist; The Client must inform The Artist by phone, e-mail or in person, and not via social networks.
13.05.02.02.
If The Client intends to hire or engage The Artist, and intends to make an Enquiry; The Client must inform The Artist by phone, e-mail or in person, and stipulate their chosen date(s) or range thereof.
13.05.02.03.
If The Client notifies The Artist at The Point Of Enquiry that they require a booking form and/or any of the standard booking information/documentation to be distributed via post; The Artist will distribute a booking form and/or any of the standard booking information/documentation via post, subject to the availability of resources and/or the financial capabilities of The Artist.
13.05.02.04.
If The Client does not make known to The Artist at The Point Of Enquiry that they require a booking form and/or any of the standard booking information/documentation to be distributed via post; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail and/or assume that The Client can access these material(s) online.
13.05.03.
Advance Notice Enquiries
13.05.03.01
An Advance Notice Enquiry constitutes an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of Engagement.
13.05.03.02.
The Artist reserves the right to decline an Advance Notice Enquiry with provision of sufficient reason.
13.05.03.03.
If and when the availability and cost of The Production is quoted for an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of The Engagement; The Artist agrees to reserve the availability of The Production for the chosen date(s) or range thereof of Engagement for a period of maximum 28 days (1 lunar cycle) with receipt of an Enquiry or a completed booking form. After this period, The Artist will release the date(s) or range thereof, unless The Client notifies The Artist verbally or otherwise that they are satisfied with the costs and details.
13.05.03.04.
If The Client has an unconfirmed Enquiry for their chosen date(s) with The Artist; The Artist agrees to inform The Client in the first instance if the chosen date(s) is challenged by another incoming Enquiry from another Artist for the same date(s) or range thereof. This includes instances whereby the availability of Supplier(s) is challenged by an incoming Enquiry from another Artist.
13.05.03.05.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry; The Artist agrees to reserve the date(s) or range thereof of the original Enquiry for a further retention period or until The Client has:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.05.03.06.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has neither signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement nor paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist will quote availability of The Production for that date(s) or range thereof to both prospective Clients, and whichever Client both signs and returns a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement and pays a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable), secures the availability of The Production on their chosen date(s) or range thereof.
13.05.03.07.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has not paid a non‑refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist agrees to reserve the availability of The Production for the original Enquiry for a further retention period or until The Client has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking.
13.05.03.08.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has not signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has paid a non‑refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist agrees to reserve the availability of The Production for the original Enquiry for a further retention period or until The Client has signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement.
13.05.04.
Late Notice Enquiries
13.05.04.01.
A Late Notice Enquiry constitutes an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement.
13.05.04.02.
The Artist reserves the right to decline a Late Notice Enquiry.
13.05.04.03.
In instances whereby an Enquiry is made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement (subject to the ‘lateness’ of the Enquiry and to the discretion of The Artist); The Artist agrees to make known to The Client in the first instance if The Production cannot fulfil the Enquiry, and The Artist agrees to suggest an alternative Production.
13.05.04.04.
In instances whereby an Enquiry is made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement (subject to the ‘lateness’ of the Enquiry and to the discretion of The Artist), The Artist has made known to The Client in the first instance if The Production cannot fulfil the Enquiry, and The Artist has suggested an alternative Production, but The Client notifies The Artist verbally or otherwise that they are not satisfied with the costs and details); The Artist reserves the right to not enter into any further dialogue concerning the chosen date(s) and/or requirements of The Client if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.04.05.
If and when the availability of The Production is quoted for an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement; The Client agrees to pay a percentage of The Total Fee (Due To Artist) up front in lieu of a deposit to secure the booking, based on the notice period given. The percentage varies per Production.
13.05.04.06.
If and when the availability of The Production is quoted for an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail, and the standard booking procedure as detailed in this section (13) applies.
13.05.05
Availability and non-availability of The Production
13.05.05.01.
The Artist reserves the right to not disclose the availability of The Production on the chosen date(s) or range thereof until The Client has made known to The Artist that they are satisfied with the costs.
13.05.05.02.
If The Production is not available on the chosen date(s) or range thereof of The Engagement for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist agrees to make known to The Client in the first instance.
13.05.05.03.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist will either:
- Refer The Client to an alternative Production, or;
- Refer The Client to an alternative Artist, or;
- Refer The Client to an alternative Agent.
13.05.05.04.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist reserves the right not to proceed with the booking, and/or enter into any further dialogue concerning the chosen date(s) and/or requirements of The Client if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.05.05.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement, and The Artist has either referred The Client to an alternative Agent or referred The Artist to an alternative Production; The Client reserves the right not to proceed with the booking, and/or enter into any further dialogue concerning the suggested Agent(s) and/or band(s) of The Artist if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.05.06.
If and when the availability and cost of The Production is quoted for an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of The Engagement; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail.
13.05.06.
Availability of and non-availability of The Production Supplier(s)
13.05.06.01.
The term Certified Supplier(s) applies to Supplier(s) who appear on a regular basis under the name of The Production, its brand and all of its common attributes, as known in their usual form of entertainment.
13.05.06.02.
The Artist cannot promise to confirm the availability of the Certified Supplier(s) on the chosen date(s):
13.05.06.03.
In such instances, The Artist agrees to make known to The Client the non-availability of Certified Supplier(s) prior to The Point Of Contract (the point at which, subsequent to an Enquiry, The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details).
13.05.06.04.
In such instances, The Artist agrees to Offer a downsized Basic Package or refer The Client to an alternative Production, Artist or Agent as appropriate to the needs and requirements of The Client.
13.05.05.
Quotations
13.06.
Dead
13.06.01.
Terms
13.06.01.01.
The booking is not deemed ‘Dead’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client:
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have not elapsed since The Point Of Enquiry, or;
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have not elapsed since The Point Of Confirmation, or;
- Has not made known to The Artist verbally or otherwise that they are not satisfied with the costs and details.
13.06.01.02.
The booking is deemed 'Dead' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client:
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have elapsed since The Point Of Enquiry, or;
- Has made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have elapsed since The Point Of Confirmation, or;
- Has made known to The Artist verbally or otherwise that they are not satisfied with the costs and details.
13.07.
Confirmed
13.07.01.
Terms
13.07.01.01.
The booking is not deemed ‘Confirmed’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist.
13.07.01.02.
The booking is deemed ‘Confirmed’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has not:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and/or;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking.
13.07.01.03.
If The Client has signed and returned a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has not paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); the booking is deemed ‘Confirmed’ and not ‘Contracted’.
13.07.01.04.
If The Client has not signed and returned a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); the booking is deemed ‘Confirmed’ and not ‘Contracted’.
13.08.
Contracted
13.08.01.
Terms
13.08.01.01.
The booking is not deemed ‘Contracted’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has not:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and/or;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.08.01.02.
The booking is deemed ‘Contracted’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist on a certain date, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.08.02.
Conditions
13.08.02.01.
Once a booking is deemed ‘Contracted’; all subsequent conditions are subject to the terms and conditions of the contractual agreement.
13.08.02.02.
The booking is deemed ‘Contracted’ only if The Client has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable), and:
13.08.02.03.
For ‘advance notice’ enquiries; upon receipt of a signed, digital or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement.
13.08.02.04.
For ‘late notice’ enquiries; upon receipt of a signed, digital or hard copy written Contract (as representative of The Engagement and its binding terms and conditions).
13.08.02.05.
In instances whereby The Artist is hired via an Agent or Third Party, or, in some instances, public institutions (e.g., venues or festivals); The Artist is subject to the separate booking procedure and contractual arrangements of The Hirer or The Engager (unless a separate subcontract (as representative of The Engagement and its binding terms and conditions) is incorporated into The Hire Agreement).
13.09.
Contractual
13.09.01.
If The Client agrees via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document; The Artist accepts no legal responsibility or liability in instances whereby there is a breach of agreement on the part of The Client.
13.09.02.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document; The Client agrees to inform The Artist before signing and returning the written Contract (as representative of The Engagement and its binding terms and conditions).
13.09.03.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document, and The Client does not inform The Artist thereof; the booking status is deemed ‘Confirmed’ and not ‘Contracted’ and subject to the terms and conditions as detailed within section (08).
13.09.04.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document, and The Client informs The Artist thereof; The Artist agrees to liaise with The Client regarding the details on the written Contract (as representative of The Engagement and its binding terms and conditions), and The Artist agrees to issue a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) as appropriate.
13.09.05.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has not been signed and returned, and The Artist issues a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions); the revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) automatically replaces any previous version(s) thereof.
13.09.06.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned; any revised version(s) of the written Contract (as representative of The Engagement and its binding terms and conditions) are issued at the discretion of The Artist subject to the terms and conditions of cancellation and rebooking as detailed in section (14).
13.09.07.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned, and The Artist agrees to issue a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions); the revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) automatically replaces any previous version(s) thereof.
13.09.08.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned, and The Artist does not agree to issue a revised written Contract (as representative of The Engagement and its binding terms and conditions); the details on the original written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document apply, and any further action(s) are subject to the terms and conditions of cancellation and rebooking as detailed in section (14).
13.01.
Hire Agreements constitute instances whereby an Individual or Individual acting on behalf of an Organisation, hereby referred to as The Client, hires or engages The Artist in return for a guaranteed sum of remuneration, hereby referred to as The Total Fee (Due To Artist).
13.02.
Externally, The Artist classifies Hire Agreements according to a 3-stage booking procedure:
01. Enquiry
02. Confirmed
03. Contracted
13.03.
Internally, The Artist classifies Hire Agreements according to an 8-stage booking procedure:
13.03.01. Enquiry
13.03.02. Dead
13.03.03. Confirmed
13.03.04. Contracted
13.03.05. Cancelled
13.03.06. Postponed
13.03.07. Completed
13.03.08. Incompleted
13.04. Points
In this document, the 4 internal stages are referred to correspondingly:
13.04.01. Point Of Enquiry
Constitutes the point at which The Client makes known to The Artist verbally or otherwise their intention to hire or engage The Artist, and The Artist issues a quotation.
13.04.01.01
Please note: a confirmation does not constitute a contract. We still require a contract to honour our original quotation, even if the date(s) are confirmed. An additional holding period may be allocated to allow for the contract signing, subject to our discretion. Otherwise, our original quotation only applies until the end of our original quotation's reservation period, regardless of whether the date(s) are confirmed or not. We cannot be held to honour our original quotation if a contract is issued after this point.
13.01.01.02
Our quotes increase incrementally according to the notice at which we sign a contract, and it is our policy to close all enquiries 5pm Friday the week before at the very latest, to avoid costly trains/hotel fare hikes. This applies especially to midweek (Tuesday-Thursday) bookings.
13.04.02. Point Of Contract
Constitutes the point at which The Client makes known to The Artist that they are satisfied with the costs and details subject to the discretion of The Artist, and The Artist issues a contract.
13.04.02.01
Please note: a confirmation does not constitute a contract. We still require a contract to honour our original quotation. This additional holding period has been allocated to allow for the contract signing. Our original quotation applies until the end of our holding period, or original quotation's reservation period, whichever is the later. If this holding period expires before our original quotation's reservation period, our original quotation still applies until the end of our original quotation's reservation period. If this holding period expires after our original quotation's reservation period, our original quotation only applies until the end of this holding period.
13.04.02.02
Our quotes increase incrementally according to the notice at which we sign a contract, and it is our policy to close all enquiries 5pm Friday the week before at the very latest, to avoid costly trains/hotel fare hikes. This applies especially to midweek (Tuesday-Thursday) bookings.
13.04.03. Point Of Advance
Constitutes the point at which The Client makes known to The Artist the finer details of The Hire Agreement, and The Artist issues a Show Advance.
13.04.04. Point Of Payment
Constitutes the point at which The Artist has fulfilled the terms and conditions of The Hire Agreement and invoices The Client, in return for the agreed sum of remuneration.
13.05.
Enquiry
13.05.01.
Terms
13.05.01.01.
The booking is not deemed 'Enquiry' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, but;
- The Client has not stipulated specific date(s) or range thereof.
13.05.01.02.
The booking is deemed 'Enquiry' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist.
13.05.02.
Conditions
13.05.02.01.
If The Client intends to hire or engage The Artist; The Client must inform The Artist by phone, e-mail or in person, and not via social networks.
13.05.02.02.
If The Client intends to hire or engage The Artist, and intends to make an Enquiry; The Client must inform The Artist by phone, e-mail or in person, and stipulate their chosen date(s) or range thereof.
13.05.02.03.
If The Client notifies The Artist at The Point Of Enquiry that they require a booking form and/or any of the standard booking information/documentation to be distributed via post; The Artist will distribute a booking form and/or any of the standard booking information/documentation via post, subject to the availability of resources and/or the financial capabilities of The Artist.
13.05.02.04.
If The Client does not make known to The Artist at The Point Of Enquiry that they require a booking form and/or any of the standard booking information/documentation to be distributed via post; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail and/or assume that The Client can access these material(s) online.
13.05.03.
Advance Notice Enquiries
13.05.03.01
An Advance Notice Enquiry constitutes an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of Engagement.
13.05.03.02.
The Artist reserves the right to decline an Advance Notice Enquiry with provision of sufficient reason.
13.05.03.03.
If and when the availability and cost of The Production is quoted for an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of The Engagement; The Artist agrees to reserve the availability of The Production for the chosen date(s) or range thereof of Engagement for a period of maximum 28 days (1 lunar cycle) with receipt of an Enquiry or a completed booking form. After this period, The Artist will release the date(s) or range thereof, unless The Client notifies The Artist verbally or otherwise that they are satisfied with the costs and details.
13.05.03.04.
If The Client has an unconfirmed Enquiry for their chosen date(s) with The Artist; The Artist agrees to inform The Client in the first instance if the chosen date(s) is challenged by another incoming Enquiry from another Artist for the same date(s) or range thereof. This includes instances whereby the availability of Supplier(s) is challenged by an incoming Enquiry from another Artist.
13.05.03.05.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry; The Artist agrees to reserve the date(s) or range thereof of the original Enquiry for a further retention period or until The Client has:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.05.03.06.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has neither signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement nor paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist will quote availability of The Production for that date(s) or range thereof to both prospective Clients, and whichever Client both signs and returns a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement and pays a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable), secures the availability of The Production on their chosen date(s) or range thereof.
13.05.03.07.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has not paid a non‑refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist agrees to reserve the availability of The Production for the original Enquiry for a further retention period or until The Client has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking.
13.05.03.08.
If The Artist has reserved the availability of The Production for the chosen date(s) or range thereof of The Client, and The Artist has made known to The Client that their chosen date(s) is challenged by a second incoming Enquiry, and the further retention period has elapsed since The Artist made known to The Client of the second Enquiry, and The Client has not signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has paid a non‑refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); The Artist agrees to reserve the availability of The Production for the original Enquiry for a further retention period or until The Client has signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement.
13.05.04.
Late Notice Enquiries
13.05.04.01.
A Late Notice Enquiry constitutes an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement.
13.05.04.02.
The Artist reserves the right to decline a Late Notice Enquiry.
13.05.04.03.
In instances whereby an Enquiry is made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement (subject to the ‘lateness’ of the Enquiry and to the discretion of The Artist); The Artist agrees to make known to The Client in the first instance if The Production cannot fulfil the Enquiry, and The Artist agrees to suggest an alternative Production.
13.05.04.04.
In instances whereby an Enquiry is made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement (subject to the ‘lateness’ of the Enquiry and to the discretion of The Artist), The Artist has made known to The Client in the first instance if The Production cannot fulfil the Enquiry, and The Artist has suggested an alternative Production, but The Client notifies The Artist verbally or otherwise that they are not satisfied with the costs and details); The Artist reserves the right to not enter into any further dialogue concerning the chosen date(s) and/or requirements of The Client if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.04.05.
If and when the availability of The Production is quoted for an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement; The Client agrees to pay a percentage of The Total Fee (Due To Artist) up front in lieu of a deposit to secure the booking, based on the notice period given. The percentage varies per Production.
13.05.04.06.
If and when the availability of The Production is quoted for an Enquiry made within 14 days (2 weeks) of the chosen date(s) or range thereof of Engagement; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail, and the standard booking procedure as detailed in this section (13) applies.
13.05.05
Availability and non-availability of The Production
13.05.05.01.
The Artist reserves the right to not disclose the availability of The Production on the chosen date(s) or range thereof until The Client has made known to The Artist that they are satisfied with the costs.
13.05.05.02.
If The Production is not available on the chosen date(s) or range thereof of The Engagement for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist agrees to make known to The Client in the first instance.
13.05.05.03.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist will either:
- Refer The Client to an alternative Production, or;
- Refer The Client to an alternative Artist, or;
- Refer The Client to an alternative Agent.
13.05.05.04.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement; The Artist reserves the right not to proceed with the booking, and/or enter into any further dialogue concerning the chosen date(s) and/or requirements of The Client if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.05.05.
If and when The Artist communicates the non-availability of The Production to The Client for an Enquiry made over 14 days (2 weeks) in advance of the date(s) or range thereof of The Engagement, and The Artist has either referred The Client to an alternative Agent or referred The Artist to an alternative Production; The Client reserves the right not to proceed with the booking, and/or enter into any further dialogue concerning the suggested Agent(s) and/or band(s) of The Artist if it is not deemed appropriate or in the interests of The Artist, subject to the discretion of The Artist.
13.05.05.06.
If and when the availability and cost of The Production is quoted for an Enquiry made over 14 days (2 weeks) in advance of the chosen date(s) or range thereof of The Engagement; The Artist will distribute a booking form and/or any of the standard booking information/documentation via e-mail.
13.05.06.
Availability of and non-availability of The Production Supplier(s)
13.05.06.01.
The term Certified Supplier(s) applies to Supplier(s) who appear on a regular basis under the name of The Production, its brand and all of its common attributes, as known in their usual form of entertainment.
13.05.06.02.
The Artist cannot promise to confirm the availability of the Certified Supplier(s) on the chosen date(s):
13.05.06.03.
In such instances, The Artist agrees to make known to The Client the non-availability of Certified Supplier(s) prior to The Point Of Contract (the point at which, subsequent to an Enquiry, The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details).
13.05.06.04.
In such instances, The Artist agrees to Offer a downsized Basic Package or refer The Client to an alternative Production, Artist or Agent as appropriate to the needs and requirements of The Client.
13.05.05.
Quotations
13.06.
Dead
13.06.01.
Terms
13.06.01.01.
The booking is not deemed ‘Dead’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client:
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have not elapsed since The Point Of Enquiry, or;
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have not elapsed since The Point Of Confirmation, or;
- Has not made known to The Artist verbally or otherwise that they are not satisfied with the costs and details.
13.06.01.02.
The booking is deemed 'Dead' if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client:
- Has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have elapsed since The Point Of Enquiry, or;
- Has made known to The Artist verbally or otherwise that they are satisfied with the costs and details, and 28 days have elapsed since The Point Of Confirmation, or;
- Has made known to The Artist verbally or otherwise that they are not satisfied with the costs and details.
13.07.
Confirmed
13.07.01.
Terms
13.07.01.01.
The booking is not deemed ‘Confirmed’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, but;
- The Client has not made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist.
13.07.01.02.
The booking is deemed ‘Confirmed’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has not:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and/or;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking.
13.07.01.03.
If The Client has signed and returned a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has not paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); the booking is deemed ‘Confirmed’ and not ‘Contracted’.
13.07.01.04.
If The Client has not signed and returned a scanned or hard copy Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, but has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable); the booking is deemed ‘Confirmed’ and not ‘Contracted’.
13.08.
Contracted
13.08.01.
Terms
13.08.01.01.
The booking is not deemed ‘Contracted’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist, and;
- The Client has stipulated specific date(s) or range thereof, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has not:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and/or;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.08.01.02.
The booking is deemed ‘Contracted’ if:
- The Client has made known to The Artist verbally or otherwise their intention to hire or engage The Artist on a certain date, and;
- The Client has made known to The Artist verbally or otherwise that they are satisfied with the costs and details subject to the discretion of The Artist, but;
- The Client has:
- Signed and returned a scanned or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement, and;
- Paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable).
13.08.02.
Conditions
13.08.02.01.
Once a booking is deemed ‘Contracted’; all subsequent conditions are subject to the terms and conditions of the contractual agreement.
13.08.02.02.
The booking is deemed ‘Contracted’ only if The Client has paid a non-refundable deposit constituting a percentage of The Total Fee (Due To Artist) to secure the booking (where applicable), and:
13.08.02.03.
For ‘advance notice’ enquiries; upon receipt of a signed, digital or hard copy written Contract (as representative of The Engagement and its binding terms and conditions) or written Hire Agreement.
13.08.02.04.
For ‘late notice’ enquiries; upon receipt of a signed, digital or hard copy written Contract (as representative of The Engagement and its binding terms and conditions).
13.08.02.05.
In instances whereby The Artist is hired via an Agent or Third Party, or, in some instances, public institutions (e.g., venues or festivals); The Artist is subject to the separate booking procedure and contractual arrangements of The Hirer or The Engager (unless a separate subcontract (as representative of The Engagement and its binding terms and conditions) is incorporated into The Hire Agreement).
13.09.
Contractual
13.09.01.
If The Client agrees via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document; The Artist accepts no legal responsibility or liability in instances whereby there is a breach of agreement on the part of The Client.
13.09.02.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document; The Client agrees to inform The Artist before signing and returning the written Contract (as representative of The Engagement and its binding terms and conditions).
13.09.03.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document, and The Client does not inform The Artist thereof; the booking status is deemed ‘Confirmed’ and not ‘Contracted’ and subject to the terms and conditions as detailed within section (08).
13.09.04.
If The Client does not agree via either digital or hard copy signature to the details on the written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document, and The Client informs The Artist thereof; The Artist agrees to liaise with The Client regarding the details on the written Contract (as representative of The Engagement and its binding terms and conditions), and The Artist agrees to issue a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) as appropriate.
13.09.05.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has not been signed and returned, and The Artist issues a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions); the revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) automatically replaces any previous version(s) thereof.
13.09.06.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned; any revised version(s) of the written Contract (as representative of The Engagement and its binding terms and conditions) are issued at the discretion of The Artist subject to the terms and conditions of cancellation and rebooking as detailed in section (14).
13.09.07.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned, and The Artist agrees to issue a revised version of the written Contract (as representative of The Engagement and its binding terms and conditions); the revised version of the written Contract (as representative of The Engagement and its binding terms and conditions) automatically replaces any previous version(s) thereof.
13.09.08.
If the original written Contract (as representative of The Engagement and its binding terms and conditions) has been signed and returned, and The Artist does not agree to issue a revised written Contract (as representative of The Engagement and its binding terms and conditions); the details on the original written Contract (as representative of The Engagement and its binding terms and conditions) as detailed within this document apply, and any further action(s) are subject to the terms and conditions of cancellation and rebooking as detailed in section (14).
14. Cancellation & Postponement Procedure
14.01.
Full Cancellation
14.01.01.
Once a Hire Agreement is deemed ‘Contracted’; any postponement and cancellation made on the part of The Client is deemed a ‘Cancellation’ and is subject to the terms and conditions of this section (14), regardless of whether The Client intends to make a re‑booking. This clause recognises that, in such instances, Supplier(s) have declined other potential Offer(s) of work or other Engagement(s) on the contracted date(s) or range thereof in order to fulfil the terms of The Hire Agreement.
14.01.02.
Deposits (where applicable) are non-refundable in the event of a cancellation, because it is necessary to secure the availability of The Production on the chosen date(s) or range thereof at The Point Of Confirmation.
14.01.03.
A full cancellation fee constitutes a percentage of The Total Fee (Due To Artist) remaining from the deposit based on the notice period given prior to the contracted arrival time of The Engagement.
14.01.04.
If The Client elects to rebook subsequent to a cancellation; the rebooking is deemed a separate booking, subject to the terms and conditions detailed in section (13); i.e., The Client must sign and return a new Contract (as representative of The Engagement and its binding terms and conditions), and pay an additional non-refundable deposit to secure the rebooking.
14.01.05.
If The Client elects to rebook subsequent to a cancellation; the full cancellation fee (constituting the deposit plus the remaining balance of the original booking) can either;
- Be paid as part of the rebooking (carried forward).
- Be paid separately within 28 days (1 lunar cycle) from the ‘cancellation date’, subject to the discretion of The Client.
14.01.06.
If The Client does not elect to re-book subsequent to a cancellation; The Client agrees to pay the full cancellation fee within 28 days (1 lunar cycle) from the date(s) or range thereof ‘cancellation date’.
14.01.07.
The ‘cancellation date’ constitutes the date(s) or range thereof upon which The Client informs The Artist verbally or otherwise that they intend to cancel the contracted agreement.
14.02.
Part Cancellation
14.02.01.
If The Client elects to downsize The Package (decrease the contracted band size and/or Support Act(s) once the booking is deemed ‘Contracted’; the following ‘part‑cancellation’ procedure applies:
14.02.01.01.
The Performance Fee of the revised package is deducted from The Performance Fee of the original package.
14.02.01.02
The resulting difference between the original package performance fee and the revised package performance fee is subject to a part cancellation fee constituting a percentage of the difference, based on the notice period given prior to the contracted arrival time of The Engagement.
14.02.01.03.
The resulting part cancellation fee is carried forward and added to the revised package performance fee, to create the revised performance fee.
14.02.01.04.
Any transport and accommodation expenses remain exactly the same as detailed within the original Contract (as representative of The Engagement and its binding terms and conditions). This clause accounts for losses accrued from transport and/or accommodation bookings made in advance of The Engagement, after the booking has been deemed ‘Contracted’.
14.02.01.05.
Any subsistence expenses (if applicable) are reduced accordingly, in correspondence with the terms and conditions detailed in section (03).
14.02.01.06.
Any technical provision (sound, lighting) charge(s) remain exactly the same as detailed within the original Contract (as representative of The Engagement and its binding terms and conditions). This clause recognises that, in such instances, technical supplier(s) have declined other potential Offer(s) of work or other Engagement(s) on the contracted date(s) in order to fulfil the terms of the agreement.
14.02.01.07.
Any extended Engagement timings (early arrival, late finish, extended duration) charge(s) are re-calculated accordingly, in correspondence with the terms and conditions detailed in section (05).
14.02.01.08.
Any special requests and other requirements remain the same.
14.02.01.09.
The revised performance fee (constituting the part cancellation fee added to the revised package performance fee) is added to the expenses and charges as calculated above, to create the revised Total Fee (Due To Artist).
14.02.01.10.
The original deposit is deducted from the revised Total Fee (Due To Artist), to create the revised remaining balance.
14.02.01.11.
The Artist reissues the Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions detailed within section (09), incorporating the revised remaining balance as part of the revised agreement.
14.02.02.
If The Client elects to upsize The Package (increase the contracted band size and/or Support Act(s) once the booking is deemed ‘Contracted’; the following ‘part‑cancellation’ procedure applies:
14.02.02.01.
The Performance Fee of the original package is divided by the number of Supplier(s)
14.02.02.02.
The resulting figure multiplied by the number of extra Supplier(s) is added to the original performance fee to create the revised performance fee.
14.02.02.03.
The revised performance fee (constituting the original package performance fee plus the fee for the extra Supplier(s) is added to the expenses and charges subject to the terms and conditions detailed in sections (02) – (07), to create the revised Total Fee (Due To Artist).
14.02.02.04.
The original deposit is deducted from the revised Total Fee (Due To Artist), to create the revised remaining balance.
14.02.02.05.
The Artist reissues the Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions detailed within section (09), incorporating the revised remaining balance as part of the revised Hire Agreement.
Full Cancellation
14.01.01.
Once a Hire Agreement is deemed ‘Contracted’; any postponement and cancellation made on the part of The Client is deemed a ‘Cancellation’ and is subject to the terms and conditions of this section (14), regardless of whether The Client intends to make a re‑booking. This clause recognises that, in such instances, Supplier(s) have declined other potential Offer(s) of work or other Engagement(s) on the contracted date(s) or range thereof in order to fulfil the terms of The Hire Agreement.
14.01.02.
Deposits (where applicable) are non-refundable in the event of a cancellation, because it is necessary to secure the availability of The Production on the chosen date(s) or range thereof at The Point Of Confirmation.
14.01.03.
A full cancellation fee constitutes a percentage of The Total Fee (Due To Artist) remaining from the deposit based on the notice period given prior to the contracted arrival time of The Engagement.
14.01.04.
If The Client elects to rebook subsequent to a cancellation; the rebooking is deemed a separate booking, subject to the terms and conditions detailed in section (13); i.e., The Client must sign and return a new Contract (as representative of The Engagement and its binding terms and conditions), and pay an additional non-refundable deposit to secure the rebooking.
14.01.05.
If The Client elects to rebook subsequent to a cancellation; the full cancellation fee (constituting the deposit plus the remaining balance of the original booking) can either;
- Be paid as part of the rebooking (carried forward).
- Be paid separately within 28 days (1 lunar cycle) from the ‘cancellation date’, subject to the discretion of The Client.
14.01.06.
If The Client does not elect to re-book subsequent to a cancellation; The Client agrees to pay the full cancellation fee within 28 days (1 lunar cycle) from the date(s) or range thereof ‘cancellation date’.
14.01.07.
The ‘cancellation date’ constitutes the date(s) or range thereof upon which The Client informs The Artist verbally or otherwise that they intend to cancel the contracted agreement.
14.02.
Part Cancellation
14.02.01.
If The Client elects to downsize The Package (decrease the contracted band size and/or Support Act(s) once the booking is deemed ‘Contracted’; the following ‘part‑cancellation’ procedure applies:
14.02.01.01.
The Performance Fee of the revised package is deducted from The Performance Fee of the original package.
14.02.01.02
The resulting difference between the original package performance fee and the revised package performance fee is subject to a part cancellation fee constituting a percentage of the difference, based on the notice period given prior to the contracted arrival time of The Engagement.
14.02.01.03.
The resulting part cancellation fee is carried forward and added to the revised package performance fee, to create the revised performance fee.
14.02.01.04.
Any transport and accommodation expenses remain exactly the same as detailed within the original Contract (as representative of The Engagement and its binding terms and conditions). This clause accounts for losses accrued from transport and/or accommodation bookings made in advance of The Engagement, after the booking has been deemed ‘Contracted’.
14.02.01.05.
Any subsistence expenses (if applicable) are reduced accordingly, in correspondence with the terms and conditions detailed in section (03).
14.02.01.06.
Any technical provision (sound, lighting) charge(s) remain exactly the same as detailed within the original Contract (as representative of The Engagement and its binding terms and conditions). This clause recognises that, in such instances, technical supplier(s) have declined other potential Offer(s) of work or other Engagement(s) on the contracted date(s) in order to fulfil the terms of the agreement.
14.02.01.07.
Any extended Engagement timings (early arrival, late finish, extended duration) charge(s) are re-calculated accordingly, in correspondence with the terms and conditions detailed in section (05).
14.02.01.08.
Any special requests and other requirements remain the same.
14.02.01.09.
The revised performance fee (constituting the part cancellation fee added to the revised package performance fee) is added to the expenses and charges as calculated above, to create the revised Total Fee (Due To Artist).
14.02.01.10.
The original deposit is deducted from the revised Total Fee (Due To Artist), to create the revised remaining balance.
14.02.01.11.
The Artist reissues the Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions detailed within section (09), incorporating the revised remaining balance as part of the revised agreement.
14.02.02.
If The Client elects to upsize The Package (increase the contracted band size and/or Support Act(s) once the booking is deemed ‘Contracted’; the following ‘part‑cancellation’ procedure applies:
14.02.02.01.
The Performance Fee of the original package is divided by the number of Supplier(s)
14.02.02.02.
The resulting figure multiplied by the number of extra Supplier(s) is added to the original performance fee to create the revised performance fee.
14.02.02.03.
The revised performance fee (constituting the original package performance fee plus the fee for the extra Supplier(s) is added to the expenses and charges subject to the terms and conditions detailed in sections (02) – (07), to create the revised Total Fee (Due To Artist).
14.02.02.04.
The original deposit is deducted from the revised Total Fee (Due To Artist), to create the revised remaining balance.
14.02.02.05.
The Artist reissues the Contract (as representative of The Engagement and its binding terms and conditions) subject to the terms and conditions detailed within section (09), incorporating the revised remaining balance as part of the revised Hire Agreement.
15. Remuneration Procedure
15.01.
Arrival and Departure
15.01.01.
The Contracted Arrival Time constitutes the point at which The Artist and its constituent Supplier(s) are collectively scheduled to arrive at The Venue where The Engagement is taking place, in accordance with the contracted Hire Agreement.
15.01.02.
The Contracted Departure Time constitutes the point at which The Artist its constituent Supplier(s) collectively scheduled to leave The Venue, where The Engagement is taking place, in accordance with the contracted Hire Agreement.
15.02.
Evaluation & Promotion
15.02.01.
The Artist agrees to make contact with The Client at the contracted arrival and departure times of The Engagement to ensure that The Client is satisfied with its realisation.
15.02.02.
If The Engagement is the first occurrence whereby The Client has hired or engaged The Artist; The Artist agrees to make contact with The Client, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes.
15.02.03.
If The Engagement is the first occurrence whereby The Client has hired or engaged The Artist, and The Artist makes contact with The Client, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes; The Client reserves the right to not provide such feedback.
15.02.04.
If The Artist has contacted The Client one or more times, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes, and The Client has not responded to make known to The Artist of their non-intention to provide such feedback; The Artist reserves the right to contact The Client again to request feedback.
15.02.05.
If The Artist has contacted The Client once or more times, once The Engagement is ‘Complete’, to request feedback (written or verbal) for evaluation and promotional purposes, and The Client has responded to make known to The Artist of their non-intention to provide such feedback; The Artist agrees to not contact The Client again to request feedback.
15.13.
If The Client intends that their event, name and brand (where applicable) remain private, before, during or after The Engagement date(s); The Client agrees to stipulate this at The Point Of Contract (unless booked by an Agent or Third Party acting on behalf of The Client).
15.14.
The Client agrees that The Artist may make reference to their event, name and brand indefinitely for promotional purposes, unless The Client deems otherwise (in writing) upon providing feedback to The Artist.
15.03.
Payments
15.03.
All BACS (online) payments excluding deposits subject to the terms and conditions detailed in section (13) and cancellation fee(s) (full or part) subject to the terms and conditions detailed in section (14) are to be made, at the very latest, 24 hours prior to the contracted arrival time, unless agreed verbally or otherwise between The Artist and The Client at The Point Of Contract.
15.04.
All cheque and/or cash payments excluding deposits subject to the terms and conditions detailed in section (13) and cancellation fee(s) (full or part) subject to the terms and conditions detailed in section (14) are to be made, at the very latest, by the contracted departure time, unless agreed verbally or otherwise between The Artist and The Client at The Point Of Contract.
Late Payments
15.05.
Red & Black Music reserves the statutory right to claim interest and compensation under the late payment legislation if payment is not received according to the agreed payment terms.
15.06.
According to the Late Payment of Commercial Debts (Interest) Act 1998, the statutory interest Rate constitutes: the remaining balance multiplied by 0.8 (base Rate) multiplied by (number of days since the relevant date(s) or range thereof / 365).
15.07.
The relevant date(s) or range thereof constitutes the date(s) or range thereof agreed for payment as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions).
Arrival and Departure
15.01.01.
The Contracted Arrival Time constitutes the point at which The Artist and its constituent Supplier(s) are collectively scheduled to arrive at The Venue where The Engagement is taking place, in accordance with the contracted Hire Agreement.
15.01.02.
The Contracted Departure Time constitutes the point at which The Artist its constituent Supplier(s) collectively scheduled to leave The Venue, where The Engagement is taking place, in accordance with the contracted Hire Agreement.
15.02.
Evaluation & Promotion
15.02.01.
The Artist agrees to make contact with The Client at the contracted arrival and departure times of The Engagement to ensure that The Client is satisfied with its realisation.
15.02.02.
If The Engagement is the first occurrence whereby The Client has hired or engaged The Artist; The Artist agrees to make contact with The Client, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes.
15.02.03.
If The Engagement is the first occurrence whereby The Client has hired or engaged The Artist, and The Artist makes contact with The Client, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes; The Client reserves the right to not provide such feedback.
15.02.04.
If The Artist has contacted The Client one or more times, once The Engagement is fulfilled, to request feedback (written or verbal) for evaluation and promotional purposes, and The Client has not responded to make known to The Artist of their non-intention to provide such feedback; The Artist reserves the right to contact The Client again to request feedback.
15.02.05.
If The Artist has contacted The Client once or more times, once The Engagement is ‘Complete’, to request feedback (written or verbal) for evaluation and promotional purposes, and The Client has responded to make known to The Artist of their non-intention to provide such feedback; The Artist agrees to not contact The Client again to request feedback.
15.13.
If The Client intends that their event, name and brand (where applicable) remain private, before, during or after The Engagement date(s); The Client agrees to stipulate this at The Point Of Contract (unless booked by an Agent or Third Party acting on behalf of The Client).
15.14.
The Client agrees that The Artist may make reference to their event, name and brand indefinitely for promotional purposes, unless The Client deems otherwise (in writing) upon providing feedback to The Artist.
15.03.
Payments
15.03.
All BACS (online) payments excluding deposits subject to the terms and conditions detailed in section (13) and cancellation fee(s) (full or part) subject to the terms and conditions detailed in section (14) are to be made, at the very latest, 24 hours prior to the contracted arrival time, unless agreed verbally or otherwise between The Artist and The Client at The Point Of Contract.
15.04.
All cheque and/or cash payments excluding deposits subject to the terms and conditions detailed in section (13) and cancellation fee(s) (full or part) subject to the terms and conditions detailed in section (14) are to be made, at the very latest, by the contracted departure time, unless agreed verbally or otherwise between The Artist and The Client at The Point Of Contract.
Late Payments
15.05.
Red & Black Music reserves the statutory right to claim interest and compensation under the late payment legislation if payment is not received according to the agreed payment terms.
15.06.
According to the Late Payment of Commercial Debts (Interest) Act 1998, the statutory interest Rate constitutes: the remaining balance multiplied by 0.8 (base Rate) multiplied by (number of days since the relevant date(s) or range thereof / 365).
15.07.
The relevant date(s) or range thereof constitutes the date(s) or range thereof agreed for payment as stipulated in the Contract (as representative of The Engagement and its binding terms and conditions).
16. Declaration
Equality and Diversity
16.01.
The Artist embraces equality and diversity of all kinds, and agrees to treat The Client with honour and respect, at all times, regardless of age, background, class, disability, ethnicity, faith, gender, nationality, orientation or any other factor(s) made known to The Artist.
16.02.
The Client agrees to treat The Artist with respect, at all times, regardless of age, background, class, disability, ethnicity, faith, gender, nationality, orientation or any other factor(s) made known to The Client.
Contractual Agreement
16.03.
These terms and conditions constitute a complete and binding contractual agreement between The Client and The Artist, as representative of The Supplier(s). The Agent acts only as an Agent, and assumes no responsibility between The Client and The Artist, unless there is a separate agreement.
16.04.
In instances whereby there is a breach of these terms and conditions on the part of The Client; The Client agrees to pay the outstanding balance, plus reasonable attorney’s fees, court costs and legal interest (where applicable).
16.05.
The Client agrees to ensure the safety, security and wellbeing of the The Artist, The Supplier(s) and their personal property, and to be responsible and liable for the harm, loss or reasonable damage to The Artist, The Supplier(s) and their personal property whilst physically located at The Venue of The Engagement and/or during the course of The Engagement.
16.06.
The Client agrees to be liable for the terms and conditions of this Hire Agreement.
16.01.
The Artist embraces equality and diversity of all kinds, and agrees to treat The Client with honour and respect, at all times, regardless of age, background, class, disability, ethnicity, faith, gender, nationality, orientation or any other factor(s) made known to The Artist.
16.02.
The Client agrees to treat The Artist with respect, at all times, regardless of age, background, class, disability, ethnicity, faith, gender, nationality, orientation or any other factor(s) made known to The Client.
Contractual Agreement
16.03.
These terms and conditions constitute a complete and binding contractual agreement between The Client and The Artist, as representative of The Supplier(s). The Agent acts only as an Agent, and assumes no responsibility between The Client and The Artist, unless there is a separate agreement.
16.04.
In instances whereby there is a breach of these terms and conditions on the part of The Client; The Client agrees to pay the outstanding balance, plus reasonable attorney’s fees, court costs and legal interest (where applicable).
16.05.
The Client agrees to ensure the safety, security and wellbeing of the The Artist, The Supplier(s) and their personal property, and to be responsible and liable for the harm, loss or reasonable damage to The Artist, The Supplier(s) and their personal property whilst physically located at The Venue of The Engagement and/or during the course of The Engagement.
16.06.
The Client agrees to be liable for the terms and conditions of this Hire Agreement.