Terms and conditions

 

In these terms and conditions certain words and phrases have the following meanings:

 

'We' are Mockingbird Music Limited, a company incorporated under the companies acts and having its registered office at 29 Brandon Street, Hamilton, South Lanarkshire, ML3 6DA

 

'Artiste' means an actor musician, singer, dancer, or other performer, or group of such performers, obtaining work through us.

 

'Hirer' means a person or company who wants to hire the services of an Artiste.

 

‘Liable’ or ‘Liability’ includes liability in contract, delict (including negligence), misrepresentation, breach of statutory duty or otherwise in relation to this Agreement

 

"the Venue" means the place the Artiste is to perform.

 

The headings used in these terms and conditions are inserted for convenience only and shall not affect their construction

 

What We Do

 

We are a music agency, and as such we provide introductions between Artistes and Hirers.  We also arrange the Artiste's bookings on their behalf.  In legal language, we are an EMPLOYMENT AGENCY in terms of the Employment Agencies Act 1973 s.13(2) and The Conduct of Employment Agencies and Employment Businesses Regulations 2003, reg.2.  We do not employ the Artistes.  While we provide introductions, and arrange bookings on behalf of the Artiste, we are not a party to the contract Hirers make with Artistes.  This means that we do not accept any liability for breach of contract between Hirers and Artistes for whatever reason.

 

In the event that we are in breach of any of our obligations to the Hirer under these terms and conditions, our liability to the Hirer is restricted to the amount of the fees we have charged the Hirer, and been paid by them.

 

When an Artiste verbally confirms a booking with us, they are authorising us to make a contract with the Hirer on these terms and conditions, on their behalf.  When a hirer asks us to place a booking with an Artiste the hirer is authorising us to make a contract with the Artiste on these terms and conditions, on their behalf.

 

Once we have introduced the Hirer to the Artiste and arranged the booking, if we become aware of any reason why the Artiste may be unsuitable for the performance, or that the Hirers requirements are unsuitable for that Artiste we will bring that to the attention of both the Hirer and the Artiste as soon as possible.

 

What We Charge

 

We charge the Hirer a fee for arranging the introduction between the Hirer and the Artiste and making the booking.  This fee is equivalent to a percentage of the fees the Artiste charges for performing.  For  convenience we have included this fee in the prices shown on our website.  The Hirer only has to pay that one figure.  The Hirer pays some of it to us for introducing them to the Artiste and arranging the booking, and then pays the rest to the Artiste in advance of the performance.  We will break this fee down when we send the Hirer written details of the booking.  The booking will not be confirmed until this fee is paid by the Hirer.  Payment must be made within 14 days of us issuing the written details of the booking to the Hirer.

 

We do not charge the Artiste any fees for making introductions or arranging bookings.  We are not authorised to receive money from the Hirer for the Artiste.  The Hirer must pay the Artiste the Artiste's fees directly.  These must be paid before the commencement of the performance.

 

Cancellation

 

Because the fees the Hirer pays us are for introducing the Hirer to the Artiste and arranging the booking, they are non-refundable in the event that the Hirer decides to cancel any booking they have made with the Artiste.

 

Because the Artistes rely on the bookings that people make with them, if a Hirer cancels a booking close to an event, that harms the Artiste financially.  As a result the Artistes we introduce to Hirers operate a cancellation policy.  Once the booking is made by us this cancellation policy forms part of the contract between the Hirer and the Artiste.  If a Hirer cancels a booking within the number of days set out in the left hand column, the total the Hirer has to pay to the Artiste is set out in the right hand column. 

 

 

If the Artiste cancels a confirmed booking with a Hirer, for whatever reason, then while we have no liability to the Hirer for that cancellation, we will do our best to replace the Artiste the Hirer booked with a similar one.

 

On the condition that notice is given to the Artiste immediately the Hirer becomes aware that any of the following circumstances apply, the Hirer shall not be required to pay the Artiste for any performance which does proceed by reason of any cause beyond the Hirer's control such as National Mourning, War, Fire, Acts of Terrorism, Strikes or Lock-Outs directly affecting the Venue, or the by Order of the Licensing or any Public Authority having jurisdiction.

 

What The Hirer Needs To Do

 

So that we can provide Hirers with introductions to Artistes and arrange bookings, we need the Hirer to provide us with the following information:

 

a) Details of the Hirer's identity.

b) The date and times the Hirer wishes the Artiste to perform.

c) Details of ANY risks to the Artiste's health and safety known to the Hirer, and what steps the Hirer has taken to deal with those risks

d) Any special training or qualifications the Artiste needs to have in order to perform (unlikely to apply to a normal engagement).

 

Unless otherwise agreed in writing the Hirer should pay the Artiste's fee directly to the Artiste prior to the performance commencing, in cash.

 

The Hirer should be aware that any other form of payment is not acceptable.  If the Hirer is not in a position to pay the Artiste's fee in cash in advance of the performance, the Artiste will not perform, and the Hirer will be treated as having cancelled the performance.

 

The Hirer must ensure that the Venue is able to provide a safe and appropriate working environment for the Artiste. A suitable performance area must be provided.

 

Unless otherwise agreed, the Hirer must provide an electrical supply meeting or exceeding British Standards within five metres of the performance area, where electrical equipment is to be used as part of a performance.

 

The Venue must be capable of accommodating the Artiste's performance in all respects, including possessing appropriate licenses and without the presence of inhibiting noise limiters. If the performance cannot proceed because of the Venue's restrictions, the Hirer will be treated as having cancelled the booking, and will be liable for cancellation fees as set out above.

 

Where the Artiste is expected to wear stage clothing or costumes, the Hirer must provide suitable dressing room facilities, toilets are not acceptable.

 

The Hirer is responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any individual, the Artiste is entitled to cease the performance and still be paid in full.

 

In addition to these terms and conditions, the Contract may be subject to a 'rider' containing the Artiste's technical requirements, food, travel and accommodation needs. The rider will be agreed in advance of the booking being confirmed and, on being agreed, its terms will form part of the Contract.

 

What The Artiste Needs To Do

 

We are not allowed to introduce our Artistes to Hirers, or arrange bookings, unless the Artistes have given us:

 

a) details of their identities

b) details of their experience.

 

The Artiste needs to give one weeks notice of their intention to terminate their contract with us.  The Artiste is not entitled to be given any notice of the termination of their contract with us.

 

By confirming the booking with us, the Artiste is warranting that they have not already entered, and will not enter, any contract which may prevent them from undertaking the performance the booking relates to.

 

The Artiste will perform for the Hirer to their highest standard and in the manner in which they have represented themselves to the Agent via their promotional material.

 

The Artiste should provide all relevant equipment to carry out their performance.

 

The Artiste is required to hold valid Public Liability Insurance covering the Engagement date and hold current electrical safety (PAT) testing documentation where applicable.  We would suggest to Artistes that they carry comprehensive insurance cover for equipment, props and other valuable items.

 

The Artiste offers an assurance that he and all supporting Artistes, technical crew and other associates, will conduct themselves in a responsible and professional manner at all times, with due regard to Venue rules, regulations and Health and Safety requirements.

 

The Artiste should use the line-up as represented to the Agent and Hirer wherever possible. If due to unforeseen circumstances the Artiste is required to substitute a performer, the Artiste will notify the Agent without delay and warrants that any performer utilised is suitable. There will be no in the fees payable by the Hirer if a substitute performer is used, and this will not constitute grounds for cancellation by the Hirer unless the performer being replaced is of significant celebrity.

 

The Artiste warrants to us that they will not distribute their own contact details by any means at the Venue.