Registered Address: Nouveau Music Events Ltd, Unit 6, Cherrytree Farm Blackmore End Road, Sible Hedingham, Halstead, Essex, England, C09 3LZ. Company number: 08460636.
This booking contract contains all the agreements by the parties hereto. There are no promises, agreements, terms or conditions other than those contained herein. This agreement shall apply to and bind all parties and may not be changed verbally. Nouveau Music Events Ltd is the ‘Agent’ and acts as a negotiator between the ‘Client’ and ‘Artist’ only, and does not accept responsibility for non-fulfilment or breach of any such contract.
The Booking Contract must be electronically signed and returned within 7 days. Once all parties have signed ‘they’ will receive a completed copy of the contract.
1 Cancellations
1.1 | If the client wishes to cancel their event, any cancellation must be submitted in writing. This is to provide the Agent with an actual statement clarifying the cancellation. Phone calls are not a reliable receipt of a cancellation. Cancellation fees apply and vary depending on the amount of time left until the event. The portion of the balance which would still be payable to the artist for different time frames is as follows:
| Time between Cancellation and Event Date Portion of Balance Payable to Artist still due: | |
| Over 90s days | 50% |
| 60 – 90 days | 75% |
| Up to 60 days | 100% |
1.2 | In all instances of cancellation, the booking fee is non-refundable. Booking fees cover administrative costs liaising between ‘Artist’ and ‘Client’ through the booking process. All client, artist emails and telephone conversations. Creating booking contracts, liaising with venues, event managers, promotions and marketing through social media, print and press.
1.3 | If the artist has cancelled for reasons not covered under “Force Majeure”, the client may pursue legal action. In this instance, the Artist must also pay the Agent the equivalent of the clients booking fee within 7 days as an administrative fee.
Additionally, the Artist must also reimburse the Client for cost differences between the fee for their performance (event date) and any substitute ‘Artist’ arranged by the Agent.
2 Force Majeure
2.1 | Events cancelled which fall under ‘exceptional circumstances’ include; acts of nature (flooding, fire, storm, natural disaster). War, terrorist activities, death certified by a medical practitioner, epidemic, order of government or local authority having jurisdiction in the matter or changes in law. Under these circumstances, no party shall be held liable for failure to carry out its obligations. Events can be rescheduled again under these ‘exceptional circumstances’ and a credit note is offered to the value of the original booking fee to be used in for any event and future date. The original artist should be booked for any rescheduled events, and where not possible, due to prior engagements another artist can be booked.
3 Payment
3.1 | For private events the Client shall pay the entire balance remaining directly to the Artist 7 days prior to the event (as indicated on the contract), plus any additional overtime charges, in pounds sterling, no later than the end time on the day of the event. Payment Method should be agreed directly with the Artist.
3.2 | For corporate events and exclusive Artists, payments are made directly to the Agent (Nouveau Music Events) 7 days prior to the event and artists paid up to 14 working days after the event upon receipt on an invoice. If the payment is expected later (21-28 days) from clients – after events booked at short notice, the Agent will notify Artist under these exceptional payment terms.
3.3 | The total fee agreed upon applies to the performance times set forth as indicated in this agreement. On the day of the event, adding additional performance time at the request of the Client is at the discretion of the Artist for a fee negotiated directly between the Client & the Artist. The Artist also holds the right to refuse this request without penalty.
3.4 | The ‘Artist’ must be paid in line with the agreement on the booking contract (usually 7 days prior to the event). If not prearranged, a late payment administration fee will be charged at £50.00 by the Agent to the Client, per week starting on the first day after payment is late to a maximum of 14 days. All small claims fees and attorney fees will be charged onto the Client’s balance and made payable to the Artist, if legal action is the only apparent option for payment of services rendered. For private events where the Client is to pay the Artist directly, the Agent is not responsible for collection of the Artist fee.
3.5 | Where the client has agreed to cover additional expenses, for example accommodation, this must be paid directly to the artist upon proof of receipt / invoices and paid 7 days prior to the event along with the Artist fee.
4 Client Responsibilities
The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Agent, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the ‘Additional Information’ section of this Contract.
4.1 | The Venue can and will supply a safe power supply.
4.2 | The Venue can and will provide a safe, dry and level performance area for Artists who are performing.
4.3 | The Venue holds any relevant licences required for the Artist to provide their services.
4.4 | The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Artist, their set or equipment at any risk of harm.
4.5 | If the venue has a limiter please find out the decibel (dB) level it is set at and contact the Agent for more information. The Artist cannot guarantee the quality of its performance if the sound level is quieter than an un-amplified Drum Kit. The Artist is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
4.6 | Free Parking should be available to the Artist and all vehicles associated with the Artist. If no free parking is generally available, the Client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the Client or Agent within 7 days of the performance, with the amount payable within a further 7 days.
4.7 | The Artist must be provided with free Hot and Cold Drinks and a hot meal for any members of the Artist group. This is negotiable when the Supplier is onsite for less than 3 hours.
4.8 | The Artist requires an adequate and secure area to change in if required. This space should be secure, contain the correct number of chairs (and a table), and a safe source of power. Artists may also require a mirror for their room this will be noted on the booking under additional comments.
4.9 | The Client must let the Agent and Artist know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the Artist and/or the Agent.
4.10 | Any changes to the performance schedule should be discussed with the Agent ahead of the event and contractual changes made to the booking – upon once agreement by all parties.
4.11 | If the event schedule over-runs due to no fault of the Artist, the Artist holds the right to finish at the agreed set finishing time and will still be due the full payment.
5 Artist Responsibilities
5.1 | The Artist must ensure that they are under no obligation to another performance or booking that may hinder or interfere with this booking prior to signing this Contract, nor take on any such booking or performance, subsequent – to signing this Contract.
5.2 | The Artist will endeavour to perform to their highest quality and best ability, in the same manner as is represented by the Agent in the Artists promotional material.
5.3 | The Artist is responsible for the good working order and safety of their own equipment. This should be reflected by Artists using electrical equipment having it PAT tested annually. In addition the Artist should undertake Public Liability Insurance (to a minimum of £1,000,000 cover). The Artist is fully responsible for all of these matters.
5.4 | If during the event any equipment is damaged by clients party through accidental damage ie. Falling on equipment, drinks spilt over electrical devices such as ipads, the Artist must raise the issue at the event with the client(s) or event manager and take photographic evidence as proof to support any claims. If any concerns please notify the Agent immediately within 24 hours.
5.5 | The Artist shall not drink alcohol excessively (prior, during or post performance) nor use illegal drugs at the event venue, or at all on the day of the event.
5.6 | The Artist shall dress suitably for the occasion, in agreement with the Client’s requests.
5.7 | The Artist will always remain courteous and polite to the Client, the Venue and the Agent throughout the entire booking process, not harming or damaging any reputation between the parties.
5.8 | The fully-inclusive fee agreed by the Artist, that is specified in the Contract for the performance, is not subject to change.
5.9 | The Artist is not employed by the Agent and is therefore fully responsible for their own accounting and legal contributions.
5.10 | Wedding & Private Party bookings the Artist must contact the Client 4 weeks in advance of the event, unless the booking is made with less than 4 weeks before the date of the performance – in which case the Artist must contact the Client as soon as possible after the booking is made. This will be to ensure all contracted details are correct and to finalise finer details, such as dress code, refreshments, payment, invoices, parking and performance requests.
5.11 |Corporate bookings are usually dealt with by The Agent, unless requested otherwise.
5.12 | The Artist must only display or hand out the Agent’s promotional material at the contracted event, also referring all future bookings, enquiries or clients to the Agent.
6 The use of Dep, Deputy or Alternative Performers for Entertainment Suppliers
6.1 | All Artist line-ups are subject to change without prior notice, unless the booking is of a Celebrity figure. In the event of one or more performers in the Artist line-up originally booked are unable to perform – due to illness or other unforeseen circumstances, the Artist will provide an appropriate substitute(s) up to the same standard and style at no addition cost to the Client.
6.2 | The Artist must use an Alternative Performer rather than cancelling a booking. In this instance, a reduction in fee is not applicable, unless the Artist is being replaced is a Celebrity figure.
7 Artist Equipment
7.1 | Unless given written permission the equipment supplied by the Artist is not available for use by any other person, guest or performer underany circumstance.
7.2 | The Client must respect that the equipment supplied by the artist is expensive, fragile and necessary for their livelihood. The Client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.
8 DJ Services
8.1 | “DJ services” refers to the recorded music provided by bands and acts outside of their live sets. Types of DJ service include:
Background Music: Subtle backing music, often in line with the style of the act chosen.
Playlist DJ Service: A playlist of music played through the act’s equipment.
Manned DJ Service: A playlist of music played through the act’s equipment, with a member of the act on hand to take song requests, providing there is a suitable internet connection available.
Pro/Full DJ Service: A full DJ service using professional DJ equipment is provided.
9 Expenses
9.1 | The Client is not responsible for any other Artist expenses (including but not limited to accommodation, travel, rehearsal time, song download) unless otherwise discussed and stated in the ‘Additional Contract Notes’ section of the booking form and Contract. If any expenses are agreed the Artist must supply the Client with an invoice within 7 days of the event, with payment due 7 days after that.
10 Breach of Contract
10.1 | The Agent reserves the right to void any Contract between the Artist and Client if it discovers either party has breached any of these Terms and Conditions.
11 Jurisdiction
11.1 | The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Contract.
12 Terms and Conditions
12.1 | If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed or agreed you are bound to all conditions.
It is mutually agreed that by returning the Booking Contract, signed and with Booking Fee, that all parties (Client/Artist) have read and fully understands these terms, conditions and procedures outlined throughout and thus accepts the Booking Contract and is willingly bound to the Booking Contract.
