‘Hirer’ - the person or organisation making the booking.
‘Performer’- the artiste, performer , group or company obtaining work.
‘Engagement’ - the agreed performance arrangement as detailed in the Booking Contract.
GENERAL TERMS AND CONDITIONS
1. Care Entertainment trades as an Employment Agency in compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (as detailed in Statutory Instrument 2003 No. 3319).
2. Care Entertainment acts as negotiator only and is not a party to the resulting Booking Contract between the Hirer and Performer. For this reason Care Entertainment cannot accept responsibility or liability for non-fulfilment or breach of any such Booking Contract by either party, but every reasonable safeguard is assured.
3. Any bookings contracted by Care Entertainment which are re-booked by the Hirer, must be booked through Care Entertainment. If not booked through Care Entertainment a booking fee of no less than the original would be payable to Care Entertainment .
4. All bookings arising directly from an Engagement contracted by Care Entertainment , must be booked through Care Entertainment. The Performer agrees to contact Care Entertainment if approached directly about any such bookings.
5. The Performer agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Care Entertainment , to the Hirer , their guests or staff. If approached, the Performer must inform the person(s) concerned to contact Care Entertainment . Any other action will contravene these Terms of Business, and if the Performer is found to have done this they may cease to be booked by Care Entertainment .
6. Agreements are made separately for each booking, and there is no requirement for any Performer to accept any booking offered. The Performer can therefore end the relationship by not accepting any further bookings and Care Entertainment can end the relationship by not offering any such bookings.
7. To the extent that any part of these Terms is found to be invalid, unlawful or unenforceable such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
8. Where appropriate, words importing the masculine shall also include the feminine and the singular number shall also include the plural and vice versa.
BOOKING CONFIRMATION AND PROCESS
9. The Booking Contract issued by Care Entertainment represents written confirmation of a prior verbal, electronic or written agreement of the Hirer and Performer and no signatures are required to bring it into force.
10. Changes to the Booking Contract are permitted but should be arranged and agreed by Care Entertainment in advance of the Engagement.
11. On the day of the Engagement, any unavoidable changes to the Booking Contract should first be discussed with Care Entertainment. If this is not possible, due to timing and circumstances, the changes shall be negotiated and agreed between the Hirer and the Performer.
12. Immediately upon receipt of the Booking Contract, each party must read the agreed terms contained therein, which are subject to these Terms of Business. If either party does not want to be bound by the Booking Contract and these Terms of Business, they must notify Care Entertainment in writing within 5 days from the date of issue to request that the Booking Contract be revoked.
PAYMENT OF BOOKING AND PERFORMER FEES
13. Where the Hirer is a Care Home or other similar organisation, their Company Policy may dictate that payment of invoices will only be remitted after any Engagement has been completed and within a set time frame following the Engagement (for example, 30 days). In those circumstances and only on the express agreement of Care Entertainment at the time of booking, the following payment arrangement will be implemented, which the Performer hereby authorises:
13.1 On confirmation of the booking, Care Entertainment will issue an invoice to the Hirer for the total amount due, inclusive of the booking fee and Performer fee, together with the Booking Contract.
13.2 The Performer agrees that Care Entertainment will collect the Performer fee due on their behalf.
13.3 The Hirer agrees to process payment within a timely manner as soon as is reasonably possible following the Engagement.
13.4 The Performer agrees that payment of the Performer fee will be made by Care Entertainment to the Performer following the Engagement, but only on receipt of the Performer fee in cleared funds from the Hirer.
13.5 On receipt of the Performer fee in cleared funds from the Hirer , Care Entertainment will transfer the Performer fee to the Performer ’s requested account by bank transfer in a timely manner and normally within 7 working days.
14. On confirmation of all other bookings (where clause 13 does not apply), the following terms will apply:
14.1 Care Entertainment will issue an invoice to the Hirer for the total amount due, inclusive of the booking fee and Performer fee, together with the Booking Contract.
14.2 The Performer agrees that Care Entertainment will collect the Performer fee due on their behalf.
14.3 The booking fee and Performer fee is due strictly within 7 working days of confirmation of the booking or sooner where necessary (for example, if the Engagement is within 7 working days).
14.4 If payment as detailed above has not been received, Care Entertainment will inform the Performer without delay and the Performer may terminate the Booking Contract without penalty. Additionally, the Hirer remains liable for cancellation fees as outlined in Clause 34 below.
14.5 Following the Engagement, and where Care Entertainment is holding the Performer fee as detailed above in cleared funds, Care Entertainment will transfer the Performer fee to the Performer ’s requested account by bank transfer in a timely manner and normally within 7 working days.
15. If agreed by all parties at the time of booking, the Performer fee may be payable by the Hirer to the Performer in cash or via cheque on the day of the Engagement. In such circumstances, this payment arrangement will be confirmed in writing by Care Entertainment and the following terms will apply:
15.1 Care Entertainment will issue an invoice to the Hirer with the agreed payment terms detailed, together with the Booking Contract.
15.2 The booking fee is due strictly within 7 working days of confirmation of the booking or sooner where necessary (for example, if the Engagement is within 7 days).
15.3 If the booking fee has not been received within 7 days, or sooner as required, Care Entertainment will notify the Performer without delay and the Performer may terminate the Booking Contract without penalty. Additionally, the Hirer remains liable for cancellation fees as outlined in Clause 34 below.
16. Care Entertainment cannot be held responsible in any way for non-payment of Performer fees. However, Care Entertainment undertakes to make every reasonable endeavour to protect the interests of the Performer.
17. The booking fee is non-refundable in all circumstances, except where the Engagement is cancelled by the Performer, in which case the booking fee will be refunded in full to maintain the goodwill of the Hirer.
18. Subject to the approval of the parties and the agreement and written confirmation of Care Entertainment, where appropriate, the terms detailed in clauses 13 to 17 above may be subject to variation.
19. It is the Hirer's responsibility to provide a suitable performance area for the Performer.
20. It is the Hirer's responsibility to provide adequate supervision of the Performer at all times.
21. It is the Hirer's responsibility to ensure there is a safe and adequate power supply meeting or exceeding British Standards where electrical equipment is to be used as part of a performance.
22. It is the Hirer's responsibility to disclose any potential Health and Safety issues to Care Entertainment prior to the confirmation of any booking.
23. The Hirer agrees that they will be responsible for the conduct of their guests or audience and will take every reasonable precaution to prevent the Performer being threatened, verbally abused, or physically abused by guests or the audience.
24. The Performer will perform for the Hirer to their highest standard and in the manner in which they have represented themselves to Care Entertainment via any promotional material.
25. Unless otherwise stated, the Performer agrees to provide all equipment necessary and as required in order to perform in fulfilment of the Engagement.
26. The Performer is required to hold valid Public Liability Insurance covering the Engagement and hold current electrical safety (PAT) testing documentation where applicable. The Performer must provide these to the Hirer or Care Entertainment on request. The Performer accepts full responsiblity for these matters.
27. The Performer is not employed by Care Entertainment and is responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
BOOKING FEE POLICY
28. The total fee agreed with the Hirer includes the Performer fee, plus a separate booking fee payable to Care Entertainment for the provision of agency services only. The booking fee is charged directly to the Hirer for sourcing and securing the Performer for the Engagement, and is typically a flat rate of £30 or equivalent to 15% of the fee required by the Performer, whichever is the greater.
29. Any appropriate taxes (for example Value Added Tax) will be charged at the applicable rate.
30. In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the Performer or Hirer , then the Performer or Hirer may cancel or request to postpone the booking, without penalty other than loss of booking fee where applicable, unless an alternative booking date can be agreed by all parties.
31. In such cases, the cancelling party must immediately inform Care Entertainment and Care Entertainment undertakes to inform the remaining parties at the earliest possible opportunity.
32. The Performer may not cancel a booking unless unable to perform due to Force Majeure or illness and can provide reasonable proof and or a medical certificate to Care Entertainment .
33. In the unlikely event that the Performer cancels the booking, the Performer must inform Care Entertainment immediately. Care Entertainment agrees to inform the Hirer of the cancellation and make all reasonable attempts to find a suitable replacement Performer of similar standard and style, at no extra cost to the Hirer . If Care Entertainment fails to provide a reasonable alternative, the Hirer shall not be obliged to pay the Performer fee in respect of the Engagement and the booking fee will be refunded in full to maintain the goodwill of the Hirer.
34. If the Hirer cancels the Booking Contract for any reason other than Force Majeure the following cancellation fees, in addition to the booking fee, may apply (at the sole discretion of Care Entertainment):
a. 60 or more days from the Engagement, then no Performer fee will be payable.
b. between 29 - 59 days from the Engagement, then 50% of the Performer fee will be payable.
c. between 1 - 28 days from the Engagement, then 100% of the Performer fee will be payable.
35. All cancellation fees are due to Care Entertainment within 7 working days of cancellation. Any cancellation fees paid to Care Entertainment intended for the Performer will be forwarded on to the Performer within 7 working days on receipt of cleared funds.
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