FUNCTION CENTRAL TERMS OF BUSINESS
1. Definitions
Booking contracts are negotiated by Function Central (the ‘agent’) between the ‘client’ and the ‘artist’. In this respect, Function Central acts as an employment agency in issuing contracts and cannot be held responsible for non fulfilment of bookings or non payment of fees.
2. Confirming the booking
Confirmation:
i) 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'artist'.
ii) All bookings take effect immediately upon 'confirmation'.
ii) Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon 'confirmation' of the booking, Function Central will issue a contract to the 'client' for signature and this must be returned within 5 working days. A copy of this contract will be forwarded to the 'artist' for signature immediately, again to be signed and returned within 5 working days. Both the ‘client’ & the ‘artist’ may keep one copy of the contract for their personal records.
Function Central will store the signed contract(s) for safe keeping (copies available on request) and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
3. Changes to contract
The agreed booking fees may be subject to change (in agreement with both the 'client' and the 'artist') if any details on the contract are altered. All changes to the contract must be arranged & agreed by Function Central in advance of the event.
4. Payment of fees
The agreed booking deposit is due strictly within 5 working days of invoice. Deposit can be paid by cheque or BACS transfer (details on your contract & invoice.)
Unless otherwise agreed by the 'artist' and Function Central in writing on the cover of your contract, the balance is payable to the ‘artist’ in cash or by cheque on the day of the event.
5. Cancellations
Cancellation by the ‘client’:
Cancellation by the 'client' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 11.) In the event that the ‘client’ cancels the booking, the ‘client’ agrees to inform Function Central immediately. Function Central agrees to inform the ‘artist’ of the cancellation immediately.
i) Cancellation by the 'client' within 48 hours of confirmation will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.
ii) Cancellation by the ‘client’ after 48 hours of confirmation and up to 90 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
iii) Cancellation by the ‘client’ within 90 days and up to 61 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
iv) Cancellation by the ‘client’ within 60 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
'Artist' cancellation fees should be sent to Function Central to be forwarded on to the 'artist' within 7 days of receipt.
Cancellation by the ‘artist’:
Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 11.)
In the unlikely event that the ‘artist’ cancels the booking, the ‘artist’ agrees to inform Function Central immediately. Function Central agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Function Central agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
Should the ‘artist’ cancel a booking under circumstances not covered by 'force majeure' (see clause 11) the ‘client’ may pursue unlimited damages from the ‘artist’ as they see fit. The ‘artist’ also agrees to pay Function Central an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to Function Central within 5 working days. The 'artist' also agrees to refund the 'client' any difference between the original booking fee and the fee charged by any replacement artist arranged for the ‘client’ by Function Central.
There will be no refund given to the 'client' against the booking deposit already paid, and no ‘administration charge’ will be made to the band, if a replacement artist of similar value can be arranged by Function Central and agreed by the ‘client’. However, should a replacement artist charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the 'client' and 'artist' will be contacted to agree this in advance.
If a replacement artist is required last minute and the 'client' is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
6. Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with your Function Central agent. Should this not be possible, changes are to be agreed between the ‘client’ and the ‘artist’ prior to performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the ‘client’ and the ‘artist’ on the day of the event are agreed to incur additional costs to the ‘client’, the ‘artist’ accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Function Central’s standard rate of commission. The 'artist' must disclose to Function Central additional monies collected within 7 days of the event and forward commission due within 7 days.
7. Re-engagement of the ‘artist’
The ‘client’ agrees to negotiate all future bookings of the ‘artist’ with Function Central and not with the ‘artist’ directly, for the period covering the issue date of this contract until 18 months after the event date on this contract.
The ‘artist’ 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 Function Central, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘artist’ must inform the person/s concerned to contact Function Central. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Function Central and invoiced for commission against any resulting work accordingly.
8. Expenses
If the ‘client’ has agreed on the front of this contract to cover additional expenses incurred by the ‘artist’ (such as taxi’s, food, rehearsal time, accommodation, flights etc) the ‘artist’ must provide receipts and an invoice to the ‘client’ within 60 days after the event.
The ‘client’ must reimburse all expenses to the ‘artist’ within 28 days of invoice.
9. Standard artist requirements:
9.1 Power
It is the responsibility of the ‘client’ to ensure that a safe source of power is provided for the 'artist', should the 'artist' require power, and that all local authority regulations are adhered to. Further information regarding power requirements specific to each artist will be detailed on the artist booking contract.
9.2 Venue constraints
It is the responsibility of the ‘client’ to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, including any live music licences. Other considerations, such as noise limitations, should be mutually agreed between Function Central and the 'client' prior to booking. Any relevant information should be disclosed to Function Central prior to booking confirmation.
9.3 Performance Area
It is the responsibility of the ‘client’ to ensure that a suitable performance area is provided. From the point of view of the performance and the overall look, this should ideally be a raised stage to distinguish the staging area from the dancing/seating area. However, the 'artist' can perform without raised staging if necessary. Performance space requirements specific to each artist will be detailed on the artist booking contract.
9.3 Refreshments
It is the responsibility of the 'client' to provide any refreshments requested by the 'artist' on the artist booking contract.
10. Early set-ups/late finishes
For evening events (performances scheduled to begin at 7.30pm or later) the 'artist' will arrive at the venue 90 minutes prior to the scheduled start time, or at any time requested by the client, provided this is no earlier than 6pm. The 'artist' will take up to 90 minutes to prepare for the performance and this time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘artist’ is required to arrive at the venue earlier than 6pm, possibly due to venue limitations or logistical issues, this may negotiated with the Function Central and extra fees may apply.
For all other events (morning, afternoon and late evening events scheduled to begin prior to 7.30pm) the artist will arrive on-site up to 90 minutes before the scheduled start time. This time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘artist’ is required to arrive at the venue earlier than 90 minutes prior to the start of their performance, possibly due to venue limitations or logistical issues, this may negotiated with the Function Central and extra fees may apply.
For evening events (performances scheduled to being at 7.30pm or later) the 'artist' must finish their performance by midnight. Later finishes may negotiated with Function Central and agreed on the booking form. Extra fees may apply.
11. Artist service guarantee
The ‘artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘artists' show, as known to Function Central and as advertised to the ‘client’ via distribution of the ‘artists’ demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The ‘artist’ agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the ‘client’ or a third party. It is the ‘artists’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The ‘artist’ agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of the booking contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band/group.
The ‘artist’ will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present.
The ‘artist’ will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event 'venue', or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The ‘artist’ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The ‘artist’ will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, Function Central, or the ‘client’.
The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
The ‘artist’ at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The ‘artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address. The ‘artist’ must inform the person/s concerned to contact Function Central. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Function Central and invoiced for commission due accordingly.
The ‘artist’ shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The ‘artist’ is not employed by Function Central and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The 'artist' accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment. The ‘client’ accepts full responsibility for any damage or injury caused to any member of the band/group or their equipment due to the fault of the venue or ‘client’s’ guests / customers.
12. Use of ‘dep’ performers
A 'dep' performer will mean a person or persons who stand in for one or more of the 'artists' standard group of performers should they be unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their standard group of performers as advertised to Function Central and the ‘client’ unless otherwise agreed by Function Central and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘artists’ repertoire, and represent the ‘artist’ to the same high standard that is known by Function Central and expected by the 'client'.
The 'artist' agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the ‘artist’ will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 14 below.)
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used, although, if in advance of the event the 'client' is able to listen to a recording of the proposed 'dep' performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the 'artist' will be liable for the cancellation under the terms of clause 5 unless ‘Force Majeure’ may be applied.
A ‘dep’ performer may not be used to replace an ‘artist’ whose individual name is used as the star attraction to promote the ‘artist’ (eg: ‘The Joe Cole’ show would not be able to ‘dep’ another performer for 'Joe Cole’.)
13. ‘Artist’ equipment
It is agreed by the ‘client’ and the ‘artist’ that the equipment and instruments of the ‘artist’ are not available for use by other performers or persons except by specific permission of the 'artist'.
14. Force Majeure
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 ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty other than loss of deposit.