Terms and Conditions – UTC on Demand
The following terms and conditions apply to UTC On Demand purchases. By placing an order, you are deemed to have accepted these terms and conditions. Terms and Conditions are available upon request and can be found on www.utcondemand.co.uk.
Clause 1: Definition
The following definitions refer to the ‘Booking Invoice and these ‘Terms and Conditions’. UTC Management, is the ‘agent’, and acts as negotiator between the ‘client’ and ‘artist’. Therefore, the ‘agent’ acts as an employment agency and is not a party to the resulting ‘Booking Invoice’ itself. Therefore, the ‘agent’ does not accept responsibility for non-fulfilment or breach of any such Invoice.
Clause 2: Payment of Booking Fees
Fees are payable as per the structure described under payment terms in the above agreement. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges detailed below in ‘Clause 8: Cancellations’. The booking fee for the artiste is to remain confidential between client and UTC Management Ltd.
Clause 3: Alternative Artiste
If we cannot obtain the services of the chosen Artiste UTC Management Ltd will offer you a replacement, and you can either accept or reject any replacement offered. If you do accept a replacement Artiste you must confirm this to us in writing and any booking made by us will be on these terms and conditions.
Clause 4: Expenses
If the ‘client’ has agreed to cover additional costs, such as accommodation (these costs would be specifically outlined in the ‘Booking Invoice’), they must be paid to the ‘agent’ within 28 days of the event. This is provided receipts and invoices have been forwarded to the ‘client’ by the ‘agent’ in reasonable time.
Clause 5: Client Responsibilities
The ‘client’ must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the ‘artist’ by possessing appropriate licenses and no inhibiting noise limiters. If non-performance results due to venue restrictions, the ‘client’ will still be liable for cancellation fees as outlined in ‘Clause 8: Cancellations’.
The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the ‘agent’.
Furthermore, it is the responsibility of the ‘client’ to ensure that the ‘artist’ is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering the ‘artist’ incapable of unloading, or after unloading the ‘artist’ is unable to secure legal parking within a 200 metre radius of the venue, the ‘client’ agrees to pay for any parking expenses thereby incurred. However, the ‘artist’ must make all reasonable attempts to find legal parking if possible. The ‘client’ should pay any charges to the ‘artist’ on the day of the event.
It is the ‘client’s’ duty to ensure that the ‘artist’ is provided with adequate refreshments throughout their stay at the performance venue. The minimum that must be made available is a free unlimited supply of mineral water, soft drinks and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
The ‘client’ must also ensure that there is an adequate area for the ‘artist’ to change in and store equipment and/or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.
Unless given express permission, ‘artist’ equipment and instruments are not available for use by any other person.
If any member of ‘artist’ personnel is subjected to aggressive or abusive behaviour and the ‘client’ does not remove the perpetrator, the ‘artist’ shall be allowed to terminate their performance without penalty. The ‘client’ will still be liable for cancellation fees as outlined in ‘Clause 8: Cancellations’.
Provisions outlined in this section (‘Clause 5: Client Responsibilities’) are negotiable between the ‘client’ and ‘artist’ via the ‘agent’, but any modifications should be written into the ‘Booking Invoice’ specifically.
Clause 6: Artist Responsibilities
The ‘artist’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves to the ‘agent’ via promotional material.
Unless specifically outlined in the ‘Booking Invoice’, the ‘artist’ should provide the relevant equipment in order to carry out the performance. The ‘artist’ is responsible for the good working order and safety of their own equipment. This should be reflected by acts utilising electrical equipment having it P.A.T. 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 these matters.
The fee outlined in the ‘Booking Invoice’ and provided to the ‘agent’ by the ‘artist’ is fully inclusive and not subject to change. In addition, the ‘artist’ is not employed by the ‘agent’ and is therefore responsible for their own accounting and legal contributions.
The ‘artist’ shall not drink alcohol excessively before, during or after their performance. The ‘artist’ should be aptly attired for their performance in line with agreements made with the ‘client’ prior to the event, and they should remain courteous with the ‘client’, guests and employees of the venue. The ‘artist’ will not act in any manner that is deemed damaging to the reputation of themselves, the ‘agent’, or the ‘client’.
The ‘artist’ must contact the ‘client’ directly before the event in accordance with the time-frame detailed in the ‘Booking Invoice’. This contact should be used to confirm the details in the ‘Booking Invoice’ and finalise any minor details (such as parking, payment or invoice matters).
It is the responsibility of the ‘artist’ to ensure that upon signing the ‘Booking Invoice’ they are under no obligation to another party in a manner that may interfere with this booking.
The provisions contained within this clause (‘Clause 5: Client Responsibilities’) must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of Invoice.
Clause 8: Cancellations
Cancellation by either party is not allowed except where ‘Clause 11: Force Majeure’ applies or where the ‘client’ and ‘artist’ mutually agree to cancel the booking (this must be provided in writing by both parties to the ‘agent’). In either event forfeiture of the booking deposit will result.
Both parties agree that in the event of a cancellation the ‘agent’ must be informed immediately.
Where an ‘artist’ cancels, the ‘agent’ will inform the ‘client’ without delay and begin the process of sourcing a suitable alternative. This work is undertaken at no additional cost to the ‘client’. Whilst rare, on occasion an alternate act may not be available. In this instance the ‘agent’ will refund all payments made by the ‘client’. Where time allows and the ‘client’ has agreed on an alternate act, the ‘Booking Invoice’ shall be re-issued to reflect this. Where time does not allow (for example, on the day of the event itself) and the ‘client’ is not prepared to accept the substitute ‘artist’ they must not allow performance, or the full booking fee must be paid to the ‘artist’.
If the ‘artist’ has cancelled for reasons not encompassed in ‘Clause 11: Force Majeure’, the ‘client’ may pursue legal action. In this instance, the ‘artist’ must also pay the ‘agent’ the equivalent of the ‘clients’ booking deposit within 7 days. Additionally, the ‘artist’ must also reimburse the ‘client’ for cost differences between the fee for their performance and any substitute ‘artist’ arranged by the ‘agent’. Where the substitute ‘artist’ fee is the same as the original ‘artist’ fee no booking deposit will be refunded and no fee charged by the ‘agent’ to the ‘artist’.
Where the ‘client’ has cancelled the booking, the ‘agent’ agrees to inform the ‘artist’ without delay. If the ‘client’ has cancelled for reasons other than those outlined in ‘Clause 11: Force Majeure’ cancellation fees shall apply and are based on the following:
– Where cancellation is made within 48 hours of confirmation no cancellation fee is applicable.
– Where cancellation is made after 48 hours of confirmation 100% of the booking fee will be applicable
All ‘client’ cancellation fees must be paid to the ‘agent’ within 14 days.
Any outstanding payment owed to the ‘agent’ will be referred to the recovery company ‘Daniels Silverman’ and will be subject to a surcharge (15% plus VAT) to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable. In addition, at the request of the ‘artist’ the ‘agent’ may refer any outstanding cancellation charges to the recovery company on their behalf also.
Clause 9: Performance Schedule Changes
Where it is not possible to amend the Invoice prior to the event (for example on the day itself), changes should be agreed between the ‘artist’ and the ‘client’.
If an ‘artist’ has been asked and agrees to perform later than the agreed finish time specified in the ‘Booking Invoice’ a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event.
If the timings of the event are overrunning due to no fault of the ‘artist’, the ‘artist’ is under no obligation to finish later than the time specified in the ‘Booking Invoice’ and is still due full payment.
If an ‘artist’ has been asked and agrees to perform for longer than the time outlined in the ‘Booking Invoice’ (i.e. extend a 45 minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event. However, the ‘artist’ is under no obligation to extend their performance should they not wish to.
Clause 10: Use of Alternative (‘Deputy’ or ‘Dep’) Performers
Wherever possible the ‘artist’ should utilise the line-up as represented to the ‘agent’ and ‘client’, unless the need arises to substitute a performer due to unforeseen circumstances. The ‘artist’ will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise. The ‘artist’ agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the ‘artist’ to the customary manner in which the ‘artist’ has portrayed themselves to the ‘agent’ and ‘client’.
If a suitable ‘Dep’ performer is available, the ‘artist’ will utilise them rather than cancel the booking. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the ‘artist’ being replaced is of significant celebrity.
Clause 11: Force Majeure
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in ‘Clause 8: Cancellations’ shall be unenforceable.
Clause 12: Miscellaneous Provisions
For a period of 12 months from the date of the event the ‘client’ must negotiate any additional bookings of the ‘artist’ with the ‘agent’.
The ‘artist’ is prohibited from providing personal contact details to the ‘client’ or anybody else involved in any capacity with the event and they should instead refer any potential ‘client’ to the ‘agent’ using the business cards (on the day of the event itself) or contact details as known to the ‘artist’. Where this does not occur, and the ‘artist’ attempts to exclude the ‘agent’, they shall be removed from the ‘agents’ roster and remain liable for commission against any successful future bookings.