Terms & Conditions

 

1. Payment Conditions

The purchaser agrees that …………… +VAT of the guarantee is to be paid to IFA. All transfer charges are to be paid by the purchaser resulting in the full deposit, without any deductions, being credited to the above account. Time is of the essence in respect of payments.

Deposit and/or booking fee shall be due on contract issue date and is non-refundable. In the event that you deposit is not received within seven (7) days of the contract issue date, we reserves the right to cancel and shall not be liable for any loss or damage arising from such cancellation.

All offers are net of all taxes, If there is a withholding tax to pay, the Promoter shall promptly pay all withholding taxes (or any similar tax) to the applicable authorities. The Promoter shall immediately supply the Artist with all necessary documentation as required by the Artist as evidence of payment of such tax(es) by the Promoter, as well as for the purposes of obtaining any foreign tax credit.

Unless required by law any and all monies paid to the Artist pursuant to this Agreement which are separate from the Fee shall not be the subject to withholding tax or any similar tax.

If the fee is subject to FEU tax or at such rate that may otherwise be stipulated by the foreign entertainer’s unit of the Inland Revenue following an application for reduced withholding tax, we will use reasonable endeavours to negotiate a reduced rate of tax where possible.

IFA Ltd is not responsible for any non-fulfilments of contracts by proprietors, the purchaser or artist, but every reasonable safe-guard is assured. Agent’s (IFA Ltd) fees are non-refundable and non-exchangeable.

2. Your responsibilities

In addition to the fee, you (the purchaser) shall at your sole expense be responsible for the following;

2.1 Transport Arrangements: you shall arrange and pay for all transportation required by the artist, as per the artist rider and IFA personnel in relation to the event(s). Including all travel costs (Flights, trains, drivers, car hire, petrol costs) or any other form of travel cost associated with the event. This also includes flight transfers and any transport between airport, hotel and the venue.

2.2 Travel Insurance: you shall provide travel insurance (to provide cover against without limitation damage to person or property) for the artist and IFA personnel in relation to travel throughout the stay with a reputable insurer.

2.3 Excess Baggage: You shall pay for;

a) Any and all excess baggage charges (both on incoming and outbound) which are payable in respect to this agreement and it is your sole responsibility to pay such charges.

2.4 Production Package: In the event that we provide you with a production package we shall send you a list of items which you shall be liable for. You are liable for any loss or any damage which occurs whilst in your care.

2.5 Accommodation;

You shall provide at your own expense, all accommodation as per the artist rider. All accommodation must be approved by IFA before booking. You shall provide full details of all accommodation (including an internet link) to IFA not less than twenty eight (28) days prior to each event.

2.6 Guest List/Hospitality: It is agreed and understood that the purchaser is to provide and pay for all catering for the artist and their travel party for the duration of this contract or per diems as per artist rider. A free guest list (including VIP where requested) and a hospitality area if required.

2.7 Work Permits:

You shall inform IFA if any work permits/or licenses are required for the artist and if so you shall provide at your own expense.

2.8 Venue, Equipment and Event(s) Production:

You shall provide the necessary equipment/production as per the artist rider.

You are to provide a fully qualified production manager at the disposable and demand of the artist or IFA personnel for the duration of the event(s). Furthermore you are responsible for;

a) Technical equipment as specified by the technical rider.

b) Sound and lighting facilities at the venue which are illustrated in a technical rider.

c) Full use of the production team and production facilities available

d) Accurate floor plans of the Venue.

e) Expert in-house electrician and sound and light technicians for the Event(s).

2.9 Security: You shall provide adequate and proper security arrangements and personnel for the time spent at under your care.

2.10 Medical: You shall provide at least one trained first aid person to ensure the safety of the artist and personnel and for members of the public attending the event(s). You shall be liable for any loss or injury arising from a breach of this clause.

2.11 Filming and Recording: you shall seek our approval to carry out any unauthorised filming or recording of any kind without our previous written approval. This document secures all rights to any recording / photo or video to the artist and IFA Ltd.

2.12 Artwork and Promotion:

All artwork, which includes but is not limited to, event artwork, webpages, social network posts, emails, email campaigns and any printed promotion, MUST be approved by IFA before the event is

announced or tickets go on sale, and only after the contract has been signed and the agency booking fee and deposit have been paid.

You shall not attach flyers etc. to lampposts, walls, windows, boards and/or any other street furniture (flypostering). You shall indemnify IFA in relation to any and all claims, losses, damages and/or obligations arising from third party as a result of you carrying out flyposting.

You shall use all reasonable endeavours to promote and not co-promote with any radio stations, television stations, newspapers or sponsors without our prior written consent. You shall not organise pre-or post-parties in conjunction with the event(s) without our prior written consent.

Failure to comply to any point of the artwork and promotion clause above will result in a breach of contract and IFA Limited may immediately terminate this contract and retain any amounts theretofore paid by the purchaser.

2.13 Sponsorship: You shall keep us immediately informed of discussions between you and any third party regarding sponsorship of the event(s). You shall not enter into any sponsorship arrangement without our prior written approval. Should we consent to such an arrangement, you shall pay us a sum equivalent to thirty percent (50%) of any and all income arising from the agreement.

3. Force Majeure: A “Force Majeure Event” is defined as one or more of the following causes which renders performance impossible, impracticable, or unsafe: Death, illness of or injury to Artist or a member of Artist’s immediate family, any of Artist’s musicians, or any key personnel; theft, loss, destruction or breakdown of instruments or equipment owned or leased by the Artist; fire, threat(s) to act(s) of terrorism, riot(s) or other forms of civil disorder in, around or near the performance venue; strike, lockout or other forms of labour difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God; absence of power or other essential services; failure of technical facilities, failure or delay of transportation not within the Artists reasonable control, inclement weather, and/or any similar or dissimilar cause beyond reasonable control.

If a force majeure event occurs the artist and IFA Ltd will be excused fully without any additional obligation and each of the parties shall bear its own costs incurred in connection with this agreement.

4. General: This agreement shall be governed by the laws of England and Wales whose courts shall have exclusive jurisdiction over any disputes. You shall not be entitled to the benefit of any set-off in law or equity. All sums payable to us under this agreement shall be paid in full without deduction and we shall be entitled to obtain and enforce judgement for non-payment without any stay of execution pending the determination of any counterclaim by you.

5. Cancellations: You may cancel the performance(s) by providing at least eight (8) weeks’ notice to IFA ltd prior to the performance(s) date. In such event we will return any amounts previously paid less agency and management fees and shall have no further obligations. If you (the purchaser) cancel’s the agreement with less than 8 weeks prior to the event(s) we shall be entitled to 100% of the fee.

In the event that purchaser fails or refuses fully to perform any of its obligations hereunder, including (but not limited to) timely making any of the payments required by this agreement:

a. IFA Ltd may immediately terminate this agreement.

b. IFA Ltd will have the right to retain any amounts theretofore paid by the purchaser.

c. the purchaser will immediately reimburse IFA Ltd for any out-of-pockets costs incurred by the

artist as a result of purchaser’s breach.

d. the purchaser will remain liable to artist for the guarantee and any additional compensation

In the event of cancellation by the artist (save in case of breach by a promoter), the agent shall either re-schedule the engagement or find a suitable replacement artist. The re-scheduled date or alternative artist needs to be confirmed within 30 days of the date of cancellation, if not or you (the purchaser) reject the artist offered or the re-scheduled date the contract will be deemed satisfied.

You warrant that:

a) The signatory to this agreement is authorised to act on your behalf;

b) Where you are the Promoter, you warrant that you have a binding contract in place with the venue which has been executed by the venue and which contains terms no less onerous than this agreement and enables you to comply with your obligations under this agreement.