TERMS OF BUSINESS – AFTER DINNER SPEAKERS & COMEDIANS LTD
These are our standard contracted terms of business when making a booking with or through ourselves. We appreciate that in some circumstances, changes to a booking are beyond reasonable control and will do what we can to find a happy solution for all parties. Please note: where a booking is made on a promotional basis, a lack of ticket sales / sponsorship or other factor limiting the viability of running the event in the eyes of the promoter, does not constitute reasonable grounds for cancellation.
1 After Dinner Speakers & Comedians Ltd will be referred from now on as ADS&C Ltd,.
2 The two legally bound parties in any contract are the Hirer, (referred to as The Hirer or The Management) and the person being hired, (referred to as The Artiste(s)).
3 We have been granted authority to negotiate on behalf of the Artistes(s), to raise contracts, to invoice and collect fees, which we will pass to the Artistes within the time limit, allowed by the Conduct of Employment Agencies and Employment Businesses Regulations 2003, (As detailed in Statutory Instrument 2003 No. 3319)
4 Professional commitments permitting. In conjunction with any attached rider, it is agreed that the artiste accepts this booking subject to contractual work which supercedes after dinner engagements. This includes media presenters, journalists, politicians, professional sports persons, actors and business celebrities, whose main income is derived from regular work within an organisation and who allow such bookings on this understanding. Please note this clause is rarely invoked but is sometimes necessary. Should it be invoked then ADS&C Lt will use their best endeavours to offer the Hirer a comparable replacement. The proposed replacement of the Artist has to be approved by the Hirer. In case ADS&C Ltd is unable to offer a replacement to the Hirer’s satisfaction, the Hirer has a right to terminate the Contract of Engagement for good cause and to receive back 100% of the Engagement Fee.
5 It is agreed that unless stated otherwise the Hirer will provide a suitable sound system for use by the Artiste(s), unless otherwise agreed in the contract.
6 Where a separate rider is required in respect of technical requirements, cancellation clauses or terms specific to the booking, this will be attached to all contracts and will supersede any terms set down in this document.
7 In the event of illness or accident, resulting in the Artiste(s) being unable to fulfil the engagement, ADS&C Ltd or the Hirer must be contacted immediately, and any request for medical certificate or relevant report detailing the reason for the non appearance must be met. ADS&C Ltd will endeavour to offer any comparable replacements where possible.
8 The engagement shall be considered null and void in the event of war, fire, strike, or lockout directly affecting the venue, or upon order of any Public Authority having jurisdiction over the venue, excepting the refusal to grant a liquor or public entertainment licence, unless a pending application was declared by the Hirer upon booking and noted within the contract.
9 Payments shall be made by BACS or cheque to ADS&C Ltd, in which case payment must be received a minimum 7 days prior to the date of performance, or with the written agreement of ADS&C Ltd by cash or cheque direct to Artiste(s) following their performance. Non payment of any deposits agreed will, at the discretion of ADS&C Ltd result in cancellation of the contract.
10 Once the contract has been accepted there is no provision for cancellation except for reasons described above, or by the mutual consent of both The Hirer and The Artiste(s). If cancellation is agreed with all parties, ADS&C Ltd reserves the right to make a charge of 15% of the total fee agreed (nett of VAT) to the cancelling party in lieu of administrative costs for work done. ADS&C Ltd agrees to return immediately any fee or deposits received from the Hirer in the event of cancellation by the Artiste(s).
11 Where an event is cancelled by the Hirer without the mutual agreement of the Artiste(s), compensation charges may be made against the Hirer to the total value of the fee agreed (less expenses not incurred), or negotiated as follows.
Cancellations made within 6 weeks of the event 100% of total contracted fee
Cancellations made within 8 weeks of the event 75% of total contracted fee
Cancellations made within 12 weeks of the event 50% of total contracted fee
Cancellations made beyond 12 weeks of the event 25% of total contracted fee
PLEASE NOTE THAT ANY DEPOSITS RECEIVED WILL BE DEDUCTED FROM THE ABOVE CHARGES, AND ARE TO SECURE BOOKINGS ONLY. THE CANCELLATION CHARGES ABOVE STILL APPLY UNLESS OTHERWISE AGREED.
Where the Artiste(s) cancels the contract, you are at liberty to take action against the Artiste(s) to recover any losses and any valid claim shall be with the full support of ADS&C Ltd.
12 ADS&C Ltd acts as an employment agency unless otherwise stated on the contract, and we wish to make it perfectly clear that ADS&C Ltd cannot be held responsible should either the Hirer or the Artistes(s) break the terms of the contract.
It is accepted that live recording of any part or whole of the Artiste(s) performance shall be prohibited unless by prior written agreement with ADS&C Ltd.
13 ADS&C Ltd advises both Artiste(s) and Hirers to hold suitable Public Liability Insurance and equipment safety documentation. It is the responsibility of the Hirer to ensure that all electrical points and equipment are of good working order, and that staging, changing areas, steps and any other areas used by the Artiste(s) are deemed safe.
14 For the treatment of Income Tax and National Insurance, all Artiste(s) booked are deemed self employed.
15 Should either Artiste(s) or Hirer believe that the contract does not reflect the terms of the agreement made, they should notify ADS&C Ltd in writing within 10 days (and prior to the engagement taking place) of the date of this agreement, otherwise a contract as per these terms will be deemed to exist. Where the contract includes multiple bookings on the same sheet of paper, each booking shall be treated as a separate agreement between the relevant Artiste(s) and Hirer, and be subject to the same terms contained herein. Please note these terms are accepted as standard terms in respect of any future bookings made with the Hirer
16 Any changes made to the terms of business must be made in writing and accepted by all parties.