Acts/Performers Terms and Conditions

To Acts/Performers for Enthusiasm Events: 

THE ACT(S)’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY).

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1

• Definitions:

• Act(s): means the third party performer/performers engaged by the Supplier, in accordance with these terms and conditions.
• Act(s) Default: has the meaning set out in clause 4.2.
• Booking: means the confirmation by the Act(s) that they can fulfil the Performance at the Venue.
• Booking Fee: means the fee agreed between the Supplier and the Act(s) for fulfilling the Performance Dates.
• Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
• Cancellation Fee: means such damages, losses, charges or fees as may be legitimately incurred by the Supplier as a result of the Act(s) being unable to perform the Performance.
• Charges: the charges payable by the Act(s) for the supply of the Services in accordance with clause 5 (Charges and payment).
• Confirmation Correspondence: means the Act(s) agreeing in writing to be bound by the terms of this Contract.
• Commencement Date: has the meaning given in clause 2.5.
• Conditions: these terms and conditions as amended from time to time in accordance with clause 11.5.
• Contract: the contract between the Supplier and the Act(s) for the supply of Services in accordance with these Conditions.
• Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• Performance: means the undertaking of any performance by the Act(s) at a Venue;
• Performance Date: means the date(s) at which the Act(s) are intended to undertake the Booking and which shall be confirmed in writing by the Act(s).
• Services: means the arrangement by the Supplier to provide the Act(s) with potential Performances and to confirm Bookings, in accordance with the terms of this Contract.
• Supplier: Enthusiasm Events Limited registered in England and Wales with company number 10611725.
• Venue: means the third party for which the the Act(s) may perform a Performance pursuant to this Contract.
• 1.2
  • Interpretation:
  • 1.3
  • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  • 1.4
  • Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • 1.5
  • A reference to writing or written includes fax and email.

2. Basis of contract. 2.1
   • The Supplier intends to act as an intermediatory between the Act(s) and the Venue. The Venue is not a party to this Contract. These terms and conditions are between the Supplier and the Act(s) only and do not seek to create any legally binding or enforceable agreement between the Act(s) and the Venue themselves.
   • 2.2
   • By providing Confirmation Correspondence, the Act(s) confirm their intention to be bound by the terms of this Contract (Commencement Date)
   • 2.3
   • The Act(s) acknowledges that the Supplier is acting as their non-exclusive agent. Nothing in this contract is intended to create or imply any form of employment relationship or infer any employment rights upon the Act(s). The Act(s) acknowledges that they are under not obligation to accept an offer to undertake any Performance at any time or to confirm a Booking. The Act(s) will agree to a Booking on a case by case basis and acceptance of one or more Bookings in no way obliges them to accept future Bookings nor obliges the Supplier to offer them.
   • 2.4
   • By entering into this Contract, the Act(s) are consenting to their details and images being included within promotional materials of the Supplier and hereby give a worldwide, and royalty free licence to the Supplier to use their Intellectual Property Rights in the promotion of the Act(s), for the duration of this Contract.
   • 2.5
   • The notification of a potential Performance constitutes an offer by the Supplier to the Act(s). The Act(s) may agree to undertake the Performance by confirming the Booking or they may opt not to undertake the Performance.
   • 2.6
   • Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s website or other marketing materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
   • 2.7
   • These Conditions apply to the Contract to the exclusion of any other terms that the Act(s) seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
   • Status
     • The relationship of the Supplier to the Act(s) is one of intermediary only and nothing in this agreement is intended to render the Act(s) employees, workers, agents or partners of the Supplier and the Act(s) must not hold themselves out as such.
     • This agreement constitutes a contract for the provision of services only and is never intended as a contract of employment. As such, the Act(s) are themselves fully responsible and shall indemnify the Supplier at all time for and in respect of:
       • any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. The Act(s) further agree to indemnify the Client against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by the Claimant in connection with or in consequence of any such liability, deduction, contribution or claim.
       • any liability arising from any employment-related claim of any claim based on worker status (including reasonable costs and expenses) brought by the Act(s) against the Supplier arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Client.
3. Supply of Services. 3.1
   • The Supplier shall supply the Services to the Act(s) in accordance with these terms and conditions.
   • 3.2
   • The Supplier reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Act(s) in any such event.
4. Act(s)’s obligations. 4.1
   • It is a condition of the Services that the Act(s) shall:
     •  (a) ensure that they are available to meet the requirement of the Performance/Performances proposed before they confirm the Booking;
     •  (b) co-operate with the Supplier in all matters relating to these Services;
     • (c) ensure that they have the requite skill and experience to fulfil the Performance;
     • (d) ensure that they act professionally at all time and are punctual for any Booking.
     • (e) ensure they comply with all Health and Safety legislation, including ensuring that they have performed all relevant risk assessments which may be applicable to the undertaking of the Performance.
     • (f) recognise that they are potentially being exposed to an environment with loud noise and/or music to ensure that at all times they comply with the Control of Noise at Work Regulations 2005 and/or advice issued by the Health and Safety Executive in protecting their hearing.
     • (g) ensure that in the event that electrical equipment is required for the Performance that all such equipment belonging to the Act(s) has been subject to regular testing and complies with all necessary legislation;
     • (h) provide such information and materials as may be reasonably required in order to undertake the Performance;
     • (i) hold adequate insurance policies, including public liability insurance;
   • 4.2. If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Act(s) or failure by the Act(s) to perform any relevant obligation (Act(s) Default):
     • (a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Act(s) remedies the Act(s) Default, and to rely on the Act(s) Default to relieve it from the performance of any of its obligations in each case to the extent the Act(s)  Default prevents or delays the Supplier’s performance of any of its obligations;
     • (b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Act(s) arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 2; and
     • (c) the Act(s) shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Act(s) Default.

5. Payments and Cancellation Charges.
   •  5.1 . The Supplier shall agree the Booking Fee with the Act(s) when confirming the Booking. The Booking Fee shall only become payable after the Act(s) have fulfilled the Booking.
   • 5.2. In the event of the Act(s) cancelling the Booking, the Supplier reserves the right to charge a Cancellation Fee. Such a fee shall become payable immediately upon cancellation.
   • 5.3 At its absolute discretion, the Supplier may choose to waive all or part of the Cancellation Fee referred to at 5.2. Any instance of such waiver does not create any obligation upon the Supplier to do so in the future.
   • 5.4 Any sums payable by the Act(s) under this Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).
   • 5.5 If the Act(s) fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 8, the Act(s)  shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
   • 5.6 All amounts due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. Intellectual property rights
   • 6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier and/or the Act(s) and shall remain their exclusive property.
7. Limitation of liability: THE ACT(S) ’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
   • 7.1 Nothing in the Contract shall limit or exclude the Supplier’s liability for:
     • (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
     • (b) fraud or fraudulent misrepresentation; or
     • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
   • 7.2 The Supplier shall not however be responsible for any act or omission committed by any third party, including the Act(s), which are not under their direct control. This includes any death or personal injury caused by the Performance.
   • 7.3 Subject to clause 7.1, the Supplier shall not be liable to the Act(s) , whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
     • (a) loss of profits;
     • (b) loss of sales or business;
     • (c) loss of agreements or contracts;
     • (d) loss of anticipated savings;
     • (e) loss of use or corruption of software, data or information;
     • (f) loss of or damage to goodwill; or
     • (g) any indirect or consequential loss.
   • 7.4 Subject to clause 7.1, the Supplier’s total liability to the Act(s), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the total sums paid under this Contract.
   • 7.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
   • 7.6 This clause 7 shall survive termination of the Contract.
8. Termination
   • 8.1 The Act(s) are under no obligation to accept a Booking and the Supplier is under no obligation to offer a Booking and as such either party may cease any future obligations to Performances by not accepting/offering further Bookings however this Contract shall otherwise continue, subject to its terms. Subject to clause 5.2, either party may terminate this Contract by providing 60 days written notice of their intention to do so. Once the notice has expired, the Supplier shall ensure that the Act(s) details shall be removed from all new marketing materials, websites and other promotional materials. The Supplier shall also use reasonable endeavours to advice Venues that they no longer represent any interests of the Act(s).
   • 8.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
     • (a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
     • (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
     • (c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
     • (d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
   • 8.3 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Act(s) if:
     • (a) the Act(s) fails to pay any amount due under the Contract on the due date for payment (where applicable); or
     • (b) there is, in the opinion of the Supplier, a significant change to the constitution/membership of the Act(s) so as to render them a materially different act.
   • 8.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Act(s) and the Supplier if the Act(s)  fails to pay any amount due under the Contract on the due date for payment, the Act(s)  becomes subject to any of the events listed in clause 8.2(b) to clause 8.2(d), or the Supplier reasonably believes that the Act(s)  is about to become subject to any of them.
9. Consequences of termination
   • 9.1 On termination of the Contract the Act(s) shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Act(s) immediately on receipt;
   • 9.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
   • 9.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
10. Act(s) Restrictions
    • 10.1 The Act(s) hereby agree, without prior written consent of the Supplier, that for a period of 6 months after the termination of this Contract, the Act(s) shall be prohibited from approaching or soliciting any Venue within which they have undertaken a Performance in the previous 12 months, for the purposes of providing their services directly to that Venue, rather than via the Supplier.
    • 10.2 The Act(s) further agree that for a period of 6 months after termination of this Contract, they shall not provide their personal contact details to any Venue referred to in clause 10.1.
11. General
    • 11.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    • 11.2 Assignment and other dealings.
      • (a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      • (b) The Act(s) shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
      • 11.3 Confidentiality.
    • • (a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Act(s) s or suppliers of the other party, except as permitted by clause 11.3(b).
      • (b) Each party may disclose the other party’s confidential information:
        • (i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 11.3; and
        • (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
      • (c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
    • 11.4 Entire agreement.
      • (a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      • (b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.
      • (c) Nothing in this clause shall limit or exclude any liability for fraud.
    • 11.5 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing (or their authorised representatives).
    • 11.6 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • 11.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    • 11.8 Notices.
    • • (a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by fax to its main fax number or sent by email.
      • (b) Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by fax or email, at 9.00 am on the next Business Day after transmission.
      • (c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
    • 11.9 Third party rights.
      • (a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      • (b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
    • 11.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
    • 11.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Disclaimer

We are an independent entertainment booking consultant. We do not act as sole management, representatives or sole agents for the names listed on this site, or bands, DJs, entertainers, Artiste booked through Enthusiasm Events Ltd. The listing or booking of a name or photograph on this site in no way implies any form of sole management or representation. Enthusiasm Events Ltd  work as consultants for organizations & clients seeking to hire talent or live entertainment, our sole focus is to help our clients find the best possible entertainment for the given situation. We have used our best efforts to choose only free images, should any copyright have been accidentally infringed just let us know and we’ll rectify immediately.  All entertainment listed or booked through Enthusiasm Events Ltd are known to be generally available for private, public and corporate performances, public appearances, Marketing & PR campaigns or speaking engagements.