|The JoJo Entertainment Co. Ltd (JoJo's) has made every effort to word these terms and conditions in plain English, with clarification of various clauses where necessary. If you do not understand any part of these terms, please call us for clarification or seek legal advice before agreeing to them. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding Contract carrying the following non-negotiable Terms & Conditions of Booking: |
The booking Contract ("Contract") is negotiated by JoJo's (the 'Agent') between the Client ("Client ") and the Artiste ("Artiste "). In this respect, JoJo's acts as an employment agency in issuing this Contract and cannot be held responsible for non-fulfillment of bookings or non-payment of fees. A booking ("Booking") is any verbal, electronic or written request securing entertainment for a specific date from the Client to the Agent.
2. Confirming the Booking
i) 'Confirmation' ("Confirmation") will mean any verbal, electronic or written acceptance of this booking by BOTH the Client and the Artiste .
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, JoJo's will issue a Contract to the Client and the Artiste for confirmation of details by electronic email. Both the Client and the Artiste may keep one copy of the Contract for their personal records. JoJo's will store the 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 twenty-four 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 Artiste) if any details on the Contract are altered. All changes to the Contract must be arranged and agreed by JoJo's in advance of the event.
4. Payment of fees
The agreed booking deposit is due upon receipt of the Contract unless special circumstances are agreed between JoJo's and the Client. Deposits can be paid by credit/debit card, cheque or BACS transfer (all details will be shown on your Contract and Booking). Unless otherwise agreed by the Artiste and JoJo's in writing on your Contract, the balance is payable to the Artiste in cash on the day of the event.
If any fee which the Client is due to pay prior to the event has not been received at least 5 working days before the event, the Artiste has the right to cancel the Booking without penalty and the Client will forfeit any other fees paid previously and remain liable for any cancellation fees due (see clause 5.)
Cancellation by the Client:
Cancellation by the Artiste is not allowed for any reason except circumstances covered by 'force majeure' (see clause 16.). In the event that the Client cancels the Booking, the Client agrees to inform JoJo's immediately. JoJo's agrees to inform the Artiste 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 10 days from the event will result in loss of deposit and 50% of the remaining balance (excluding travel costs & expenses) will be payable by the Client to the Agent within 14 days after the event date.
iii) Cancellation by the Client within 10 days and up to 5 days of the event will result in loss of deposit and 75% of the remaining balance (excluding travel costs & expenses) will be payable by the Client to the Agent within 14 days after the event date.
iv) Cancellation by the Client within 5 days of the event will result in loss of deposit and 100% of the remaining balance (excluding travel costs & expenses) will be payable by the Client to the Agent within 14 days after the event date.
If the Artiste is able to re-fill a cancelled date then no cancellation fees will be due unless the new date is of a lower value than the cancelled date in which case the Artiste will be entitled to recover from the Client the difference in value, excluding travel costs & expenses.
In the event of a cancellation, the Artiste agrees to make all reasonable attempts to refill the date.
Any payment outstanding from the Client outside of these terms will be referred to JoJo's debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable. It is the Client's responsibility to ensure their venue can accommodate the Artiste and cancellation of the Booking or non-performance of the Artiste due to venue restrictions will place the Client liable for cancellation fees as detailed above.
Cancellation by the Artiste:
Cancellation by the Artiste is not allowed for any reason except circumstances covered by 'force majeure' (see clause 16.)
In the unlikely event that the Artiste cancels the booking, the Artiste agrees to inform JoJo's immediately. JoJo's agrees to inform the Client of the cancellation and make all reasonable attempts to find a suitable replacement Artiste of similar standard, style & value, at no extra cost to the Client. Should a suitable replacement not be found, JoJo's agrees to refund the Client their deposit plus any other booking fees already paid in advance.
Should the Artiste cancel a booking under circumstances not covered by 'force majeure' (see clause 16), the Client may pursue unlimited damages from the Artiste as they see fit.
The Artiste also agrees to pay JoJo's an administration fee equal to the commission due on the booking (referred to previously as the 'Deposit') and this must be paid to JoJo's within 7 working days on cancellation.
The Artiste also agrees to pay any difference between the balance of this Contract and the fees charged by any replacement Artiste arranged for the Client by JoJo's.
There will be no refund given to the Client against the booking deposit already paid, and no 'administration charge' will be made to the Artiste if a replacement Artiste of similar value can be arranged by JoJo's and agreed by the Client. However, should a replacement Artiste charge a much lower fee, the Client will be refunded a proportionate amount of their booking deposit and the replacement Artiste will be due their usual fee. Where possible, the Client and Artiste will be contacted to agree this in advance.
If a replacement Artiste is required last minute and the Client is not happy to accept the replacement Artiste, they must not allow the replacement Artiste to perform. If the replacement Artiste is allowed to perform, their full fee will be due.
Any payment outstanding from the Artiste outside of these terms will be referred to our recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artiste and will be legally enforceable.
6. Late payment of deposit
Failure by the Client to pay the booking deposit within the terms specified will result in Client being in default of Contract. The booking may be cancelled and the Client will be bound by the cancellation clauses in part 5 of these Terms and Conditions.
7. Late payment of the balance
Failure by the Client to pay the Artiste within the terms specified will result in interest being charged on the balance due. The Artiste reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Non-payment of the balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to our recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
If through their own fault the Artiste is unable to fulfill part of the event schedule or breaks the terms of this Contract and the Client would like to claim a reduction on the Artiste's fee, a complaint must be made in writing to JoJo's no more than 30 days after the event. Full payment must still be made to the Artiste as agreed in the Contract. Withholding payment is illegal. Failure to pay the Artiste within the terms of this Contract will incur charges outlined in clause 7 (see above) and may render the Client subject to prosecution. Whilst JoJo's cannot be held responsible for the actions or failures of either the Client or Artiste, we will make every effort to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, JoJo's will contact the Artiste to discuss the complaint and request a written statement detailing their version of events. JoJo's will act as mediator between Client and Artiste in order to come to an amicable agreement over any refund or expense which may be due. If JoJo's cannot settle the dispute to the mutual satisfaction of both Client and Artiste, both parties must settle the matter directly via their own legal representatives. Any dispute between the Client and the Artiste based on changes to the Contract/performance that were agreed by both the Client and the Artiste, but not confirmed by JoJo's in writing, must be settled between the Client and the Artiste directly. JoJo's will not be able to mediate over these agreements or changes.
9. 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 the Agent. Should this not be possible, changes are to be agreed between the Client and the Artiste prior to performance. Any changes will be subject to these Terms and Conditions.
If changes negotiated between the Client and the Artiste on the day of the event are agreed to incur additional costs to the Client, the Artiste accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to JoJo's standard rate of commission.
10. Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of the Artiste, the Artiste is not able to perform their full performance time within the schedule outlined in the Contract, there will be no reduction in the Artiste's fee.
If the event runs late and the Artiste is asked and agrees to finish later than the finish time in the booking Contract, and the Artiste does not agree an additional surcharge, then the following standard 'late finish' fees will be charged:
10% of the total balance due per ½ hour over run, payable on the day of the event by the Client to the Artiste in cash or by cheque.
The Artiste has the right to refuse to finish later than the Contracted finish time without penalty.
11. Extended performance fees
If the event schedule is changed on the day and the Artiste is required and agrees to perform for longer than the 'Performance times' agreed in the Contract, and no additional surcharge is agreed by the Artiste on the day of the event, the following standard 'Extended performance fees' will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Agent following the event.
The Artiste has the right to refuse to extend their performance times without penalty.
12. Re-engagement of the Artiste
The Client agrees to negotiate all future Bookings of the Artiste with JoJo's and not with the Artiste directly, for the period covering the issue date of this Contract until 24 months after the event date on this Contract.
The Artiste 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 JoJo's to the Client, their guests, staff, venue or Contractors. If approached, the Artiste must inform the person(s) concerned to contact JoJo's. 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 JoJo's.
If the Client agrees to cover additional expenses incurred by the Artiste (such as taxi's, food, rehearsal time, hotel, flights etc), the Artiste must provide receipts and an invoice to the Agent within 60 days after the event.
The Client must reimburse all expenses to the Agent within 28 days of invoice.
14. Artiste service guarantee
- The Artiste agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artiste's show as known to JoJo's and as advertised to the Client via promotional materials, profiles, pictures, videos, web page or verbal description etc. The Artiste 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 Artiste 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 Artiste's responsibility to ensure the good working order & safety of their own equipment and to obtain all necessary insurances & certification.
- The Artiste agrees that their fee is inclusive of all expenses (except those that have been agree to by the Client and will be invoiced post the event), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever.
- The Artiste will refrain from drinking before, during and after the performance at all times when the Client or their guests are present.
- The Artiste 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 Artistes.
- The Artiste will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
- The Artiste will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, JoJo's, or the Client.
- The Artiste at the time of agreeing to this Contract shall not be under any Contract to a third party that might preclude him/her from fulfilling the engagement.
- The Artiste 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 Artiste is not employed by JoJo's and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
- The Artiste accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), CRB, their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment where applicable.
15. Artiste equipment
It is agreed by the Client and the Artiste that the equipment and instruments of the Artiste are not available for use by other performers or persons except by specific permission of the Artiste.
16. Artiste's wellbeing during the event
If the Artiste requests water, this should be provided at no charge.
17. 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 Artiste or 'Client ', then the Artiste or Client may cancel this booking without penalty other than loss of deposit.