RED ELEPHANT MEDIA BOOKING TERMS AND CONDITIONS:
Under the new employment legislation (The Conduct of Employment Agencies and Employment Businesses Regulations 2003) effective 6th April 2004 we will require certain declarations from artists and/or their management or partner agencies, or hirers on commencement of their business with us.
We operate as an "Employment Agency" under the terms of the legislation representing artists for the purposes of contracting them for temporary occasional work with hirers (ie the promoter or venue) as a performer/s in the entertainment industry.
Representation by Red Elephant Media Ltd does not constitute employment with the Agency.
All contracts to hire whether written or verbal or implied are direct contracts between the artist and the hirer, not the Agency. By entering into any agreement whether written or verbal or implied for the booking of artists or services through
the Agency all parties shall be deemed to have agreed to accept and abide by the terms and conditions as described here and as
amended from time to time by the Agency and as prevalent at the time of the making of the agreement.
For international events The Promoter will arrange and pay for in advance all return flights, internal travel and hotel accommodation/board
and any licensing and performance permits as required by local law. The Agency does not arrange travel or accommodation on behalf of the Artist.
Flight share arrangements are the responsibility of the Artist if being made at their instigation.
The promoter must seek prior agreement from the Agency before making the artist available to other promoters for additional bookings for the purposes of sharing flight and accommodation travel costs. 100% of the performance fee and 100% of travel expenses and any other fees relating to visas or work permits as stated in this agreement shall be payable by the Promoter to the Artist or to the Agency within 7 days of confirmation of the booking unless funds are required earlier to ensure flight availability.
Where the Promoter is arranging and purchasing flight tickets and hotel vouchers on behalf of the Artist these shall be paid for in advance by the Promoter and full details and tickets received by the Artist at least 10 days in advance of the event. In some instances the Artist or the Agency may agree to accept a percentage of the performance fee in advance and The Promoter will pay the remaining balance of the performance fee direct to the Artist on the day of the performance and prior to the performance or on arrival in the country of performance whichever is the sooner.
Payment will be made in the currency stated in the agreement - usually US DOLLARS, free of deduction unless otherwise stated in this agreement. Full payment details will be advised on booking. It is recommended that the Promoter use secure telegraphic transfer of funds via a reputable bank or cable office or by International Money Order or by Bankers Draft. Credit card payments are not accepted. Neither the Agency nor the Artist can accept responsibility for cash payments sent by post. For bookings and financial transactions taking place wholly within the check’s payment is acceptable providing sufficient time is available to clear funds prior to the event.
The Artist performance fee as stated in this agreement is gross of personal income or commercial trading tax liability. Payment of personal income or trading tax liability is the responsibility of the Artist not the Agency. We strongly recommend that the Artist make provision within their own financial arrangements for the payment of any such liability and keeps such records of their income and commercial activities as may be required by law. In the event of that any part of the fee remains unpaid or travel or accommodation documents not received within reasonable time for the Artist to plan his/her travel, the booking shall be void and the Artist will not be obliged to fulfill the engagement.
The Artist or the Agency shall give no refund of any portion of the fee and travel expenses. 50% of the Artist's performance fee or other amount as may be stated in the booking agreement as being required to confirm the booking is payable following verbal or electronic requesting of the booking by the Promoter if the event or booking be subsequently cancelled or postponed or made void for any reason whatsoever up to a period of one month prior to the event. If the event or booking is cancelled or postponed or made void for any reason whatsoever within one month of the event the full performance fee is payable by the promoter. Should the event be postponed the Artist will not be obliged to accept a re-arranged booking for the event at a later date and cancellation terms will apply.
The promoter is to supply clear and detailed directions to ensure the Artist is able to reach the venue. For overseas events, the Promoter must arrange for prepaid transportation for the Artist from the airport to the hotel accommodation to the venue and from the venue to the hotel and to the airport after the event. If the event is cancelled for whatever reason the Artist shall give no refund of any portion of the fee or travel or accommodation expenses. Where the Promoter has purchased travel tickets or hotel accommodation and sufficient notice of cancellation is given by the Promoter to the Artist or the Agency any unused travel tickets or vouchers shall be returned to the Promoter for refund.
Where the Artist or the Agency has purchased travel or accommodation at the expense of the Promoter and sufficient notice of cancellation is given to Artist or the Agency the Artist or the Agency shall obtain a refund for the unused travel tickets or vouchers and return the monies received less any deductions made by parties to the purchase of the travel tickets or vouchers to cover cancellation or administration costs and any bank charges and other expenses incurred by the Artist or the Agency in the transfer of monies to the Promoter. Promoters should note that many economy and discount flight fares are extremely restrictive in regard to cancellation, change of passenger, or change of flight and in some cases no refund or change is allowed by the airline or ticket agent.
If for any reason the Artist cannot fulfill the engagement for reasons outside the Artist's control, including but not limited to travel delays or breakdown of vehicles not owned by the Artist or flight cancellation or overbooking of flights or customs/immigration problems or damage or loss or confiscation of records or equipment en route or non-availability of accommodation or insufficient or incorrect directions to venue or refusal of entry to venue or similar occurrences outside of the Artist control the booking will be considered to be void and no refund of any portion of the fee or travel or accommodation expenses shall be given to the Promoter by the Artist.
The Artist will take all reasonable steps to fulfill the engagement or advise the Promoter of any problem or delay or non-arrival where this is both practical and permitted by the authorities. If the Artist cannot perform for any personal reason including but not limited to death or illness or close family bereavement or other similar emergency the Agency shall take all reasonable steps to advise the Promoter and where agreed by the Promoter the Agency shall provide on a best endeavor’s basis a replacement Artist of similar style and skill level providing this is practical in the time available. All travel/accommodation costs for the replacement Artist shall be at the expense of the Promoter.
Where practical the non-performing Artist shall refund the full fee and any pre-paid travel expenses or obtain refund or return any unused tickets or accommodation vouchers to the Agency. The Agency will take reasonable steps to arrange transfer of any travel or accommodation documentation to the replacement Artist providing this is practical in the time available, and that any charges relating to the transfer are paid for by the promoter. Where a replacement artist is not required or is unavailable the Artist shall obtain a refund for the unused travel tickets or vouchers and return the monies received less any deductions made by parties to the purchase of the travel tickets or accommodation to cover cancellation or administration costs and any bank charges and other expenses incurred by the Artist in the transfer of monies to the Promoter.
In the event of the Artist failing to return tickets or monies for refund the Agency shall without prejudice or any admission of liability or obligation render reasonable assistance to the Promoter to recover the tickets or monies from the Artist including the threat of removal from the Agency roster. No payment shall be made by the Agency to the Promoter for any direct or consequential financial loss incurred as a result of the failure of the Artist to perform. Repeat bookings from the same promoter or organization and new bookings resulting from the artists performance detailed in this contract must be made through the Red Elephant Media Ltd Agency.
In the event that bookings are made by alternative means a booking fee of 20% of the total artist fee for the performance detailed in this contract and for each subsequent booking made for the artist is payable to The Agency by The Promoter. Unless otherwise stated in the agreement the Artist will perform for maximum 2-hours in the Artists usual style. TECHNICAL INFORMATION *As a minimum DJ's require 2 x Technics 1200's/1210's with +/-8% variable pitch control plus a professional standard mixer such as a Pioneer DJM500/600, or equivalent with cross fader, line output faders, pre-fade gain, bass/mid/top EQ controls, headphone monitoring facility microphone and output monitor speakers. Provision of all equipment (with the exception of headphones) is the responsibility of the Promoter. All equipment shall be in full working order and spare headshells/stylii to be available in case of failure. Artists reserve the right not to perform if professional equipment has not been provided or is not fully functional. In practice Artists will usually do their best to provide a performance in the event that problems arise with the equipment unless they believe that doing so will be detrimental to their reputation.
for more info information or questions: bookings@redelephantmediagroup.com