Terms and Conditions (Clauses 1 – 13)
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable Terms and Conditions of booking. Therefore, the completion of the booking contract confirms the details of the booking and does not in itself secure the engagement as this has already occurred. Consequently, non-return or non-completion of the booking contract does not terminate the agreement.
2. The Booking Process
Upon confirmation, Andy Martin Entertainments will issue the ‘client’ a booking contract for signature, which must be returned to Andy Martin Entertainments within 14 days. Or to complete the Online booking Contract within 7 days.
3. Changes to the Booking Contract
4. Payment of Booking Fees
Unless specified in the booking contract, the remaining balance is payable to A. Martin by cash on the day of the event or by cheque received by us no later than 2 weeks before the event or by BACS payment direct to our account no later than 7 days before the event. Payments / any correspondence should be sent to:
Andy Martin Entertainments, Entertainment House, 33 Elmleigh, Abbey Manor Park, Yeovil, Somerset. BA213UJ
5. Late Payment of Booking Deposit
6. Late Payment of Fees
Where the outstanding balance has not been paid within 30 days, the amount may be sought via legal processes or referred to a debt recovery agency.
The ‘client’ must in return reimburse all these expenses within 30 days of the ‘Andy Martin Entertainments’’ invoice being issued.
8. Client Responsibilities
Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘Andy Martin Entertainments’’ is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering ‘Andy Martin Entertainments’’ incapable of unloading, or after unloading ‘Andy Martin Entertainments’’ is unable to secure legal parking within a ½ mile radius of the venue, the ‘client’ agrees to pay for any parking expenses thereby incurred. This includes parking meters, car park fees etc. Any charges should be paid by the ‘client’ to the ‘artist’ on the day of the event, in addition to the outstanding balance.
It is agreed by the ‘client’ that any equipment of ‘Andy Martin Entertainments’ is not available for use by other performers or persons unless agreed with Andy Martin Entertainments
It is agreed by the ‘client’ that sufficient time must be scheduled / discussed with the venue for setting up of equipment & equipment removal to take place. (Setting up of equipment & equipment removal times will be discussed & listed in your booking contract).
In the event of clients running late with their event, sufficient time as listed in the booking contract must be given to ‘Andy Martin Entertainments’ to set up equipment & for equipment removal.
9. Andy Martin Entertainments Responsibilities
Andy Martin Entertainments agrees to provide all equipment necessary to undertake this performance, unless specifically outlined in the booking contract that either the ‘client’ or a third party shall do so. Andy Martin Entertainments shall provide their own equipment and it is their responsibility to ensure its good working order and safety, and to obtain all necessary insurances and certification where applicable.
Andy Martin Entertainments accepts full responsibility for maintaining their own Public Liability Insurance (to a minimum of £10,000,000 cover), vehicle insurance and carrying out the P.A.T. testing of their equipment.
Andy Martin Entertainments agrees that their booking fee is inclusive of all expenses (except those specifically accounted for in the booking contract), including travelling expenses to and from the venue, additional equipment hire, tax, N.I. etc. and any payments due to other members of the ‘Andy Martin Entertainments’ party.
Andy Martin Entertainments is responsible for their own accounting, payment of tax and National Insurance contributions.
Andy Martin Entertainments is not VAT registered so no VAT is payable on our fees.
Andy Martin Entertainments & any associated staff will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present. Furthermore, the ‘Andy Martin Entertainments or associated staff’ will not under any circumstances partake of any illegal drug use on the day of the event, at the event venue, or whilst in the presence of the ‘client’, their guests, venue staff or other associated suppliers or ‘artists’.
Andy Martin Entertainments or associated staff will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. In addition, the ‘Andy Martin Entertainments’ will not exhibit any other conduct deemed anti-social, illegal, or which reflects badly upon themselves, or the ‘client’.
Andy Martin Entertainments or associated staff shall be suitably dressed during their performance.
Andy Martin Entertainments or associated staff must also adjust the volume and sound level of any equipment as reasonably required by the ‘client’.
Where ‘Andy Martin Entertainments’ has cancelled, they agree to inform the ‘client’ immediately and make all reasonable attempts to find a suitable replacement of similar standard and style, at no additional cost to the ‘client’. Should a suitable replacement not be found then ‘Andy Martin Entertainments’ agrees to refund the ‘clients’ original booking deposit, plus any additional fees paid in advance.
Where the ‘client’ has cancelled the booking, they agree to inform ‘Andy Martin Entertainments’ immediately in writing or email.
If Andy Martin Entertainments has cancelled for reasons not covered by Clause 13, the ‘client’ may pursue legal action.
If a replacement ‘artist’ of similar value is arranged and agreed between the ‘Andy Martin Entertainments’ and ‘client’, no booking deposit will be refunded.
Where the ‘client’ has cancelled for reasons other than those outlined in Clause 13, then forfeiture of the booking deposit will result at all times & further fees are also applicable where the ‘client’ has cancelled for reasons other than those outlined in Clause 13, and will be based on the following:
1) In addition to the booking deposit where cancellation occurs 90 days or more of the event 25% of the remaining fee will be due to ‘Andy Martin Entertainments’.
2) In addition to the booking deposit where cancellation occurs within 90 days to 60 days of the event 50% of the remaining fee will be due to ‘Andy Martin Entertainments’.
3) In addition to the booking deposit where cancellation occurs within 60 days to 30 days of the event 75% of the remaining fee will be due to ‘Andy Martin Entertainments’.
4) In addition to the booking deposit where cancellation occurs within 30 days of the event 100% of the remaining fee will be due to ‘Andy Martin Entertainments’.
5) All ‘client’ cancellation fees must be paid to ‘Andy Martin Entertainments’ within 14 days of cancellation.
6) Any outstanding payment owed to ‘Andy Martin Entertainments’ will be referred to a recovery company and will be subject to a surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.
12. Performance Schedule Changes
Where ‘Andy Martin Entertainments’ is not able to perform their full performance through no fault of their own (e.g. the event is running late), there shall be no reduction in the ‘Andy Martin Entertainments’ booking fee.
Where ‘Andy Martin Entertainments’ has been asked and agrees to perform later than the finish time outlined in the booking contract, and where no additional surcharge has been agreed, this is negotiable on the night of the performance & will be additionally payable to ‘Andy Martin Entertainments’ in cash on the day of the event.
If the schedule has changed through no fault of the ‘Andy Martin Entertainments’ then the right to refuse to finish later than the contracted finish time is without penalty.
Andy Martin Entertainments has the right to refuse to extend their performance time without penalty.
13. Force Majeure