TERMS & CONDITIONS
Pub Entertainment (Registered Business Name: 437428) whose registered office is at Newbridge, Co. Kildare (“Agent”)
has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these
terms, please call your representative at the Agency for clarification or seek legal advice before agreeing to them.
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding
contract subject to the following non-negotiable terms and conditions of booking.
Definition of Terms:
Contract: The Terms and Conditions contained within the body of this document.
The Agent: Pub Entertainment
The Client: Any Individual, Group or Business availing of the services of Pub Entertainment for the provision of
entertainment at an agreed venue.
The Artist: Any individual or group of individuals contracted by Pub Entertainment to provide entertainment at an
agreed venue.
Booking: Hiring of The Artist by The Client, terms of which are negotiated by The Agent and made between The Client
and The Artist for the provision of specified entertainment by The Artist at a date, time and venue specified by The
Client.
1. Introduction
1.1 This booking contract is negotiated by the Agent and is made between the Client and the Artist. In this respect,
the Agent is acting as an negotiator in issuing this contract and shall not be held responsible for a breach of this
contract howsoever caused.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether
orally, electronically or in writing (“Confirmation”).Where a deposit forms part of the negotiated fees, the booking will
only be accepted on receipt of the deposit. The Deposit is non-refundable.
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance
of these terms.
2.3 The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will
continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date,
and for a further period of Six months.
3. Changes to Booking
3.1 All changes to the Booking must be arranged and agreed by the Agent in advance of the Event Date.
4. Fees For Services
4.1 Clients Fee Varies , Depending on Requirements from Venue or From Private booking.
4.2 The Artist agrees to pay the agent 5% of the agreed negotiated fees.
5. Payment of fees
5.1 All negotiated Artist fees are inclusive of VAT where applicable, travel time, expenses and The Agent’s service fee.
5.2 The Artist must inform The Agent that if he is Registered for VAT and supply him with his VAT Registration details
prior to any negotiations commencing with The Client for the hiring of his services as all fees negotiated are inclusive
of VAT when applicable.
5.3 Complete agreed fees are to be paid in cash or cheque, to The Artist on the night of his performance or paid within 30days of issued invoice to Client.
5.4 All payments due to the Agent by The Artist are to be paid within 30 days from date of issue of invoice issued by
the Agent.
6. Cancellations by the Client
6.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by
clause 18.) provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the
Force Majeure Event.
6.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the
Client.
6.3 Where the Client has terminated (or is deemed to have terminated) the Contract, The Agent shall use all
reasonable endeavours to secure an alternative booking for The Artist on that date or another suitable date.
6.4 If the Client does not cancel the Contract in accordance with clause 6.1 or for any reason other than a
Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to the loss of the Deposit,
calculated as follows:
6.4.1
CANCELLATION PERIOD CANCELLATION FEE
Less than 48 hours after Confirmation nil
Up to 10 days before Event 50% of Full Fee
Day of Event 100% of Full Fee
6.4.2 Where the Artist has secured an alternative booking, the Fee from which the cancellation fee is calculated shall be
reduced by the amount of the fee (being in respect of the performance only) from the new booking.
6.5 Any payment outstanding from the Client will be referred to the Agent’s debt recovery company and will be subject
to a surcharge of 15% plus VAT to cover administration fees and costs incurred. Such surcharge together with all other
charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
6.6 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance
of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
7. Cancellation by the Artist
7.1 On acceptance of a booking, The Artist shall have the right to terminate this Booking only on the occurrence of a
Force Majeure Event.
7.2 In the case of inability to appear,other than a Force Majeure Event, the Artiste(s) must notify both Pub
Entertainment immediately or no less than 72 hours prior to agreed time of performance.
7.3 The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.
The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the
Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should
a suitable replacement not be found, the Agent agrees to refund the Client the Deposit plus any other fees already
paid in advance.
7.4 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a Contract for
any reason other than a Force Majeure Event the Artist shall pay the Agent the administration fee equal to the 5%
commission due on the Contract. The Artist shall not be liable for any loss, damage, cost or expense arising out of the
breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
7.5 No refund shall be given to the Client against the Deposit already paid, if a replacement artist of similar value can
be arranged by the Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the
Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be
due their usual fee. The Agent shall use reasonable endeavours to contact the Client and Artist to agree this in
advance. If posters have been issued to the client an administration charge will be made to the Cancelling Artist.
7.6 The Agent acts as a negotiator only and is not a party to the resulting contract. For this reason The Agent cannot
accept responsibility for non-fulfillment or breach of any such contract, but every reasonable safeguard is assured.
Wherever possible in such cases, The Agent will make every effort possible to replace the act with one of similar price
and quality.
8. Late payment of the Fees
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged in accordance
with European Directive 2000/35/EC on outstanding invoices.
9. Complaints
9.1 If through his own fault, the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract
and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no
more than 30 days after the Event Date. Full payment must still be made to the Artist as agreed in the contract. The
Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay
the Artist within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist, the Agent will
use reasonable endeavours to settle disputes without the need for either party to take legal action against each other.
Once a written complaint has been made by the Client, the Agent will contact the Artist to discuss the complaint and
request a written statement detailing their version of events. The Agent will act as mediator between Client and Artist
in order to come to an amicable agreement over any refund or expense which may be due. If the Agent cannot settle
the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal
advice and pursue any other course of action.
10. Changes on the Event Date
10.1 Where possible, changes to the booking schedule which are unavoidable on the Event Date should first be
discussed and agreed with the Agent.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to
the Client, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees
will be subject to the Agent’s standard rate of 5% commission. The Artist must disclose to the Agent additional monies
collected within 7 days of the Event Date and account for commission.
10.3 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur less than agreed
costs to the Client, the Artist accepts full responsibility and agrees that the Agent’s standard rate of 5% commission
will be on the original agreed costs.
10.4 Any changes will be subject to these terms and conditions.
11. Delayed event schedules
11.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not
able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in
the Artists fee.
11.2 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer
than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 20% of the
total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the
Artist in cash or by cheque on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for
the period covering the issue date of this Contract until 6 months after the Event Date on this contract.
13.2 The Artist 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 the Agent to the Client, their staff, venue or
contractors.
13.3 If the Artist is approached by the Client or employee of the Client, the Venue or an employee of the Venue and/or
another agency then the Artist shall notify the Agent immediately.
13.4 If for any reason the artist accepts a booking directly from the Client or his employees, the Artist must account to
the Agent the amount that would have been payable had the booking been made with the Agent.
13.5 The Artist agrees to negotiate all future bookings of the Venue with the Agent and not with the Venue directly, for
the period covering the issue date of this booking until 6 months after the Event Date on this contract.
13.6 If any Artiste seeking employment under a normal non-exclusive agency representation agreement (i.e. who has
not signed under a management or sole representation contract) should wish to cease being represented by Pub
Entertaiment and have their name and details removed from any promotional materials issued by the Agency they can
give a minimum of 30 days notice in writing. From that point no further promotional materials featuring the Artiste will
be created, but it must be understood that it is not possible to remove information from hard copy products already
published.
14. Expenses
14.1 If this Contract includes a schedule containing the Artist’s requirements for food, accommodation, dressing
rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
14.2 If the Client has agrees to cover additional expenses incurred by the Artist (including but not being limited to
travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client
within 60 days after the Event Date.
14.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should
the Client request such an adjustment.
15.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any
unamplified drum kit and/or backline instruments.
15.3 The Artist cannot be held responsible for non-performance in circumstances
16. Artist equipment
16.1 It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use
by other performers or persons without the written consent of the Artist.
17. Use of alternative/deputy performers
17.1 This clause covers any person or persons who stand in for one or more of the Artist’s standard group of
performers should they be unable. The Agent must be informed if deputy performers are to be used in place of main
Artist.
17.2 The Artist will perform using their standard group of performers as advertised to the Agent and the Client unless
otherwise agreed by the Agent and the Client in advance, or it is necessary due to a Force Majeure Event. The Artist
agrees that any deputy performers used will be of the same standard and professional competence as the performer
who is to be replaced, and that the deputy will have a good knowledge of the Artist’s repertoire, and represent the
Artist to the same high standard that is known by the Agent and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this
performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy
performer rather than cancel the booking.
17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
17.5 There will be no reduction in the Artist’s fee if a deputy performer is used.
17.6 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised
that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a
reason outside of its control (such 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) and which is not attributable to any
act or failure to take preventive action by the Artist or Client.
19. Rights of Third Parties
19.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the
Contracts (Rights of Third Parties) Act 1999 by the Agent.
19.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that
Act.
20. General
20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an
original but all the counterparts together shall constitute the same document.
20.2 The parties agree that this contract is governed by irish law and hereby submit to the exclusive jurisdiction of the
courts of Ireland
20.3 The Hirer/Client is to provide a suitable performing area. Unless otherwise agreed, the Hirer must provide an
electrical supply meeting or exceeding Irish Standards, where electrical equipment is to be used as part of the
performance. Where the Artiste is expected to wear stage clothing the Hirer must provide adequate Dressing Room
facilities (toilets are unacceptable).
20.4 No servant or agent of this agency has the power to vary these terms and conditions.
20.5 Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed
in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect. The
document “Commission Policy” forms part of these terms, and must be read and construed as such. All contracts to
which these conditions apply shall be construed in accordance with Irish Law.
20.6 Whenever the context so admits, words importing the masculine shall include the feminine and the singular
number shall include the plural and vice versa as appropriate.
APPENDIX – ARTIST SERVICE GUARANTEE
The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the
Artist’s show, as known to the Agent and as advertised to the Client via distribution of the Artist’s demo CD’s,
promotional materials, profiles, pictures, videos, web page etc. The artist 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 Artist 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 Artist’s responsibility to ensure the good
working order and safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for
separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue,
VAT, tax, Universal Social Charges etc., any payments whatsoever due to other members of the band and the Agent’s
5% commission.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or
their guests are present.
The Artist 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 artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The
Agent, or the Client.
The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might
preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information.
The Artist must refer all prospective clients resulting from this booking to the Agent.
The Artist 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 Artist is not employed by the Agent and they are responsible for their own accounting and payment of TAX, VAT &
National Insurance contributions.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum
of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their
equipment.
It is hereby agreed that these Terms & Conditions shall apply to all bookings
arranged through Pub Entertainment.
