Alex Michael Magician – Terms and Conditions

Thank you for booking Alex Michael Magician

Terms and conditions of booking

All of these terms and conditions have been designed to be fair, and have been prepared for the protection and mutual benefit of all parties involved. If you do not understand any part of these terms, please call for clarification.

Where necessary, the artists Alex Michael or any other magician booked via Alex Michael will act as the Agent and wherever the word ‘Agent’ appears in the terms and conditions below.

Upon acceptance of a booking the client may confirm and agree to this by email but WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING it will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:

 

1. Introduction

All terms used in the Entertainment Booking Form shall apply in these terms and conditions.

 

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”).

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 We will store the Contract for safe keeping (copies of which will be readily available on request).

 

3. Changes to contract

3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).

3.2 All changes to the Contract must be arranged and agreed in advance of the Event Date.

 

4. Payment of fees

4.1 The Total Cost is inclusive of VAT and any other expenses.

4.2 Unless otherwise agreed by the Artist and the Agent in writing on the Entertainment Booking Form, the Balance is payable to each Artist directly on the night of their performance either in cash or by cheque made payable to the individual.

 

5. Cancellations by the Client

THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.

Cancellation by the Client:

5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 10) provided that the Client informs the Artist as soon as reasonably practicable on becoming aware of the Force Majeure Event.

5.2 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist (s) shall use all reasonable endeavours to secure an alternative booking on the Event Date.

5.3 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, calculated as follows:

 

CANCELLATION PERIOD CANCELLATION FEE
Between 90 days and 1yr 50% of balance of all dates booked for all artists is due
Up to 90 days before event 100% of balance of all dates booked   for all artists is due

 

5.5 All cancellation fees shall be paid to the Artist –Alex Michael within 14 days of the Event

5.6 Any payment outstanding from the Client will be referred to the Artists debt recovery company and will be subject to a surcharge of 25%  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.

5.7 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artists and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.

 

6. Cancellation by the Artist

6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.

6.2 The Artist shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. 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 any fees already paid in advance.

6.3 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 within 5 working days to the Agent an administration fee equal to the commission due on the Contract.

6.4 No administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Agent and agreed by the Client.

6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.

6.6 Any payment outstanding from the Artist will be referred to the Agent’s 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 Artist.

 

7. Late payment of the fee

7.1 Payment will be paid in full by the client to the artist prior to performance starting

7.2 Failure by the Client to pay the Artist by the end of the performance will result in a fee of £60 per 15 mins late charge.

7.4 Non-payment of the Balance on the day will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Agent’s recovery company and will be subject to £500 penalty, 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.

 

8. Changes on the Event Date

8.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Artist.  Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.

 

10. Force Majeure Event

10.1 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.

 

11. General

11.1 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.

11.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and

Wales.

 

Copywright Alex Michael Magician 2018