These are the Terms and Conditions which will apply to your booking. Please read them carefully as you will be bound by them.
Terms and Conditions
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:
This booking contract is negotiated by Happy Times (the ‘agent’) between the ‘client’ and the ‘artist’. In this respect, Happy Times acts as an employment agency in issuing this contract and cannot be held responsible for
of bookings or nonpayment of fees.
- Confirming the bookingConfirmation:
- i) ‘Confirmation’ will mean any verbal, electronic or written acceptance of this booking by BOTH the ‘client’ and the ‘artist’.
- ii) All bookings take effect immediately upon ‘confirmation’.
ii) Non-signature/non-return of the contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘confirmation’ of the booking, Happy Times will issue a contract to the ‘client’ which they may keep for their personal records. If the ‘client’ cancels the booking any later than ten days after the confirmation date on the booking form the ‘client’ will lose all of their deposit.
Happy Times will store details of the contract(s) for safekeeping and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
Changes to contract
The agreed booking fees may be subject to change (in agreement with both the ‘client’ and the ‘artist’) if any details on the contract are altered. All changes to the contract must be arranged & agreed by Happy Times in advance of the event.
Payment of fees
The client agrees to pay Happy Times the value of the booking as shown clearly on the quotation and on the invoice.
The agreed booking deposit is due strictly within 5 working days of booking. The deposit can be paid by eft or cash (details on your contracted booking form & invoice.)
Unless otherwise agreed by Happy Times and the client in writing on the cover of your contract, the balance is payable to Happy Times in cash or by eft on the day of the event.
If any fee which ‘Happy Times’ is due to paid prior to the event has not been received at least 5 working days before the event, Happy Times has the right to cancel this booking without penalty and the ‘client’ will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see Cancellation by the ‘client.)
Cancellation by the ‘client’:
Cancellation by the ‘client’ is not allowed for any reason except circumstances covered by ‘force majeure’ In the event that the ‘client’ cancels the booking; the ‘client’ agrees to inform Happy Times immediately. Happy Times agrees to inform the ‘artist’ of the cancellation immediately.
- i) Cancellation by the ‘client’ within 10 days of confirmation date 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 10 days of confirmation and up to 28 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
- iii) Cancellation by the ‘client’ within 14 days of confirmation and up to 8 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.
iv) Cancellation by the ‘client’ within 7 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the ‘client’ to the ‘artist’ within 14 days.’Artist’ cancellation fees should be sent to Happy Times to be forwarded on to the ‘artist’ within 7 days of receipt.
On behalf of Happy times, any payment outstanding from the ‘client’ outside of these terms will be referred to a debt recovery company and will be subject to a surcharge of 15% 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 ‘clients’ responsibility to ensure their venue can accommodate the ‘artist’ and non-performance of the ‘artist’ due to venue restrictions will place the ‘client’ liable for cancellation fees as detailed above.
v) In the event of the client having or wanting to cancel their proceedings, or unwilling to have the performer they booked or agreed on booking appear as requested for an upcoming event, the client will be liable to pay a percentage of the full charges as follows;
a) cancellation within 7 days of the event – 100% agreed fees
b) cancellation within 8 – 30 day of the event – 50% agreed on fees.
Cancellation by Happy Times:
Cancellation by the ‘artist’ can go done so if the client has lied about the event, has not paid or is rude to the performers. Happy Times can also cancel due to circumstances covered by ‘force majeure’
In the unlikely event that Happy Times cancels the booking, Happy Times agrees to inform the client immediately. Happy Times agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Happy Times agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
If a replacement artist is required last minute and the ‘client’ is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
- Late payment 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 will be canceled and the ‘client’ will be bound by the cancellation clauses in the terms and conditions.
Whilst Happy Times cannot be held responsible for the actions or failures of either the ‘client’ or ‘artist’ we will make every effort 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’, Happy Times will contact the ‘artist’ to discuss the complaint and request a written statement detailing their version of events. Happy Times will act as a mediator between ‘client’ and ‘artist’ in order to come to an amicable agreement over any refund or expense which may be due. If Happy Times cannot settle the dispute to the mutual satisfaction of both ‘client’ and ‘artist’, both parties must settle the matter directly via their own legal representatives.
Any dispute between the ‘client’ and the ‘artist’ based on changes to the contract/performance that were agreed by both the ‘client’ and the ‘artist’, but not confirmed by Happy Times in writing, must be settled between the ‘client’ and the ‘artist’ directly. Happy Times will not be able to mediate over these changes.
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 your Happy Times agent. Should this not be possible, changes are to be agreed between the ‘client’ and the ‘artist’ prior to the performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the ‘client’ and the ‘artist’ on the day of the event 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 Happy Times standard rate of commission. The ‘artist’ must disclose Happy Times additional monies collected within 7 days of the event and forward commission due within 7 days.
- Delayed event schedules and late finish feesIf 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.
If the event runs late and the ‘artist’ is asked and agrees to finish later than the finish time in the booking contract, and the ‘artist’ does not agree on an additional surcharge, then the following standard ‘late finish’ fees will be charged:
10% of the total balance due per ½ hour overrun, payable on the day of the event by the ‘client’ to the ‘artist’ in cash or by cheque.
The ‘artist’ has the right to refuse to finish later than the contracted finish time without penalty.
- Extended performance feesIf the event schedule is changed on the day and the ‘artist’ is required and agrees to perform for longer than the ‘Performance times’ agreed in this contract, and no additional surcharge is agreed by the ‘artist’ 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 ‘artist’ in cash or by cheque on the day of the event.
The ‘artist’ has the right to refuse to extend their performance times without penalty.
- Re-engagement of the ‘artist’The ‘client’ agrees to negotiate all future bookings of the ‘artist’ with Happy Times and not with the ‘artist’ directly, for the period covering the issue date of this contract until 18 months after the event date on this contract.
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 Alive Network, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘artist’ must inform the person/s concerned to contact Happy Times. 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 Happy Times and invoiced for commission against any resulting work accordingly.
- RiderThis contract may be subject to a ‘rider’ containing the ‘artists’ requirements for food, accommodation, dressing rooms, technical specifications etc. The ‘rider’ forms an integral part of this contract and MUST be provided by the ‘client’ at their own expense.
- ExpensesIf the ‘client’ has agreed on the contract to cover additional expenses incurred by the ‘artist’ (such as taxi’s, food, rehearsal time, hotel, flights etc) the ‘artist’ must provide receipts and an invoice to the ‘client’ within 60 days after the event.
The ‘client’ must reimburse all expenses to the ‘artist’ within 28 days of invoice.
Late payment of expenses will incur a late payment fee equal to 10% of the expenses due, per 5 working days that payment is overdue.
- Artist service guaranteeThe ‘artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘artists’ show, as known to Happy Times and as advertised to the ‘client’ via distribution of the ‘artists’ 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 ‘artists’ responsibility to ensure the good working order & safety of their own equipment and to obtain all necessary insurances & certification. The commission will be paid by the ‘artist’ to Happy Times on all employment at an agreed rate within 7 days of the date of performance unless the ‘client’ deposit covers the total commission fee required.
The ‘artist’ agrees that their fee is inclusive of all expenses (except those that have been itemized or accounted for separately), including holiday entitlements, traveling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other persons.
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 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 reflect badly upon themselves, Happy Times, or the ‘client’.
The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
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 telephone number and/or address. The ‘artist’ must inform the person/s concerned to contact Happy Times. 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 Happy Times and invoiced for commission due accordingly.
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 Happy Times 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 R1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
- Sound limiters & volume
- The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
However, it is understood that the ‘artist’ cannot guarantee the quality of their performance should their volume be reduced below the level of the unamplified drum kit & backline instruments.
Furthermore, it is understood that the ‘artist’ cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an artist of their type.
- ‘Artist’ equipmentIt is agreed by the ‘client’ and the ‘artist’ that the equipment and instruments or props of the ‘artist’ are not available for use by other performers or persons except by specific permission of the ‘artist’.
- Use of ‘dep’ performersA ‘dep’ performer will mean a person or persons who stand in for one or more of the ‘artists’ standard group of performers should they be unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their act as known as advertised to Happy Times and the ‘client’ unless otherwise agreed by Happy Times and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘artists’ performance repertoire, and represent the ‘artist’ to the same high standard that is known by Happy Times and expected by the ‘client’.
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used, although, if in advance of the event the ‘client’ is in agreement of a ‘dep’ performer If the ‘client’ is not happy with the replacement, they have the right to cancel the booking without penalty and the ‘artist’ will be liable for the cancellation under the terms of clause
“Cancellation by the ‘artist”
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 ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty.