TERMS OF BUSINESS
- Payment of Fees
50% advance to confirm the show. Balance 50% to be transferred in our account minimum 3 days before the show. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges. The booking fee for the artist is to remain confidential between the client and Vivacity Entertainment.
- Non-availability of Artist
Vivacity Entertainment enter into a contract with the Artist in good faith but should the artist be unable to fulfil the engagement for reasons of illness or ‘force majeure’ (such as but without limitation war, or threat of war, riot, national mourning, fire, civil strife, industrial dispute, transport delay or adverse weather conditions or for other reasons beyond our control),
- Accept a replacement artist introduced by us or alternatively
- Ask us to refund all payments you have made to us, we shall have no further liability to you.
- If you wish to cancel your booking you must send us a Notice of Cancellation in writing by email. Any cancellation will take effect on the day we receive your written instruction.
- If you fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by you.
- If you cancel the booking after the Artist has confirmed acceptance of the engagement, you will be liable to pay Vivacity Entertainment a charge to compensate for any losses and expenses incurred as a result of the cancellation. The nearer the cancellation date is to the engagement date, the greater the charge will be. The sums payable are:Time before engagement date Cancellation charge (as a % of total booking fee) More than 30 days 50%, 1- 30 days 100%
All copyright and other intellectual property rights relating to the Artist’s performance and any material used by the Artist during the performance remain vested in the Artist. No electronic or other recordings of the Artist’s performance can be made without our prior consent. Where consent for recording is given copies of such recording must be supplied to Vivacity Entertainment within a reasonable time after the engagement.
- Technical Facilities
Technical facilities (other than those itemised in the particulars of the engagement or in an artists’ rider) must be of a professional standard, including sound, lighting, staging and where appropriate projection equipment and operators. And if the Artist is unable to perform due to your failure to provide the correct and/or appropriate equipment you agree to accept full responsibility for any adverse consequences of any non-performance by the artist.
- The Venue
You will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. You must also provide all technical and stage accessories that may be necessary to enable the Artist to carry out the performance.
- Disturbance during Performance
It is accepted that you the client are responsible for the actions of the audience/delegates. In the event of any disturbance eg (but not limited to) unreasonable background noise, failure of P.A. system, continual abuse under or not under the influence of alcohol the artiste is entitled to decrease their performance time. In this event, the client will remain liable for the full artist’s fee.
- Bookings and Reservations
If you make the relevant and/or necessary booking arrangements for Artists for travel (including baggage and transfers) and accommodation then you will provide us with details of those bookings and/or reservations as soon as they are available.
- Applicable Law / V.A.T.
- This Agreement shall be governed by and construed in accordance with the laws of New Delhi, India and the parties to this Agreement agree to submit to the jurisdiction of the applicable Indian courts.
All sums mentioned in the Booking Agreement and the Terms and Conditions, unless otherwise stated, are exclusive of any Value Added Tax that may be payable.
Clause headings in these Terms and Conditions are inserted for convenience only and shall have no effect on the construction of the booking Agreement.