Big Foot Events Terms & Conditions
Big Foot Events advise of our Terms of Business in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (which are referred to hereinafter as the Regulations) as follows:
Big Foot Events Ltd acts
primarily as an Employment Agency in compliance with the Regulations.
As an Employment Agency
, our position is that we act as Agents for the Artiste/Service Provider and, whilst bookings are arranged by us with you, The Hirer, the agreements then coming into force are between you, the Hirer, and the Artiste/Service Provider.
If we need to act
as an Employment Business at any time in arranging Artistes or provide a particular Service such as Décor, Props or Draping, we will tell you at the time of making the booking and will document that fact in confirmations or contracts issued for such engagement(s). Under those circumstances, your contract is directly with Big Foot Events Ltd.
If your event requires a Site Visit or Presentation
alongside quotes for Event Services and Entertainment, we are happy to provide the first of these free of charge. Any additional services and site visits requiring our time, commitment and expertise will be charged at a rate of £50.00 plus VAT per hour; you will be advised and invoiced for this in advance, and payment must be made before additional services are provided. Big Foot Events will credit your account with these funds should the event go ahead. Alternatively, we may agree to forego these charges should the client / hirer choose to make a monetary commitment by way of an event deposit.
We are obliged to make reasonable enquiries
with you as to any Health & Safety risks or other legal requirements applying to you, the hirer, before supplying an Artiste/Service Provider. Equally, we will advise you of any special requirements of the Artiste/Service Provider we supply and, if applicable, of any risks involved in the presentation of the Artiste/Service Provider.
We confirm that we have/
will have obtained authorisation from the Artiste/Service Provider to act as their Agent for the purpose of seeking, negotiating and securing engagements, as appropriate to their specific talents, within the entertainment industry.
We confirm to you that we have
/will have made all reasonable enquiries with the Artiste/Service Provider regarding their suitability and that we have obtained all relevant and necessary information required, as defined in the Regulations.
Please note, in the case of Prop & Equipment Hire
, all goods remain the property of the Company at all times. The Company reserves the right to substitute hired equipment with equipment of a similar type and value without notice in the event of previous damage or loss of booked equipment. All sizes quoted are approximate. The Company reserves the right to alter any product specifications without prior notice. The Hirer will be liable for the cost of any damages to props or equipment that occurs whilst on hire to them.
If, after having arranged
an Artiste/Service Provider for you, we are made aware that any such Artiste/Service Provider is/are or may be unsuitable for the engagement in question, we are obliged to bring this to your attention and possibly to terminate the engagement.
It may often be the case that
, in seeking always to supply the best entertainment for you, we will sub-contract the services of (a) suitable Artiste/Service Provider from other Employment Agencies or Employment Businesses. When and if we do so, we will ensure that our Terms of Business with such other Employment Agency or Employment Business are in place before making the booking and that they, in turn, have all required permissions and information necessary from the Artiste/Service Provider. We will also document the involvement of such other Employment Agency or Employment Business in contracts/confirmations issued.
All Artiste/Service Provider are advised
to carry Public Liability Insurance (PLI) and, where applicable, to have their equipment PAT certified. You should please stipulate whether Artiste/Service Provider PLI is a necessity for any engagement. We would also similarly expect you to carry appropriate PLI cover & to ensure that all electricity supply points are regularly checked and are safe for use by the Artiste/Service Provider. (If you are hiring a venue, then you should seek such assurances from the venue management).
Booking an Artiste or Service:
Once a booking has been confirmed with the Hirer and Artiste/Service Provider either verbally, via email or in writing, both parties enter into a legally binding contract that reflects the Terms and Conditions as verbally agreed. Non-signature of documentation does not constitute termination of this agreement.
Big Foot Events will then issue a Contract
within 5 working days, which should then be acknowledged, checked and signed within 7 days. Big Foot Events will hold copies of all contracts and acknowledgements.
Where the Artiste/Service Provider requires additional clauses
, this will be added as a ‘rider’ to the contract. We will ensure you are made aware of any additional expenses that may be incurred in any rider conditions prior to confirming a booking.
Payment Terms agreed
at the time of booking will be clearly stated on the Contract or Confirmation.
If a Deposit and Pre-Payment
is agreed for an Artiste/Service Provider, money will be held in a Client Account until successful completion of the booking.
If it is agreed
that you will be paying the Artiste/Service Provider direct on the day of the performance (or as agreed where multiple performances are booked), the person to whom payment should be made will be named on the documentation.
The Hirer must ensure
that the venue where the event, booking or service is taking place is completely safe and is properly licensed to present live entertainment (if applicable). If there are any physical obstacles, load-in issues, parking permits or rules that may affect this booking, service or artiste performance, you must advise Big Foot Events at the time of booking. If the artiste or service is unable to take place due to venue restrictions that have not been disclosed, the Hirer will still be liable for total fees.
An adequate, and preferably lockable, room
should be provided for the Artiste/Service Provider to change and store personal items and equipment.
If either the Hirer or the Artiste/Service Provider has a problem or complaint
, the issue should be raised with Big Foot Events at the time, or as soon as possible afterwards. Problems can usually be resolved via communication. If necessary, please put your complaint in writing within 7 days of the event and Big Foot Events will aim to reach a satisfactory outcome between both parties. If the matter cannot be resolved or a new agreement reached, the Hirer and the Artiste/Service Provider may need to seek legal advice. Big Foot Events act with a duty to care to all parties.
Please note, there is no provision for Cancellation
by either party within the contract excepting Force Majeure, in which case neither party will be liable for any failure to perform or provide a service as a result of fire, flood, earthquake, storm or other natural disaster; war, terrorist activities, death, certified illness (proof required), epidemic, accident, civil commotion, order of Government or Local Authority.
A penalty may be incurred
in the event of you cancelling this booking for a reason other than force majeure if the Artiste/Service Provider is unable to mitigate the damage i.e. find replacement work for the booked date in question.
A guide to cancellation fees that may be incurred is as follows:
In the event of a cancellation
where the Hirer cancels a contract agreement more than 90 days prior to the event date, the Hirer shall forfeit the Deposit paid. If the Hirer cancels the contract agreement at any time between 30 days and 90 days a 50% cancellation fee may apply. If the Hirer cancels the contract agreement at any time between 14 days and 30 days, a 75% cancellation fee may apply. If the Hirer cancels the contract agreement at any time between 14 days and the date of the event / booking date, 100% of the cancellation fee may apply if the artist is unable to mitigate the loss.
Should any changes to the contract arise
on the booking date itself and both parties are in agreement, e.g. later / earlier set times, reduced or extended performance times, then they enter into a new verbal agreement which shall apply. If an additional charge is required by the Artiste/Service Provider and agreed by the Hirer, this should be paid at the time.
The Artiste/Service Provider
must adhere to contract timings and notes given prior to the booking. In particular it is imperative that all personal equipment is set up and in place prior the start of the event. Hirers, venue managers and event organisers attempt to keep everyone happy with timings etc, and inevitably some changes are unavoidable. Co-operation on these occasions will be greatly appreciated.
The Artiste/Service Provider will perform ‘as known’
and any changes must be advised and discussed with Big Foot Events prior to the performance. Where a ‘deputy’ is required, the ‘dep’ must be of the same standard and calibre as the original Artiste/Service Provider. Big Foot Events will discuss and agree any ‘dep’ replacements with the Hirer prior to the booking.
The Artiste/Service Provider undertakes
that his or her performance / service shall not be dangerous to themselves, the Hirer or the employees at the venue. It is agreed and understood by the Artiste/Service Provider that they shall insure for both personal and public liability insurance.
Artiste/Service Provider must behave
professionally and politely at every venue you perform in; our clients are used to a high level of professionalism and we expect all acts to uphold this when working on an engagement. Excessive drinking, use of drugs, using bad language and scruffy appearance are NOT acceptable. Please use designated smoking areas where applicable.
For a period of 12 months from the date of the event
the Hirer must negotiate any additional bookings for the Artiste or Service Provider via Big Foot Events.
Artiste/Service Provider must be aware
that commissions are payable on any renewals or extensions to any contract secured by Big Foot Events and any rebookings made within a 12 month period.
In the event of an emergency
of any kind, in the first instance please call Big Foot Events on 01253 351100 during office hours, or 07921 266119 outside of office hours. An emergency contact number is always left on our answer-phone.
If there is anything above that you do not fully understand
, feel unable to comply with, or are unhappy about for any reason, please contact us prior to booking any act or service.