Employment Business and Employment Agency
Happening Entertainment may act as an Employment Business or as an Employment Agency, at its sole discretion. The way in which Happening Entertainment is acting for each booking will be clearly stated in the documentation issued.
When acting as an Employment Agency or an Employment Business:
1. Booking an Act
1.1 Happening Entertainment will send a contract to the Hirer once the booking has
been verbally confirmed. The contract must be signed by the Hirer and returned to
Happening Entertainment, with any required payments, within 7 days.
1.2 No booking can be considered confirmed until a signed contract and any necessary deposits are received from the Hirer.
1.3 If the Hirer's contract and deposit are not received within 7 days, Happening Entertainment reserves the right to book the Act to another client.
1.4 Neither the Hirer nor the Act shall be entitled to change the terms of the Contract, unless otherwise agreed in advance and in writing by Happening Entertainment.
1.5 It is the Hirer's responsibility to provide a suitable performance area for the Act.
1.6 It is the Hirer’s responsibility to ensure there is a safe and adequate power supply meeting or exceeding British Standards where electrical equipment is to be used as part of a performance.
1.7 Where the Act is expected to wear stage clothing, the Hirer must provide adequate private dressing room facilities.
1.8 The Hirer shall provide the Act sufficient access to the Place of Performance for set-up and sound check before the agreed performance time.
1.9 The Hirer agrees to provide sufficient parking at or near the Place of Performance.
2. Performance Time
2.1 The Performance time/times specified in the contract does/do not include breaks.
2.2 If the Act is asked by the Hirer on the day of the Performance, to do extra time,
this, along with any extra fees involved, must be agreed between the Act and the
Hirer. Happening Entertainment must be informed of any extension within 24 hrs
of the performance. Both Hirer and Act must confirm details. The Act has the final
say in this matter and has the right to refuse such a request and still be paid the
full fee as per the contract.
3. Changes to the contract
3.1 Wherever possible the Hirer should try to contact Happening Entertainment to
discuss the changes.
3.2 Any unavoidable changes to the contract schedule on the day of performance must be agreed by all Parties.
3.3 Where an event runs late and the Act is unable to perform at the time/times and for the full time period stated, the full fees will still apply.
3.4 If the event runs late and the Act is requested to finish at a time later than that agreed in the contract, then it is up to the Act to decide whether to accept this request. While most Acts are sympathetic to "reasonable" requests, every Act has the right to refuse to finish later than the contracted time without being held in breach of contract. In such cases the Hirer is required to pay the full fees as agreed whether or not the Act agrees to work beyond the contracted finish time.
3.5 If changes to the contract requested by the Hirer, and which are agreed to by all parties, result in congestion charges and/or parking charges, these charges will be paid by the Hirer.
4.1 If the Hirer cancels the booking, they agree to inform Happening Entertainment
and the Act immediately and confirm the cancellation in writing within 48 hours of first notice of cancellation if not written. Recorded delivery must be used by the Hirer in these circumstances as proof of cancellation date.
4.2 Failure to notify Happening Entertainment of the cancellation of a booking, as described in 4.1, will be treated as a cancellation on the Date of Performance.
4.3 The Hirer also agrees to pay the following cancellation fee:
60 days or more prior to date of performance = 50% of total fee.
30-59 days prior to date of performance = 75% of total fee.
29 days or less prior to the date of performance = 100% of total fee.
4.4 Cancellation fees must be paid within 14 days of the cancellation if not already paid.
4.5 If the Hirer fails to pay the cancellation fee within 14 days of cancellation, a late payment charge of 10% (of full fees) will be added to the outstanding balance. This charge will be added for every 7 days payment is late.
5. Complaints and disputes
5.1 Any dispute arising from agreements made between Hirer and Act, which have not been arranged in writing by Happening Entertainment, must be settled between the Hirer and the Act. Happening Entertainment cannot be held responsible for any such agreements for whatever cause arising.
5.2 Either Party may refuse or terminate the Performance due to violation of any law or regulation by the other Party, or any situation that the Party reasonably believes may be hazardous to any person or property.
5.3 If there is a complaint or a dispute arising from the engagement, it should be submitted in writing to Happening Entertainment within 48 hours of the performance.
5.4 Happening Entertainment will try to resolve any such complaints or disputes to the satisfaction of both parties. If Happening Entertainment is unable to resolve any such dispute, the parties must seek a remedy through the courts.
5.5 Happening Entertainment is not responsible for such disputes as described through whatever cause arising.
6. Business cards, contact numbers, publicity material, and repeat bookings
6.1 The Hirer agrees to contact Happening Entertainment regarding any interest in repeat bookings, or regarding bookings arising from the engagement booked with Happening Entertainment.
6.2 The Act agrees not to hand out any business cards, promotional material, or contact details to Hirers, venues, guests, staff, or contractors at engagements contracted through Happening Entertainment.
6.3 Happening Entertainment will supply company business cards to Acts and any enquiries arising from the engagement must be referred back to Happening Entertainment.
6.4 Acts found to be breaking this rule will be liable for any commission due on jobs arising from the initial engagement. Acts will be removed from Happening Entertainment books and future employers or agencies will be informed of this breech of contract.
7. Conduct of Hirer and guests or audience
7.1 The Hirer shall take reasonable precautions for the safety of the Act and the
Act’s equipment before, during, and after the performance.
7.2 The Hirer agrees to treat the Act politely and in a professional manner.
7.3 The Hirer agrees that they will be responsible for the conduct of their guests
or audience and will take every reasonable precaution to prevent the Act
threatened, verbally abused, or physically abused by guests or the audience.
7.4 The Hirer agrees that if the Act is threatened, verbally abused, or physically abused by anyone present at the event, the Act will be entitled not to perform and without penalty. If this situation should arise, full fees will apply as agreed in the contract.
7.5 The Hirer agrees to pay for the repair or replacement of any of the act’s
equipment if damaged by them, their guests or audience, accidentally or
otherwise. When acting as an Employment Agency or an Employment Business (continued)
8. Conduct of Acts
8.1 The Act will provide a performance as agreed, to the best of their ability.
8.2 The Act will always be smart and tidy in appearance and dress according to the function, unless another form of dress is an integral part of the act or has been agreed with the Hirer.
8.3 The Act will follow the Hirer's wishes as much as is reasonably possible and be polite to their guests and all venue staff.
8.4 The Act will adjust volume levels as much as is reasonably possible to suit the size of the function or at the Hirer's request.
8.5 The Act agrees to provide all equipment required to undertake the performance, unless provision of the equipment has been contractually agreed by the Hirer or a third party.
8.6 The Act is responsible for ensuring any equipment used is in good working condition unless supplied by the Hirer or a third party on behalf of the Hirer.
8.7 If the equipment is supplied by the Hirer, it is the Hirer’s responsibility to ensure it is safe and in good working order.
8.8 The Act is responsible for obtaining all insurances and to ensure their electrical equipment is in good, safe working order. Happening Entertainment strongly advises all Acts to have accidental damage cover and to have their electrical equipment PAT tested.
8.9 The Act is responsible for obtaining Public Liability Insurance for Public Performances, such as that included with membership of The Musician’s Union.
8.10 The Act will be not be intoxicated prior to or during a performance and will not take any illegal drugs at any time at the event.
8.11 The Act will not smoke during performance unless it is an integral part of the act or expressly permitted by Hirer and Venue
9. Leaving Happening Entertainment or band/group breakup
9.1 Should an Act decide to leave Happening Entertainment or break up as an Act, they will be legally obliged to honour and fulfil any outstanding engagements agreed in their contracts and these Terms and Conditions.
10.1 Failure to make a payment to Happening Entertainment on or by the ‘due date’, as stated on the contract, without prior written agreement from Happening Entertainment, will automatically result in a late payment fee of £25 being charged to the Hirer. Payments received within the first 7 days after the ‘due date’ will result in a late payment fee being charged to the Hirer. A subsequent late payment fee of £25 will be charged for every 7 day period thereafter until payment is received, up to a maximum of £100.
10.2 Rejected cheques (sometimes referred to as ‘bounced’ cheques) will result in the Hirer being charged an administration fee of £25. This administration fee is in addition to any late payment fees that may apply. Any additional costs incurred by Happening Entertainment such as bank charges will also be charged to the Hirer.
10.3 Any payments that are still not received 28 days after the ‘due date’ will result in legal action and will be referred to our debt recovery agency. All charges and legal fees incurred will be the responsibility of the Hirer and will be legally enforceable.
When acting as an Employment Business:
4. Cancellation (continued)
4.6 Under certain unlikely circumstances (i.e. Force Majeure, illness, accident etc.) Happening Entertainment may be forced to provide a substitute act of similar type, price and quality without notice or compensation.
4.7 If Happening Entertainment is unable to find a suitable replacement, all monies paid to Happening Entertainment by the Hirer will be repaid within 14 days.
10. Payment (continued)
10.4 Unless otherwise stated in writing, Happening Entertainment will require the Hirer to pay a deposit of 25% of the total fee at the time of booking. The balance will be payable no later than 2 calendar months before the date of the performance.
10.5 If the booking is made less than 2 calendar months before the date of performance, Happening Entertainment will require full payment of all fees with return of contract in order to secure the booking for the Hirer.
10.6 Deposits are non-refundable, except where an engagement is cancelled by Happening Entertainment, in which case all deposits and fees paid by the Hirer will be refunded in full within 14 days of cancellation.
11.1 Happening Entertainment is party to separate contracts with the Hirer and the Act.
11.2 All Acts are contracted by Happening Entertainment on a self employed basis and are responsible for paying Income Tax, Value Added Tax, and National Insurance contributions for themselves.
When acting as an Employment Agency:
4. Cancellation (continued)
4.6 Cancellation of any contract negotiated by Happening Entertainment is not possible unless agreed by both the Hirer and the Act Leader.
4.7 In the unlikely event that an Act booked for an event becomes unavailable, Happening Entertainment will make all reasonable efforts to find a suitable replacement. If no such replacement can be found, the fees paid by the Hirer (excluding the booking fee) shall be refunded within 14 days.
10. Payment (continued)
10.4 Unless otherwise stated in writing, a deposit of 50% of the total fee will be payable to secure the booking. This deposit will include the booking fee charged by Happening Entertainment. The remaining 50% will be payable 2 calendar months before the date of performance.
10.5 These payments will be held in Happening Entertainment’s client holding account
until the successful fulfilment of the contract by the Act, after which the fee payable to the Act will be released to the Act Leader within 10 days.
11.1 Happening Entertainment acts only as negotiator and is not party to the resulting contract. Though every effort has been made to only work with reliable and professional acts, Happening Entertainment cannot accept responsibility for non-fulfillment of such a contract.
11.2 For the provision of this service, Happening Entertainment charges a booking fee to the Hirer. This fee will be 20% of the total fee payable by the Hirer, and is non-refundable.
11.3 Acts are contracted by the Hirer on a self employed basis and are responsible for paying Income Tax, Value Added Tax, and National Insurance contributions for themselves.