Terms & Conditions         

1. Terms and conditions

As required by Department of Employment regulations, the Artist's booking confirmation form, containing the specific terms of the booking, must be signed and returned by the Client. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the Client of these terms and conditions and they shall apply to and govern the booking between the Artist and the Client.   

Any amendment and/or variations made to the booking confirmation form by the Client shall not be valid and binding unless the Artist has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form. 

2. Booking fees

a) Payment

Unless agreed otherwise and included on the booking confirmation form, booking fees must be paid in full in advance of the booking.

b) Employment Hours

A ‘day’ is an 8-hour period including one hour for lunch. Details will be set out in the booking confirmation form. 

c) Overtime

Overtime rates apply at any time in excess of the hourly period agreed. Overtime rates will be charged as follows: 

I) Overtime on Mondays to Saturdays (excluding bank and public holidays) is charged to the Client at one and a half times the standard hourly rate. 

II) A special rate is negotiated for night work between 2400 hours and 0900 hours. 

III) Work on Sundays and bank and public holidays is charged to the Client at double the standard hourly rate.

d) Travel

Travel time spent by the Artist travelling to or from a Client’s venue that exceeds 1 hour will be charged at half the hourly rate. Travel expenses will be agreed between the Artist and the Client prior to the scheduled booking.

e) Additional expenses

All expenses incurred by the Artist on the Clients’ behalf will be charged to the Client and will include a percentage uplift on the total amount of the expenses.

f) Location bookings

When a location booking is made, a Client must provide transport for the Artist both to the booking location and back again unless agreed otherwise. If the Client fails to provide such transport then the Artist shall be entitled to re-charge the cost of the transport procured for the Artist in accordance with section 2e). If the Artist on location is prevented from returning to London to work, half the daily fee will be charged to and payable by the Client.

3. Additional feesTo be agreed at the time of the booking or before any additional usage

a) Usage

Additional fees are payable for the right to use the Artists work (choreography, creative and movement direction) or reproductions, or adaptations of, or drawings derived from the Artists work, or any other representation of it, either complete or in part whether alone or in conjunction with any anticipated purposes other than the initial permitted use, details of which will be set out in the booking confirmation form.  Unless otherwise agreed, the additional fees cover the right to use the Artists work for the permitted use or uses or purposes agreed between the Artist and the Client. Under no circumstances will each additional usage fee be less than the Artists advertising day or hourly rate as determined by the Artist unless determined otherwise by the Artist in its absolute discretion.

b)          Other services

Additional fees are also payable for other services to be supplied by the Artist, for example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis.

4. Invoicing

Whereby an invoices is sent after the Artist has carried out the work for the Client, payment is required to be made by the Client within 14 days of the date of the invoice. In all cases, the person booking the Artist is the Client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Artist reserves the right in its discretion to invoice the 'ultimate Client'.  For example, this may be done if the Client is booking on behalf of the ultimate Client, in which case the Client and the ultimate Client are jointly and severally liable to pay all of the fees and settle the invoice accordingly.  All fees for usage are for the right to use the Artists work and, once agreed, are payable whether or not the right is exercised. Unless the Artist specifically agrees otherwise, in writing, no usage of the Artists work is permitted until payment is made in full. The Artist reserves the right to alter payment terms if it deems appropriate, prior to booking.

If the Client fails to pay in full on the due date any amount which is payable to the Artist, without prejudice to any other right or remedy of the Artist, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.

5. Provisional bookings

Provisional bookings will be automatically cancelled if they are not confirmed by the Client (by signing the booking confirmation form) within 24 hours of the proposed booking.

6.                                              Cancellation

Cancellation of booking by the Client

Within 24 hours of the booking call time the full booking fee will be charged and payable by the Client unless the Artist is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the Client. 

Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then half the booking fee will be charged and payable by the Client. 

The full booking fee will be charged and payable by the Client for bookings of more than three days duration: within a period equal to or less than the length of the booking.

Cancellation of booking by the Artist

Should the Artist want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. 

In any event the Artist shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover to protect against such cancellation and any associated liability.  

7. Weather related cancellations

On the first occasion of cancellation half the booking fee is charged and payable by the Client unless the Client fails to cancel in time to prevent the Artis’s attendance in which case the full booking fee is charged and payable by the Client. On the occasion of the second cancellation and any subsequent cancellations the full booking fee is charged and payable by the Client. 

8. Artist care and safety

The Clients shall ensure that the Artist is treated with respect and professionalism and that the Client takes all steps necessary to ensure that the safety, health and well being of the Artist is protected and maintained at all times whilst providing services to the Client. Such steps shall include without limitation:

  1. ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the Artist to provide the services in compliance with all health and safety standards, regulations, codes and laws;

  2. allowing the Artist to take suitable and regular rest periods, to ensure the Artist is able to maintain suitable amounts of rest and refreshment whilst delivering the services;

  3. providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the Artist whilst the Artist is delivering the services and travelling to and from the Client’s venue as if he/she were an employee of the Client; 

  4. ensuring that all of the people and organisations which are engaged by the Client in relation to the delivery of the services are suitably qualified, experienced and professional;  

  5. ensuring that no one imposes upon the Artist any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Artist; 

  6. ensuring that the services are delivered and the Artist is treated in accordance with the Health and Safety Policy

  7. providing the Artist with an appropriate changing and dressing area to ensure that the Artist can prepare for the provision of the services and also maintains his/her privacy; and

  8. always include a credit as “Artist’s name” @ “the Artist”, wherever a credit is applied.

9. Warranties

  1. The Client warrants and represents to the Artist that:

I) it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;

II) the booking form is executed by a duly authorised representative of the Client; 

  1. it will take all steps necessary to ensure that the Artist is protected and treated in accordance with all applicable laws, good industry practice and section 10 above; 

  2. it has all necessary permits, licences and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments; and

  1. it will promptly disclose to the Artist in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable the Artist to ensure that the Artist is suitably prepared and able to perform the services.

10. Film, TV, Music videos, Promotional films

All fees will be negotiated, structured and paid by the Client for on a case by case basis.  In normal circumstances there will be a fee for the shoot. If not booking direct, the Client will be invoiced by the Artist as the ultimate Client (see section 5). 

11.       Liability and insurance

a) No party excludes or limits its liability under these terms and conditions for:

I) death or personal injury caused by its negligence;

  1. fraudulent misrepresentation; or

  1. any other type of liability which cannot by law be excluded or limited.

  1. Subject to section 17a, the Artist limits its liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the Artist for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Artist;

  2. The Artist shall not be liable for:

I)   loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;

  1. product recall costs;

  2. failure by the Artist to attend a booking for whatever reason;

  3. damage to the Client’s reputation; or

  4. consequential, special or indirect loss or damage, even if the Artist has been advised of the possibility of such loss or damage

d)     The Client shall effect and maintain (and shall require its ultimate Client, if any, to maintain) throughout the continuance of this terms and conditions insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the Client that may arise under these terms and conditions. Such insurance policies shall include without limitation: 

I) cancellation insurance to protect against the potential liabilities which the Artist and the Client may incur as a consequence of the provisions of sections 8 and 9; 

  1. insurance to protect the Artist and the Artist should any damage, injury or loss be caused whilst the Artist is providing services to the Client; and

  2. travel insurance , if organised or provided for by the Client, to cover the activities of the Artists whilst travelling to and from the location of the services.      

12.        Complaints and disclaimer

Any cause for complaint must be reported to the Artist by the Client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the Artist will use reasonable endeavours to ensure that the Artist provide a satisfactory and efficient service to Clients, as the agent, the Artist cannot be held responsible for a Artist's conduct or behaviour whilst delivering the services and in this regard the Artist shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any Artist. 

13. Force Majeure

The Artist's shall not be liable to the Client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Artist including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an "Event of Force Majeure") and the Artist's obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.  

14. Interpretation of terms and conditions 

a) For the purpose of the relationship between the Client and the Artist the Client acknowledges, accepts and agrees that the Artist is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the supply of services (including services ancillary thereto) by the Artist and supersede any other terms of the Client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the Client whether in the booking confirmation form or in any negotiations and any course of dealing established between the Artist and the Client.  The Client acknowledges that there are no representations, statements or promises made or given by or on behalf of the Artist outside these terms and conditions which have induced the Client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).

  1. If there is any conflict between any of these terms and conditions and the booking confirmation form then the terms of these terms and conditions shall prevail without detriment to the remaining unaffected terms of the booking confirmation form. 

  2. The booking confirmation forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the booking confirmation form.

  3. For the purpose of these terms and conditions the words "agreed", subject to section 1, means agreed in writing in the booking confirmation form and signed by duly authorised representatives of both the Artist and the Client. 

15. General

  1. If any of the terms, conditions or provisions of these terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

b)       Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.

c)   Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the Client and the ultimate Client under these terms and conditions are assumed by them jointly and severally.

d)       Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other's credit.

e)     No failure to exercise and no delay in exercising on the part of either party of any right, power or privilege under these terms and conditions shall operate as a waiver of it.  Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.

f)     Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.

g)       The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances;

(i) to enable enforcement of the party’s rights under these terms and conditions; 

(ii) with the prior written consent of the other party; and

(iii) as required by any applicable law. 

h)   These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.

i)     No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorised representative of each party.

j)   Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The Client acknowledges, accepts and agrees that the Artist has entered into these terms and conditions for the benefit of itself and the Artist and accordingly the Artist shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.

k)     The parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

16. Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).