Terms & Conditions
Definitions
“the contract” – the booking confirmation and these terms and conditions
“the client” – the client named in the contract
“the venue” – the performance venue named in the contract
“the artist(s)” – the performers working on behalf of Helter Skelter
“the engagement” – the performance engagement as detailed
1. Authorisation
1.1 All bookings take effect immediately upon acceptance of the booking by both the client and Helter Skelter, whether verbally, electronically or in writing.
1.2 The fact that the contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2. Changes to contract pre-event
2.1 The agreed total fee may be subject to change if any details of the contract are altered (by written agreement between Helter Skelter, the client and the artist(s)).
2.2 All changes to the contract will be arranged and agreed by Helter Skelter, the client and artist(s), with revised contracts being reissued where required, or changes written, confirmed and agreed in writing.
3. Extended/Delayed performances and late finish fee
3.1 The artist(s) has the right to refuse to finish later than the contracted finish time without penalty. The artist(s) has the right to refuse to extend their performance times without penalty. Our artists will be reasonably flexible with times up to 45 minutes, unless otherwise agreed.
3.2 Helter Skelter is happy for the client to discuss directly with the artist(s) on the day to negotiate any extra fee for additional sets or if requested to stay on later, if the artists(s) is happy to do so. We would ask to be made aware of this as soon as possible, as well as how and when this additional payment will be made.
3.3 During the booking if the client cancels any or all performance slots due to late finish, or any other reason, the client is still expected to pay the full amount and no refund will be given. This only applies if the artists(s) is present, willing and ready to perform.
4. Payment Terms
4.1 The Client is responsible for paying HSA according to the amounts in the submitted invoice. Unless otherwise agreed, full payment will be required on or before the date of the engagement by cash, cheque or bank transfer. Late payments may accrue interest at a maximum rate of 8% per day overdue.
5. Cancellation
5.1 If the engagement is cancelled by the client for whatever reason, including weather, and the artist(s) is available to perform and/or can offer a substitute performance that is rejected by the client, the client agrees to compensate Helter Skelter at the following rates: 30 calendar days or more before the event = 50% of the “Total Fee for Service”. Fewer than 30 calendar days before the event = 100% of the “Total Fee for Service”.
5.2 Every effort will be taken by the artist(s) to attend and provide the services as detailed above. The artist(s) is entitled to cease the performance activity at any time if they deem the performance area to be unsafe – This includes adverse weather if the performance takes place outside. The final decision will be made on the day, at the venue, by the artist(s). If weather conditions or other unforeseen circumstances make it unsafe, the artist(s) will discuss alternative performance options with the client and provide what entertainment/alternative they can. Wet weather options are always planned for.
5.3 In the event of illness or injury Helter Skelter will attempt to find a substitute performer who can provide a similar service with the agreement of the booker. If this is impossible, the performance will be cancelled and a full refund will be given.
5.4 In the event of late arrival by the artist(s) they will provide additional sets or provide extra time to make up the contracted performance time, where possible. If this is not satisfactory to the client, they should discuss this with Helter Skelter. In the event that no artist(s) arrive contact Helter Skelter immediately.
6. Force Majeure
6.1 For any engagement affected by Force Majeure, Helter Skelter will not be required to pay any outstanding fee to the artist(s), and the client will not be expected to pay any money to Helter Skelter. We define Force Mejeure as events affected by national mourning, war, fire, acts of terrorism, strikes, riots, explosions, earthquakes, lightening, typhoons, hurricanes, extreme flooding, or the by order of the licensing or any public authority having jurisdiction. Inclement weather is not included.
6.2. Helter Skelter retain the right to waive a fee or re-agree a fee between the client and artist(s) if cancellation is made by either the client or artist(s) due to inclement weather.
7. Client Responsibilities
7.1 For a period of 18 months from the date of the event the client must negotiate any additional bookings of the attending performing artist(s )with Helter Skelter.
7.2 The Client agrees to provide basic refreshments (water, soft drinks etc). An appropriately sized changing room for the artist(s) close to the performance area will be provided on the date of engagement – this is an essential requirement and must be suitable for changing, taking breaks, and securely storing belongings whilst performing. If a suitable changing space is not provided, this may result in a delay to the scheduled performance time. Unless otherwise agreed between the client and Helter Skelter at the time of booking/before the event, failure to provide refreshments and a changing space may incur an additional charge payable by the client, should the artist(s) need to source their own.
8. General
8.1 If any term of this contract is held by any competent authority to be invalid or unenforceable, the remainder of its terms shall still remain in force.
8.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.
8.3 Public liability insurance is the sole responsibility of the artist(s). Helter Skelter can accept no responsibility for injuries to the artist(s), however caused.