An agreement for the services outlined on the submitted booking form between the undersigned purchaser of services (herein called “Client”) and the booking Agency, Love Candy Floss (herein called “Agent”) is made upon completion of the online booking contract.
Upon receipt of this online form your contract is formed and The Client agrees to the following Terms and Conditions.
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO CLAUSES 5.1 – 5.7.
CLIENT’S ELECTRONIC SIGNATURE RECEIVED WITH BOOKING CONTRACT, THE AGENT AUTOMATICALLY ACCEPTS THESE TERMS BY SENDING A CONFIRMATION AND INVOICE TO THE CLIENT.
Important note
Whilst these terms are reviewed periodically, they are our only official hire terms and therefore supersede any previous versions for all future events. Our terms are no longer sent separately via email except upon request. A confirmation of your event details will be emailed following your booking form being received. These terms also override any previous agreements and supersede any prior available information, terms, competitions, promotions or other content available via the internet or previously received by the customer from Love Candy Floss. In the event of any claims or complaints, this webpage will be the overriding factor and no historic indemnity claims based on previously available documentation will be considered acceptable
Terms and Conditions of Booking
Any booking whether confirmed verbally, electronically or in writing will be subject to a contract carrying the following terms and conditions.
Love Candy Floss whose registered office is at 7 Wingfield Close, Maulden, Bedfordshire, MK45 2FW ("Agent") has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these terms, please call your representative at the Agent for clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agent will issue these terms and conditions and the Entertainment Booking Confirmation (together the "Contract") to the Client (as identified in the Entertainment Booking Form). A copy of this Contract will also be forwarded to the supplier, contractor or performer referred to as (“Artist”) (providing services as identified in the Entertainment Booking Form).
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1. Introduction
1.1 This booking contract is negotiated by the Agent and is made between the Client and the Artist. In this respect, the Agent is acting as an employment agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing ("Confirmation").
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date, and for a further period of eighteen months.
3. Changes to contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
3.2 All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist's reasonable travel time and cost). The Agent shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance ("Fee"), VAT, fees payable for travel, travel expenses and other expenses.
4.2 The agreed Deposit or fee is due strictly within 10 working days of invoice. Deposits can be paid by cheque, debit/credit card or BACS transfer (details for payment are set out in the Entertainment Booking Form or invoice). The Deposit is non-refundable.
4.3 Unless otherwise agreed by the Artist and the Agent in writing on the Entertainment Booking Form, the Balance is payable before the day of the event.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT'S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
5.1 The Client shall have the right to terminate this Contract but will forfeit any deposits paid and be liable for 100% of the balance. Any discount in fees are at the agents sole discretion.
5.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
5.3 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with the Agent or another agency that the Artist uses.
5.4 If the Client does not cancel a Contract in accordance with clause 5.1 the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit, calculated as follows:
5.4.1 CANCELLATION FEES
The client remains liable for 100% of the booking fee regardless of the reason for cancellation.
In some cases where reasonable notice is given the agent will waiver some costs depending on our suppliers cancellation policies this will be dealt with on a case by case basis. Any costs waivered are at the agents discretion.
In every case you are liable for 100% of the booking fee for any event cancelled less than 30 days before the booking start date.
5.4.2 Where the Artist has secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.
5.5 All cancellation fees shall be paid to the Agent within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
5.6 Any payment outstanding from the Client will be referred to the Agent's debt recovery company and will be subject to a surcharge of 15% plus VAT to cover administration fees and costs incurred. Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
5.7 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
5.8 Government Restrictions, should government legislation prevent the artist from being legally able to perform their service a rescheduled date will be offered to be mutually agreed between Agent and Client. There will not be a fee to reschedule to a new date however any perishable stock purchased and other costs incurred will be charged to the client.
6. Cancellation by the Artist
6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agent agrees to refund the Client the Deposit plus any other fees already paid in advance. For the sake of clarity, Love Candy Floss' liability ends at the total booking fee agreed upon booking and is not responsible for losses or compensation due to artist cancellation.
6.3 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a Contract for any reason other than a Force Majeure Event the Artist shall pay within 5 working days to the Agent an administration fee equal to the commission due on the Contract . The Artist shall be liable to pay to the Client the difference between the original Total Cost under this contract and the new fees charged by any replacement artist arranged for the Client by the Agent up to a maximum higher price difference of 20% of the Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
6.4 No refund shall be given to the Client against the Deposit already paid, and no administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be due their usual fee. The Agent shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.
6.6 Any payment outstanding from the Artist will be referred to the Agent's recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artist.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
8.2 The Artist reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
8.3 Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Agent's recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
9. Complaints
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no more than 30 days after the Event Date. Full payment must still be made to the Artist as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Artist within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist, the Agent will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, the Agent will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agent will act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the Agent cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, but not confirmed by the Agent in writing, shall be dealt with between the Client and the Artist directly. The Agent shall not mediate over these changes.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agent. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to the Agent's standard rate of commission. The Artist must disclose to the Agent additional monies collected within 7 days of the Event Date and account for commission due within 7 days.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.
11.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall become due as a late finish fee.
11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Artist in cash or by cheque on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
THE ARTISTS ATTENTION IS DRAWN SPECIFICALLY TO CLAUSES 13.1 - 13.3
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for the period covering the issue date of this Contract until 18 months after the Event Date on this contract.
13.2 The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the Agent to the Client, their guests, staff, venue or contractors.
13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Artist shall notify the Agent immediately and account to the Agent an amount equivalent to the Deposit that would have been payable had the booking been made with the Agent.
14. Expenses
14.1 If this Contract includes a schedule containing the Artist's requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
14.2 If the Client has agreed to cover additional expenses incurred by the Artist (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client within 60 days after the Event Date.
14.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
15.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
15.3 The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.
16. Artist equipment
It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist. Damage or loss of any equipment at a Client’s event howsoever caused will be the clients responsibility. Reasonable replacement / repair fees will be invoiced following the event.
17. Use of alternative/deputy performers
17.1 This clause covers any person or persons who stand in for one or more of the Artist's standard group of performers should they be unable.
17.2 The Artist will perform using their standard group of performers as advertised to the Agent and the Client unless otherwise agreed by the Agent and the Client in advance, or it is necessary due to a Force Majeure Event. The Artist agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Artist's repertoire, and represent the Artist to the same high standard that is known by the Agent and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
17.5 If the Client is not happy with the deputy performer it has the right to cancel the booking without penalty and the Artist shall be considered as having cancelled the Contract and clause 6 shall apply.
17.6 There will be no reduction in the Artist's fee if a deputy performer is used.
17.7 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, vehicle breakdown, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
19. Rights of Third Parties
19.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.
19.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
20. General
20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.
20.2 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.
APPENDIX - ARTIST SERVICE GUARANTEE
The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artist's show, as known to the Agent and as advertised to the Client via distribution of the Artist's demo CD's, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Artist agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist's responsibility to ensure the good working order and safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The Agent, or the Client.
The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information. The Artist must refer all prospective clients resulting from this booking to the Agent.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by the Agent and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
Privacy Policy - GDPR - Cookies
Our Website uses cookies to track user data, this is used for our analysis of our site data, to improve our websites performance and bring content to the right audiences.
When you contact us we will reply with relevant information via the details you have given us. We do not pass on information to third parties although staff etc attending your event will of course be passed your details in order for them to contact you on the day of the event or before if needed.
All payments are processed through our merchant services providers secure servers.
All of our staff abide by the GDPR policy outlined below.
(A) The Controller determines the purposes and means of processing Personal Data in connection with its business activities;
(B) The Processor processes Personal Data on behalf of the Controller;
(C) The Controller wishes to engage the services of the Processor to process personal data on its behalf;
(D) Article 28 (1) of the Data Protection Regulation 2016/679 (as hereinafter defined and referred to as the Regulation) provides that, where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the Regulation and ensure the protection of the rights of the data subject;
(E) Articles 28 (2) of the Regulation provides that, the Processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes;
(F) Article 29 of the Regulation provides that, the Processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by Union or Member State law;
(G) In compliance with the above-mentioned provisions of Article 28 and 29 of the Regulation the Controller and Processor wish to enter into this processing agreement.
The parties hereby mutually agree the following:
1. Definitions and Interpretation
1.1 In this agreement the following words and phrases shall have the following meanings, unless inconsistent with the context or as otherwise specified:
“Appendix 1” means the appendix to this agreement and which forms part of this agreement;
“Data Protection Regulation or General Data Protection Regulation (GDPR)” hereafter referred to as the Regulation, means REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
“Controller, data controller, processor, data processor, data subject, personal data, special categories of personal data, personal data breach, supervisory authority, processing and appropriate technical and organisational measures”: as set out in the Data Protection Legislation in force at the time;
“Confidential Information” means all information disclosed by a party to the other party pursuant to this agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential, including (but not limited to), information on products, customer lists, price lists and financial information;
“Data Protection Legislation”: means the Data Protection Act 2018, which incorporates the General Data Protection Regulation ((EU) 2016/679) (GDPR); “Services” means Event Booking Services. The Services is described more in detail in Appendix 1;
“Sub-contract” and “sub-contracting” shall mean the process by which either party arranges for a third party to carry out its obligations under this agreement;
“Sub-processor” means the party to whom the obligations are sub-contracted.
2. Consideration
2.1 In consideration of the Controller engaging the services of the Processor to process personal data on its behalf, the Processor shall comply with the security, confidentiality and other obligations imposed on it under this agreement and any applicable Data Protection Legislation.
3. Processing Details
3.1 The Controller hereby confirms the processing details:
Subject matter of the processing Personal Details
The duration of the processing undetermined
The nature of the processing Emails, payments, address
The type of personal data being handled Names, addresses, Emails, Card Details
The purpose of the processing Activities related to booking events.
The categories of data subjects to whom the personal data relates Clients and suppliers
The obligations and rights of the data controller Ensure Data held within the company is not shared with third parties or used for any other purpose.
3.2 Without prejudice to the generality of clause 5.2, the Controller will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Processor for the duration and purposes of this agreement.
4. A) Obligations of the Processor
The Processor agrees to:
4.1 Process the personal data only on documented instructions from the Controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the Processor is subject; in such a case, the processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
4.2 Take into account the nature of the processing, and to assist the Controller through appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the Regulation. In addition the Processor shall:
4.2.1 Promptly notify the Controller if it receives a request from a Data Subject under any Data Protection Legislation in respect of Controller Personal Data; and
4.2.2 Ensure that the Processor does not respond to that request except on the documented instructions of Controller or as required by Data Protection Legislation to which the Processor is subject, in which case the Processor shall, to the extent permitted by Data Protection Legislation, inform the Controller of that legal requirement before the Processor responds to the request.
4.3 Take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, and the Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
4.4 Take account in assessing the appropriate level of security the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
4.5 Have in place appropriate technical and organisational security measures, reviewed and approved by the Controller, to protect the personal data provided or made available by the Controller to the Processor in the context of this agreement, as required under the Data Protection Legislation. Further details, including the minimum standard of security protection, are set out in Appendix 1 of this agreement.
4.6 For the avoidance of doubt, nothing within this agreement relieves the Processor of its own direct responsibilities and liabilities under the GDPR.
4. B) Additional Obligations of the Processor
The Processor further agrees, by taking into account the nature of processing and the information available to the Processor, to:
4.7 Assist the Controller in meeting its Article 32 obligation to keep personal data secure;
4.8 Assist the Controller in meeting its Article 33 obligation to notify personal data breaches to the supervisory authority, this includes:
4.8.1 Notifying the Controller without undue delay upon the Processor or any Sub-processor becoming aware of a Personal Data Breach affecting Controller Personal Data.
4.8.2 Such notification shall as a minimum:
a) Describe the nature of the Personal Data Breach, the categories and numbers of Data Subjects concerned, and the categories and numbers of Personal Data records concerned;
b) Communicate the name and contact details of Processor’s data protection officer or other relevant contact from whom more information may be obtained;
c) Describe the likely consequences of the Personal Data Breach; and
d) Describe the measures taken or proposed to be taken to address the Personal Data Breach.
4.8.3 In addition, to co-operate with the Controller and to take such reasonable commercial steps as are directed by the Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
4.9 Assist the Controller in meeting its Article 34 obligation to advise data subjects when there has been a personal data breach;
4.10 Assist the Controller in meeting its Article 35 obligation to carry out data protection impact assessments (DPIAs); and
4.11 Assist the Controller in meeting its Article 36 obligation to consult with the supervisory authority where a DPIA indicates there is an unmitigated high risk to the processing.
5. Other Obligations for Both Parties
5.1 The Controller and Processor shall take steps to ensure that any natural person acting under the authority of the Controller or the processor who has access to personal data does not process them except on instructions from the Controller, unless he or she is required to do so by Union or Member State law.
5.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 5.2 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
6. Confidentiality
6.1 The Processor shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
6.2 In particular, the Processor agrees that, save with the prior written authorisation of the Controller, it shall not disclose any personal data supplied to the Processor by, for, or on behalf of, the Controller to any third party.
6.3 The Processor shall not make any use of any personal data supplied to it by the Controller otherwise than in connection with the provision of services to the Controller and as agreed in this agreement.
6.4 The obligations in clauses 6.1, 6.2 and 6.3 above shall continue for a period of FIVE years after the cessation of the provision of services by the Processor to the Controller.
6.5 Nothing in this agreement shall prevent either party from complying with any legal obligation imposed by a regulator or court. Both parties shall however, where possible, discuss together the appropriate response to any request from a regulator or court for disclosure of information.
7. Engaging another processor
7.1 The Processor shall not engage another processor without the prior specific or general written authorisation of the Controller.
7.2 In the case of general written authorisation, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such change and to terminate the agreement as a result of this change.
7.3 Where the Processor, with the authorisation of the Controller, engages another processor for carrying out its obligations under this agreement or other legal act, it shall do so only by way of a written agreement with the Sub-processor which imposes at least the same level of protection for the Controller as set out in this agreement or other legal act, including but not limited to providing sufficient guarantees in relation to the security of the processing on the Sub-processor as are imposed on the Processor under this agreement.
7.4 The Processor agrees to provide to the Controller for review such copies of the written agreement between the Processor and the Sub-processor (which may be redacted to remove confidential commercial information not relevant to the requirements of this agreement) as the Controller may request from time to time.
7.5 For the avoidance of doubt, where the Sub-processor fails to fulfil its data protection obligations, the Processor shall remain fully liable to the Controller for the fulfilment of that other processor’s obligations.
8. Price and payment
8.1 The Controller shall pay the Processor for the Services the amounts described in Appendix 1.
8.2 Any amount mentioned in this agreement shall be VAT exclusive.
8.3 Invoices shall be paid within a period of thirty [30] days following receipt thereof.
9. Audits and Inspections
The Processor agrees to:
9.1 Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this agreement and Article 28 of the Regulation;
9.2 Allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
9.3 The Processor shall immediately inform the Controller if, in its opinion, an instruction pursuant to this section 9 infringes the Regulation or other Union or Member State data protection legislation.
10. Term and Termination
10.1 This agreement shall continue in full force and effect for the length of your employment at LCF Events Limited.
10.2 Either Party shall have the right to terminate the Agreement, partially or entirely, forthwith by sending a written notice of termination to the other Party specifying the reasons for the termination, if any of the following events occur:
10.2.1 The other party materially breaches any of its obligations under this agreement;
10.2.2 The other party breaches any of its obligations under this agreement and, notwithstanding a written request from the non-breaching party to remedy such a breach, fails to comply with such a request within a period of thirty [30] days following such notice;
10.2.3 An event of force majeure prevails for a period exceeding three (3) months; or
10.2.4 The other party becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed.
10.3 Upon the termination or expiry of this agreement, any rights and obligations of the parties, accrued prior to the termination or expiry thereof shall continue to exist.
10.4 Within [INSERT] days following termination of this agreement the Processor shall, at the direction of the Controller, either (a) return all personal data passed to the Processor by the Controller for processing, or (b) on receipt of instructions from the Controller, destroy all such data unless the Processor is prohibited from doing so by any applicable law.
10.5 The Processor may retain Controller Personal Data to the extent required by Data Protection Legislation and only to the extent and for such period as required by Data Protection Legislation and always provided that the Processor and any sub-processor shall ensure the confidentiality of all such Controller Personal Data and shall ensure that such Controller Personal Data is only processed as necessary for the purpose(s) specified in the Data Protection Legislation requiring its storage and for no other purpose.
10.6 The Processor shall provide written certification to Controller that it and any sub-processor has fully complied with this section 10 within 30 days of the termination date.
11. Intellectual Property Rights
11.1 The Processor is and shall remain the owner of any materials used or made available in the context of the delivery of the services.
11.2 The Processor grants to the Controller a limited, personal, non-exclusive, non-transferable right to use any material provided in the context of the delivery of the services. This license is valid for the duration of the agreement.
11.3 The Controller is and shall remain the owner of any personal data supplied or made available to the Processor in the context of this agreement.
11.4 The Controller grants to the Processor a limited, personal, non-exclusive, non-transferable right to use any personal data provided only in the context of the delivery of the services. This license is valid for the duration of the agreement.
12. Governing Law
12.1 This agreement shall be governed by and construed exclusively in accordance with the national law of the Member state in which the Controller is established.
13. Entire agreement
13.1 This agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the parties.
13.2 Any amendments to this agreement, as well as any additions or deletions, must be agreed in writing by both the parties.
13.3 Whenever possible, the provisions of this agreement shall be interpreted in such a manner as to be valid and enforceable under the applicable law stated as per clause 12 above.
14. Severance
14.1 Should any provision of this agreement be invalid or unenforceable, then the remainder of this agreement shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
AS WITNESS this agreement has been signed on behalf of each of the parties by its duly authorised representative on the day and year first above written.
An agreement for the services outlined on the submitted booking form between the undersigned purchaser of services (herein called “Client”) and the booking Agency, Love Candy Floss (herein called “Agent”) is made upon completion of the online booking contract.
Upon receipt of this online form your contract is formed and The Client agrees to the following Terms and Conditions.
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO CLAUSES 5.1 – 5.7.
CLIENT’S ELECTRONIC SIGNATURE RECEIVED WITH BOOKING CONTRACT, THE AGENT AUTOMATICALLY ACCEPTS THESE TERMS BY SENDING A CONFIRMATION AND INVOICE TO THE CLIENT.
Important note
Whilst these terms are reviewed periodically, they are our only official hire terms and therefore supersede any previous versions for all future events. Our terms are no longer sent separately via email except upon request. A confirmation of your event details will be emailed following your booking form being received. These terms also override any previous agreements and supersede any prior available information, terms, competitions, promotions or other content available via the internet or previously received by the customer from Love Candy Floss. In the event of any claims or complaints, this webpage will be the overriding factor and no historic indemnity claims based on previously available documentation will be considered acceptable
Terms and Conditions of Booking
Any booking whether confirmed verbally, electronically or in writing will be subject to a contract carrying the following terms and conditions.
Love Candy Floss whose registered office is at 7 Wingfield Close, Maulden, Bedfordshire, MK45 2FW ("Agent") has prepared these terms and conditions, for the benefit of the parties. If you do not understand any part of these terms, please call your representative at the Agent for clarification or seek legal advice before agreeing to them.
Upon confirmation of a booking (in accordance with clause 2.1 below), the Agent will issue these terms and conditions and the Entertainment Booking Confirmation (together the "Contract") to the Client (as identified in the Entertainment Booking Form). A copy of this Contract will also be forwarded to the supplier, contractor or performer referred to as (“Artist”) (providing services as identified in the Entertainment Booking Form).
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1. Introduction
1.1 This booking contract is negotiated by the Agent and is made between the Client and the Artist. In this respect, the Agent is acting as an employment agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing ("Confirmation").
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Agent and negotiator between both parties for the period up to and including the Event Date, and for a further period of eighteen months.
3. Changes to contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
3.2 All changes to the Contract must be arranged and agreed by the Agent in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist's reasonable travel time and cost). The Agent shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance ("Fee"), VAT, fees payable for travel, travel expenses and other expenses.
4.2 The agreed Deposit or fee is due strictly within 10 working days of invoice. Deposits can be paid by cheque, debit/credit card or BACS transfer (details for payment are set out in the Entertainment Booking Form or invoice). The Deposit is non-refundable.
4.3 Unless otherwise agreed by the Artist and the Agent in writing on the Entertainment Booking Form, the Balance is payable before the day of the event.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT'S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
5.1 The Client shall have the right to terminate this Contract but will forfeit any deposits paid and be liable for 100% of the balance. Any discount in fees are at the agents sole discretion.
5.2 The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.
5.3 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with the Agent or another agency that the Artist uses.
5.4 If the Client does not cancel a Contract in accordance with clause 5.1 the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit, calculated as follows:
5.4.1 CANCELLATION FEES
In every case a £75.00 cancellation fee will be charged
The client remains liable for 100% of the booking fee regardless of the reason for cancellation.
In some cases where reasonable notice is given we will be waiver some costs depending on our suppliers cancellation policies this will be dealt with on a case by case basis.
In every case you are liable for 100% of the booking fee for any event cancelled less than 30 days before the booking start date.
5.4.2 Where the Artist has secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.
5.5 All cancellation fees shall be paid to the Agent within 14 days of the Event Date who shall forward the same on to the Artist within 7 days of receipt of clear funds.
5.6 Any payment outstanding from the Client will be referred to the Agent's debt recovery company and will be subject to a surcharge of 15% plus VAT to cover administration fees and costs incurred. Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
5.7 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Artist
6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the Artist and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Agent agrees to refund the Client the Deposit plus any other fees already paid in advance. For the sake of clarity, Love Candy Floss' liability ends at the total booking fee paid minus any costs of replacement services.
6.3 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a Contract for any reason other than a Force Majeure Event the Artist shall pay within 5 working days to the Agent an administration fee equal to the commission due on the Contract . The Artist shall be liable to pay to the Client the difference between the original Total Cost under this contract and the new fees charged by any replacement artist arranged for the Client by the Agent up to a maximum higher price difference of 20% of the Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
6.4 No refund shall be given to the Client against the Deposit already paid, and no administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be due their usual fee. The Agent shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.
6.6 Any payment outstanding from the Artist will be referred to the Agent's recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artist.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
8.2 The Artist reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
8.3 Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Agent's recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
9. Complaints
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no more than 30 days after the Event Date. Full payment must still be made to the Artist as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Artist within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Whilst the Agent cannot be held responsible for the actions or failures of either the Client or Artist, the Agent will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, the Agent will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Agent will act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the Agent cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, but not confirmed by the Agent in writing, shall be dealt with between the Client and the Artist directly. The Agent shall not mediate over these changes.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agent. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to the Agent's standard rate of commission. The Artist must disclose to the Agent additional monies collected within 7 days of the Event Date and account for commission due within 7 days.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.
11.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall become due as a late finish fee.
11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Artist in cash or by cheque on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Artist
THE ARTISTS ATTENTION IS DRAWN SPECIFICALLY TO CLAUSES 13.1 - 13.3
13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for the period covering the issue date of this Contract until 18 months after the Event Date on this contract.
13.2 The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the Agent to the Client, their guests, staff, venue or contractors.
13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Artist shall notify the Agent immediately and account to the Agent an amount equivalent to the Deposit that would have been payable had the booking been made with the Agent.
14. Expenses
14.1 If this Contract includes a schedule containing the Artist's requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
14.2 If the Client has agreed to cover additional expenses incurred by the Artist (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client within 60 days after the Event Date.
14.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
15.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
15.3 The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.
16. Artist equipment
It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist. Damage or loss of any equipment at a Client’s event howsoever caused will be the clients responsibility. Reasonable replacement / repair fees will be invoiced following the event.
17. Use of alternative/deputy performers
17.1 This clause covers any person or persons who stand in for one or more of the Artist's standard group of performers should they be unable.
17.2 The Artist will perform using their standard group of performers as advertised to the Agent and the Client unless otherwise agreed by the Agent and the Client in advance, or it is necessary due to a Force Majeure Event. The Artist agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Artist's repertoire, and represent the Artist to the same high standard that is known by the Agent and expected by the Client.
17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
17.5 If the Client is not happy with the deputy performer it has the right to cancel the booking without penalty and the Artist shall be considered as having cancelled the Contract and clause 6 shall apply.
17.6 There will be no reduction in the Artist's fee if a deputy performer is used.
17.7 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
19. Rights of Third Parties
19.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.
19.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.
20. General
20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.
20.2 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.
APPENDIX - ARTIST SERVICE GUARANTEE
The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artist's show, as known to the Agent and as advertised to the Client via distribution of the Artist's demo CD's, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Artist agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist's responsibility to ensure the good working order and safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, The Agent, or the Client.
The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal contact information. The Artist must refer all prospective clients resulting from this booking to the Agent.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist is not employed by the Agent and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.