Terms and Conditions
Any booking whether confirmed verbally, electronically or in writing will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:
Confirming the booking
Confirmation:
- ‘Confirmation’ will mean any verbal, electronic or written acceptance of this booking by BOTH the ‘client’ and Tony Francis.
- All bookings take effect immediately upon ‘confirmation’.
- Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘confirmation’ of the booking, Tony Francis will issue a contract to the ‘client’ which they may keep for their personal records. If the ‘client’ cancels the booking any later than seven days after the confirmation date on the booking form the ‘client’ will lose all of their deposit.
The agreed booking fees may be subject to change (in agreement with both the ‘client’ and the ‘artist’) if any details on the contract are altered. All changes to the contract must be arranged & agreed by Tony Francis in advance of the event.
Payment of fees
The agreed booking deposit is due strictly within 5 working days of booking. Deposit can be paid by cheque/cash/bank transfer or PayPal (details on your contracted booking form & invoice.)
Unless otherwise agreed by Tony Francis in writing on the cover of your contract, the balance is payable to Tony Francis in cash or by cheque on the day of the event.
If any fee which the ‘client’ is due to pay prior to the event has not been received at least 5 working days before the event, Tony Francis has the right to cancel this booking without penalty and the ‘client’ will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see Cancellation by the ‘client.)
Cancellations
Cancellation by the ‘client’
Cancellation by the ‘client’ is not allowed for any reason except circumstances covered by ‘force majeure’ In the event that the ‘client’ cancels the booking; the ‘client’ agrees to inform Tony Francis immediately.
Cancellation by the ‘client’ within 10 days of confirmation date will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.
- Cancellation by the ‘client’ after 10 days of confirmation and up to 28 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ to Tony Francis within 14 days.
- Cancellation by the ‘client’ within 14 days of confirmation and up to 8 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ to Tony Francis within 14 days.
- Cancellation by the ‘client’ within 7 days of the event will result in loss of deposit and 100% of the remaining balance will be payable to Tony Francis within 14 days.
Any payment outstanding from the ‘client’ outside of these terms will be referred to a debt recovery company and will be subject to a surcharge of 15% 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.
It is the ‘clients’ responsibility to ensure their venue can accommodate Tony Francis and non-performance of Tony Francis due to venue restrictions will place the ‘client’ liable for cancellation fees as detailed above.
Cancellation by the ‘artist’
Cancellation by Tony Francis is not allowed for any reason except circumstances covered by ‘force majeure’
In the unlikely event that Tony Francis cancels the booking, Tony Francis agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Tony Francis agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
There will be no refund given to the ‘client’ against the booking deposit already paid, if a replacement artist of similar value can be arranged by Tony Francis and agreed by the ‘client’. However, should a replacement artist charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the ‘client’ and ‘artist’ will be contacted to agree this in advance.
If a replacement artist is required last minute and the ‘client’ is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
Late payment of deposit
Failure by the ‘client’ to pay the booking deposit within the terms specified will result in ‘client’ being in default of contract. The booking will be cancelled and the ‘client’ will be bound by the cancellation clauses in the terms and conditions.
Late payment of the balance
Failure by the ‘client’ to pay Tony Francis within the terms specified will result in a late payment fee (equal to 10% of the total balance due) being added to the outstanding balance. This will be payable by the ‘client’ for every 5 working days the payment is late.
Complaints
If through their own fault Tony Francis 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 Tony Francis no more than 30 days after the event. Full payment must still be made to Tony Francis as agreed in the contract. Withholding payment is illegal. Failure to pay Tony Francis within the terms of this contract will incur charges.
Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with Tony Francis. changes are to be agreed between the ‘client’ and Tony Francis prior to performance.
Any changes will be subject to these terms and conditions.
Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of Tony Francis, Tony Francis 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.
If the event runs late and Tony Francis is asked and agrees to finish later than the finish time in the booking contract, then the following standard ‘late finish’ fees will be charged: 10% of the total balance due per ½ hour over run, payable on the day of the event by the ‘client’ to Tony Francis in cash or by cheque.
Tony Francis has the right to refuse to finish later than the contracted finish time without penalty.
Extended performance fees
If the event schedule is changed on the day and Tony Francis is required and agrees to perform for longer than the ‘Performance times’ agreed in this contract, the following standard ‘Extended performance fees’ will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the ‘client’ to Tony Francis in cash or by cheque on the day of the event.
Tony Francis has the right to refuse to extend their performance times without penalty.
Rider
This contract may be subject to a ‘rider’ containing Tony Francis’s requirements for food, accommodation, dressing rooms, technical specifications etc. The ‘rider’ forms an integral part of this contract and MUST be provided by the ‘client’ at their own expense.
Expenses
If the ‘client’ has agreed on the contract to cover additional expenses incurred by the Tony Francis (such as taxi’s, food, rehearsal time, hotel, flights etc) Tony Francis must provide receipts and an invoice to the ‘client’ within 60 days after the event. The ‘client’ must reimburse all expenses to Tony Francis within 28 days of invoice.
Late payment of expenses will incur a late payment fee equal to 10% of the expenses due, per 5 working days that payment is overdue.
Artist service guarantee
Tony Francis agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of Tony Francis‘s show, as advertised to the ‘client’ via distribution of Tony Francis’s promotional materials, profiles, pictures, videos, web page etc. Tony Francis 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.
Tony Francis 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 Tony Francis’s responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
Tony Francis agrees that their fee is inclusive of all expenses (except those that have been itemized or accounted for separately), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc. and covers any payments whatsoever due to other persons.
Tony Francis will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present.
Tony Francis will not under any circumstances partake of any illegal drug whilst at the event ‘venue’, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
Tony Francis will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
Tony Francis will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, or the ‘client’.
The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
Tony Francis 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.
Tony Francis 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.
Tony Francis 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.
‘Artist’ equipment
It is agreed by the ‘client’ and Tony Francis that the equipment and instruments or props of the ‘artist’ are not available for use by other performers or persons except by specific permission of Tony Francis.
Use of ‘dep’ performers
A ‘dep’ performer will mean a person or persons who stand in for Tony Francis should they be unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their act as known as advertised to Tony Francis and the ‘client’ unless otherwise agreed by Tony Francis and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as Tony Francis who is to be replaced, and that the ‘dep’ will have a good knowledge of Tony Francis’s performance repertoire, and represent Tony Francis to the same high standard that is known by Tony Francis and expected by the ‘client’.
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used, although, if in advance of the event the ‘client’ is in agreement of a ‘dep’ performer If the ‘client’ is not happy with the replacement, they have the right to cancel the booking without penalty.
Force Majeure
In cases of ‘Force Majeure’ (which shall be known 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), which are not attributable to any act or failure to take preventive action by Tony Francis or the ‘client’, then Tony Francis or ‘client’ may cancel this booking without penalty