PERFORMANCE ENTERTAINMENT TERMS & CONDITIONS

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1.  DEFINITIONS

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The Performer is Kiera Twizell known as “Kiki Collective”, “Kiki T”, “Kiki Music Duo”, “Kiki Music Trio” and “Kiki and The Noughtie Boyz” Band. All definitions refer to the content of the ‘Performance Contract’ schedule and the following Terms and Conditions document. The agreement is made on the date shown in ‘Performance Contract’ between the ‘Client/Engager’ of the one part and ‘Kiki’, hereinafter referred to as the ‘Artiste’, of the other part. The Client/Engager engages the Artiste to provide entertainment services as outlined in the Performance Entertainment Contract on the date specified, at the venue specified and at the fee(s) schedule specified. 

 

   2.  GENERAL

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The contents of the entire Terms & Conditions are subject to review and may change without notice. These Terms & Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. The Client/Engager must ensure that they hold adequate insurance policies in respect of any engagement. 

 

   3.  BOOKINGS

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Before attempting to make a booking, please first confirm your event date availability and discuss your specific requirements with the Artiste. 

Once your event entertainment requirements have been verbally agreed, a formal ‘Performance Entertainment Contract’ setting out the details and arrangements of the booking will be sent to you in writing by e-mail. 

 

3.1 Performance Entertainment Contract 

This, the ‘Performance Entertainment Contract’ will outline the verbally agreed booking details and your specific requirements for your event entertainment. 

This document must be read thoroughly, along with these Terms & Conditions, then signed and dated by you (the Client/Engager). The original signed document must then be returned to the Artiste by post to the address specified on the Performance Entertainment Contract document, together with the agreed deposit amount within a maximum of 3 days. It is acceptable to return a scanned copy of the contract back by email or email an electronic signature which states: “I am in agreement with the attached performance entertainment contract arrangements and the Terms & Conditions as part of this Performance Entertainment Contract document, please take this as my authority and electronic signature".

Failure to return the fully completed Performance Entertainment Contract and/or payment of the agreed deposit payment within 3 days may result in the date being lost to another Client/Engager.

3.2 Deposit 

The deposit payment will normally be £400.

Payment of the deposit must be made by electronic bank transfer when returning your completed Performance Contract. 

3.3 Booking Confirmation 

IMPORTANT: Bookings will only be confirmed once the signed and dated performance entertainment contract has been returned by the Client/Engager, as well as cleared funds to the full value of the deposit being received. 

All deposits paid are NON-REFUNDABLE, unless in the highly unlikely events outlined in section 4.2 of this document. 

The Client/Engager and the Artiste agree that their written, verbal or electronic confirmation of the booking will confirm their acceptance of these terms and conditions including any special clauses.  

3.4 Moving Event Date

If for any reason the event date is moved 3 months or more prior to the originally contracted date and the Artiste is available on this revised date, there will be no charge and the Artiste will re-arrange the booking at no extra cost. If the revised date is not available, then this will be considered a cancellation of the contract by the Client/Engager – please refer to section 4.1 of these Terms & Conditions. 

If for any reason the event date is moved 3 months or less prior to the originally contracted date and the Artiste is available on this revised date, there may be an additional charge of £200.00 per musician payable to contribute to the potential loss of earnings relating to the cancelled date and the new date. If the revised date is not available, then this will be considered a cancellation of the contract by the Client/Engager and a cancellation fee will apply – please refer to section 4.1 of these Terms & Conditions.

 

3.5 Balance Payment 

The remaining cleared balance payment is due no later than four weeks prior to your event date and must be made by cash or electronic bank transfer. Payment of the final balance by cash or cheque payment on the day is strictly not acceptable. 

 

 

4.0 CANCELLATION 

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4.1 Cancellation by the Client/Engager 

Cancellation of the contract by the Client/Engager must be intimated in writing. If the Client/Engager wishes to cancel the services agreed in the Performance Entertainment Contract, the Client/Engager agrees to inform the Artiste immediately. 

All booking / deposit fees are non-refundable.

The cancellation fee applicable will be determined by the notice period given for cancellation as follows: 

• Where cancellation occurs within 365 days and up to 271 days or more from the event, 25% of the remaining booking fee will be due to the Artiste.

• Where cancellation occurs within 270 days and up to 91 days or more from the event, 50% of the remaining booking fee will be due to the Artiste.

• Where cancellation occurs within 90 days and up to 61 days of the event, 75% of the remaining booking fee will be due to the Artiste.

• Where cancellation occurs within 60 days of the event, 100% of the remaining booking fee will be due to the Artiste.

 

4.2 Cancellation by the Artiste 

The Artiste will make a full refund of any monies received less the deposit within 7 day in the highly unlikely event that the Artiste is unable to fulfil the engagement due to circumstances beyond reasonable control, including but not limited to, ‘Acts of God’, adverse weather, civil unrest, industrial action or war or, if for any reason(s) the Artiste is unable to arrive at the venue and/or is unable to perform, outside the reasonable control of the Artiste, including but not limited to the following incidents: 

• Fire or theft of equipment / vehicle 

• Illness or injury resulting in the Artiste being unable or not fit to perform 

• Breakdown of vehicle / accident 

• Severe / unavoidable travel delays 

• Other emergency 

Furthermore, the Artiste will be entitled to terminate this contract without any liability (other than a full refund to the Client/Engager) as the contracted supplier and the Artiste will only be liable for a sum up to and not exceeding the contracted amount. 

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5.0 VENUE & SETUP

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5.1 Permission & Licensing 

The Client/Engager must ensure that the venue is willing to accommodate the chosen contracted services by the Artiste and that the appropriate licenses are in place as required, specific to the contracted services and agreed performance times. 

 

5.2 Setup Time & Access 

The Artiste will arrive at the venue at the agreed time, to set-up and sound-check the equipment. It is important that the Artiste is given direct access to the venue in which the performance is to be undertaken and that the distance to load the equipment into the venue is as short and direct as possible. Once in the venue, the Artiste will require a minimum of 90 minutes with unrestricted access to set up and test the equipment, prior to the agreed start time and a similar time allowance at the end of the night to set down. 

 

5.3 Required Space 

The Artiste utilises high quality audio equipment relevant to the performance entertainment contract being undertaken. 

For solo, duo and trio performances only, the Artiste will require a space not less than 3 meters wide by 2 meters deep for equipment and to perform, with space available to position audio speakers to each side.  

For full band performances, the Artiste will require a space not less than 5 meters wide by 3 meters deep for equipment and to perform, with space available to position audio speakers to each side. 

 

5.4 Power Supply 

The Artiste will require a minimum of 4 x 13amp wall sockets to ensure an adequate and safe power supply source for the sound and lighting equipment used during the performance.

 

5.5 Equipment Setup 

Only the Artiste or the assigned/dedicated sound and lighting technician may operate or move the equipment. 

The Artiste cannot accept responsibility for damage to equipment, or injury to persons caused directly by third party intervention. 

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5.6 Sound Limiters & Volume

The adjustment of the volume and sound level of any equipment will be as the Client/Engager and or the Venue reasonably requires, should the Client/Engager and or the Venue request such an adjustment. 

The Artiste cannot guarantee the quality of the performance should the volume be reduced below the level of a normal reasonably acceptable volume for such a performance. 

The Artiste cannot be held responsible for non-performance or interrupted performance in circumstances where a sound limiter is set so low that live music performance is either severely hindered or not possible. 

 

5.7 Changing Room

The Client/Engager will ensure that the venue had an arrangement for a suitable room or facility to be made available for the Artistes use to enable them to have a break off room in between sets and to leave items securely and safely whilst performing. 

 

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6.0 PERFORMANCE 

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The Artiste will provide a performance that is reflective of the Artiste’s promotional materials and/or audio/video samples and as discussed and agreed in the Performance Contract. 

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The Artiste will utilise the standard line-up, as represented to the Engager, wherever possible. Should the need arise to substitute a performer due to unforeseen circumstances, the Artiste will have 'Dep' musicians/performers on stand-by to cover every eventuality. The Artiste reserves the right to use one or more 'Dep' performers if required in order to fulfil their contractual obligations. All 'Dep' performers utilised should have an equivalent level of ability and represent the Artiste in a similar manner to the promotional material portrayed to the Engager. The use of a 'Dep' performer does not constitute grounds for cancellation or a reduction in the fee. 

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The Artiste will be polite and courteous with the Client/Engager, their guests and all venue staff and adhere to the Client/Engager’s reasonable requests. 

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Unless otherwise stated in the contract schedule, the Artiste will provide all equipment necessary for the performance. The Artiste will ensure all such equipment used is in good working order and carries all necessary insurance and certification. 

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Where reasonably requested to do so by the Client/Engager and/or the Venue Staff, the Artiste agrees to adjust the volume of the sound equipment as required. 

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At the time of agreeing to or signing the Performance Entertainment Contract schedule, the Artiste will not be under any contract to a third party which may prevent them from fulfilling the engagement. 

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Except with the express consent of the Client/Engager (or where the wearing of certain attire is deemed to be a necessary part of their act) the Artiste will be suitably and tidily dressed during their performance. 

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The Client/Engager agrees that if the Artiste is threatened, abused verbally or physically by anyone present at any time before, during or after a performance, then the Artiste will be entitled not to perform or cease performance immediately, without penalty. All Fees will remain payable by the Client/Engager. 

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The finish time of the performance will not exceed 12:00 Midnight or that stated in the Performance Entertainment Contract under any circumstances. 

If a late finish exceeding 12:00 midnight is mutually agreed and detailed in the Performance Entertainment Contract, it is the responsibility of the Client/Engager to ensure that the venue has a suitable license in place to allow the performance to continue to the time stated in the Performance Contract. 

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7.0 LIABILITY 

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The Client/Engager is fully responsible for any damage to equipment used by the Artiste, caused as a result of any person and/or guest at the event. 

 

8.0 FORCE MAJEURE 

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In the event that the Artiste is unable to fulfil the contracted obligation due to circumstances beyond their reasonable control (including, but not limited to, “Acts of God”, adverse weather, civil unrest, industrial action or war) the Artiste will make a full refund of any monies received less the deposit. 

 

9.0 PHOTO / VIDEO 

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The Artiste reserves the right to take photographs and/or video recordings during any part of the performance, for self-publicity and promotional purposes. Content may be shared unless the Client/Engager has notified this is unacceptable to do so, usually within 4 weeks of the event entertainment date. 

 

10. PRIVACY POLICY

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Your privacy will be protected at all times, and we will always act in full compliance with the current UK Data Protection Act. We only collect information about you if you email or telephone us. We only use this information to process your enquiry efficiently and provide the best possible service.

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We never:

• Ask for more information than necessary or store it for longer than necessary.

• Disclose any of your personal details to any third party unless you have given us permission (Please note: we reserve the right to cooperate with law enforcement officials and have no legal liability for such disclosures)

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We always:

• Protect all your personal data from access by unauthorised parties.

• Provide you with full details of any data we store about you on request.

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Kiki Music Collective

Performance Entertainment Contract, Schedule, Special Clauses and Terms & Conditions

Version 1.4, April 2021