Contract Clauses Part 4
… and finally!
- CANCELLATION:
By The Promoter: In the event of cancellation by The Promoter then the full guaranteed fee is due to The Artiste.
The promoter is making a commitment when they confirm a show. There are many reasons, as outlined previously, where promoters can pull out of this commitment, but they can’t just pull out for the sake of it. It may seem unduly stringent to insist on the full fee if a promoter cancels, but the truth is we’re always going to talk to promoters to try to find solutions to problems with a booking. This clause is there to make sure they don’t just disappear and become difficult to contact. If that does happen and, in consultation with The Artiste, we may employ a debt collector to retrieve funds, then we will seek the full fee as well as any legal fees on top of that. We don’t want that to happen, that’s why this sub-clause is in the contract.
By The Artiste: In the event The Artiste or their representative cancels due to breach of contract, then the full guaranteed fee is due to The Artiste.
If the contract is breached by the promoter because they have not done what they committed to do, then we need to be clear that The Artiste is able to cancel the show and the fee is still owed. This clause can be invoked months before the show if the payment schedule is not adhered to or on the day of the show because the venue is not prepared for the show – and many other reasons besides as outlined in the particulars and the clauses.
By The Artiste: In the event The Artiste cancels due to certified illness, transport failure, immediate family bereavement etc no claim will be made against The Artiste in respect of this contract. Any fee The Artiste has already collected will be returned to The Promoter.
The Artiste is committed to doing the show. They can’t just pull out for any reason. In this clause, we outline the reasons where The Artiste can pull out, and when that does happen we specify that The Promoter can’t charge The Artiste for costs incurred by the promoter. If The Artiste is ill or in a car accident for example, then they can’t reasonably be expected to perform. The reason must always be legitimate and verifiable. Of course, this is also not the promoter’s fault either, so any fee will need to be returned to the promoter. It’s worth mentioning here the reason for cancelling must be a serious reason otherwise The Artiste can leave themselves liable to significant costs from The Promoter. Musical differences and band break down are not a sufficient reason for cancelling. In most cases the show would be rescheduled, if there are any
By Force Majeure: In the event that the performance is cancelled due to unforeseen circumstances such as, but not limited to public calamity, royal demise, epidemic, pandemic, fire or act of God, no claim will be made against The Promoter or The Artiste in respect of this contract. Any fee already collected on The Artiste’s behalf will be returned to The Promoter. The exception to this is where a non-refundable deposit has been agreed in advance with The Promoter to cover international flights, in this case, The Artiste will make every effort to secure refunds and return any funds obtained in this way to The Promoter.
Force Majeure means reasons beyond the control of The Promoter AND The Artiste, Unforeseeable circumstances that prevent someone from fulfilling a contract, Act of God – The Force Majeur absolves both parties from their contractual responsibilities. It’s important to list the reasons in this clause – since what might be Force Majeur to one party may not be considered thus to another. Also, this can be problematic where flights are concerned, since if this is not cited then this cost might fall to The Artiste, so within this clause we specify the cost of flights as an exemption and cite them as non-refundable in the case of Force Majeure.
By Quarantine Regulations: The introduction of quarantine regulations by the home, transit, or host country is considered force majeure. Where such regulations enforce an extended period of quarantine in home, host or transit countries The Artiste reserves the right to cancel at no cost to themselves. All monies collected will be returned to The Promoter less any transit/flight cancellation fees. All efforts will be made to minimise such losses.
This clause clarifies the position over the potentially onerous cost of quarantine restrictions which can force an artist to self-isolate for a costly period of time.
- LEGAL GOVERNANCE: This contract shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
A catch-all governing law clause where the parties agree that the law of England and Wales will govern the performance and interpretation of their agreement and disputes arising under it.
- EQUALITY, DIVERSITY AND INCLUSION: According to the UK Equality Act (2010), it is illegal for people to discriminate, harass or victimise another person because they have any, or are perceived to have any of the nine protected characteristics defined as; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. Furthermore, they are encouraged to consider Equality, Diversity and Inclusion in their mission and policy. Where the UK Equality Act (2010) is directly contravened by The Promoter, or organisations directly hired by The Promoter, as pertaining to this event, this will be considered a breach of contract and a legitimate reason for The Artiste to cancel their performance. In these circumstances The Artiste will not be liable financially to The Promoter or any other organisation associated with this performance.
This clause has a whole post dedicated to The UK Equality Act (2010). Rather than repeat myself, you can read about it here:https://www.midnightmango.co.uk/our-equality-diversity-and-inclusion-contract-clause-and-pontins/
Further Reading
https://www.gov.uk/guidance/equality-act-2010-guidance
https://www.equalityhumanrights.com/en/equality-act/protected-characteristics#lgb
To be continued…
