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Hirer Terms of Business

Hirer Terms of Business

For Promoters and Venues

About these terms

These are the standard terms of business on which Midnight Mango Ltd (“Midnight Mango”, “we”, “us”, “our”) acts as booking agent for the artists on its roster. They set out the basis on which we work with promoters, venues and other hirers (“you”) when you engage one of our artists.

These terms are referred to in our booking and show confirmations and apply to each booking you make through us; you accept them by confirming or proceeding with a booking. If we agree any additional or different terms for a particular booking, we will do so in writing, and those written terms will take precedence to the extent of any conflict.

These terms govern our relationship with you as a hirer of our artists. They are separate from, and should not be confused with, the agreement between Midnight Mango and the Artiste, which sets out the terms of our representation of the Artiste and is not part of this document.

Midnight Mango acts as an employment agency under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended): we arrange engagements on the Artiste’s behalf, and the Artiste is engaged through the booking rather than employed by us.

We are registered with the Information Commissioner’s Office (registration A8335007). We handle personal data in accordance with the UK GDPR and the Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025); our internal data protection contact is Matt Bartlett, and our Privacy Policy is available at midnightmango.co.uk.

Definitions

TermMeaning
Artiste / ArtistAny artist on our roster whom you contract or wish to contract with for an Engagement.
EngagementAny performance, appearance or booking, or series of them, that you arrange for the Artiste.
FeeAll sums payable by you in connection with an Engagement — including the artist fee and any expenses, advances, deposits, guarantees and overages — together with any VAT or other sales tax payable on them.
RegulationsThe Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended), made under the Employment Agencies Act 1973, and enforced by the Fair Work Agency. The full text is available at legislation.gov.uk.
We / Us / Midnight MangoMidnight Mango Ltd, 11 Bath Road, Ashcott, Bridgwater, Somerset, TA7 9QS, UK. Company registration number 07987730. VAT registration number 987 8377 34. Tel: 01458 210400. Email: [email protected].
YouThe promoter, venue or other hirer engaging an Artiste through us, whose details are recorded in the booking.

Terms of Business

1.  Our role

1.1    We act as agent for the Artiste.

1.2    We are an employment agency, not an employment business: we arrange Engagements on the Artiste’s behalf and do not employ the Artiste.

1.3    The contract for each Engagement is between you and the Artiste, and is signed by you and the Artiste. We act as agent in arranging the Engagement and do not sign the contract for it.

1.4    We negotiate and agree with you the terms on which the Artiste will perform an Engagement, and draw up or issue the booking confirmation accordingly.

2.  Information you give us

2.1    Before we can confirm a booking, you will give us: the details and dates of the Engagement, its location and duration; the Fees and any expenses you will pay and the payment schedule; any health and safety risks to the Artiste in attending and performing (and a copy of any risk assessment you are required to carry out); any qualifications, union membership or other requirements the Artiste must meet; and details of any right for you or the Artiste to cancel or withdraw.

2.2    Where we reasonably need to, we may ask you to confirm your identity and that of your business (for example a certificate of incorporation).

2.3    We will pass the relevant information you give us to the Artiste so they can decide whether to accept the Engagement, and you will give us any other information relevant to that decision.

2.4    If you act in a way we reasonably consider seriously detrimental to an Artiste’s interests, we may share relevant information with appropriate industry bodies or trade associations of which we are a member.

3.  Fees, payment and deposits

3.1    On our request, you will pay the Fees to us on the Artiste’s behalf, or to any third party the Artiste nominates and we notify to you.

3.2    Any deposit payable to the Artiste is held by us in our client account and, unless agreed otherwise, is released to the Artiste after the Engagement to which it relates.

3.3    Unless otherwise agreed with the Artiste through us, if you cancel or postpone an Engagement for any reason and the Artiste was available to fulfil it, the Fees for that Engagement become payable to the Artiste (or to us or a nominated third party) immediately on demand. Any agreement or variation with the Artiste must be made through us as agent, not directly with the Artiste.

3.4    Fees are exclusive of VAT unless stated otherwise; VAT is payable in addition where applicable.

4.  Performance

4.1    We are not responsible for the Artiste’s attendance at, or performance of, any Engagement, and we are not required to ensure that the Artiste meets any obligation you agree directly with the Artiste. We will, however, use reasonable efforts to help resolve any difficulty that arises.

5.  Travel and accommodation

5.1    You are aware that, by the nature of an Engagement, the Artiste may need to travel and stay away from home. Where you have agreed to be responsible for travel and accommodation, you will give us such information about those arrangements as we reasonably require to satisfy ourselves that suitable provision has been made.

5.2    If you provide (or agree to provide) travel for the Artiste to an Engagement, you undertake to us (and to the Artiste) to provide both the outward travel and the return travel (or its cost). You will give us any information we request about that travel, and if we or the Artiste have to pay for any return travel, you will reimburse that cost on demand.

6.  General

6.1    These terms, together with our booking or show confirmation and any further terms we agree in writing for a particular booking, form the agreement between us for each Engagement.

6.2    We may each give notices or other information required under these terms by email, to the email addresses we hold for one another.

6.3    The Artiste may enforce any of these terms that are for their benefit under the Contracts (Rights of Third Parties) Act 1999. Otherwise, a person who is not a party to these terms has no right to enforce them.

6.4    Unless we agree otherwise in writing, these terms, and any dispute arising out of them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

For any matter relating to this Hirer Terms of Business Policy please contact us.