Booking Agreement + Terms & Conditions Between the Artist/Service & Booker
Entertainers Worldwide Ltd (“we”, “us” or “our”) provides the entertainersworldwide.com and other suffixes including .co.uk (‘the Website'). We are a Limited company registered in England and Wales (registration number 08387733) and our registered offices are:
UK Registered Office Address:
Entertainers Worldwide Ltd, Kemp House, 152 - 160 City Road, London, EC1V 2NX
Telephone: (+44) 02032860350
USA Head Office Address:
Entertainers Worldwide Ltd, 5101 Santa Monica Blvd, Ste 8, PMB 464, Los Angeles, CA 90029
Telephone: (213) 438-9970
We want to make your booking agreement as transparent as possible, including the Terms and Conditions that apply when a booking has been confirmed through our payment system with a 10% deposit paid. Also included below are our Terms and Conditions regarding booking date rearrangement requests and cancellations.
If you need any assistance on your booking or Terms and Conditions, please Submit a ticket : Entertainers Worldwide Support. We’re here to help!
1. YOUR BOOKING AGREEMENT
a) We act solely as a portal to facilitate the Contract made between the artist/service and booker, plus the completion of each booking via our payment portal. As all dealings are made directly between the artist/service and the booker, we do not act as a booking ‘Agent’.
b) Before an artist/service submits a quote to the booker via our Website, and before the booker pays their 10% deposit to confirm the artist/service through our payment system, both parties must first click to confirm and agree that the confirmed booking forms a Contract directly between the artist/service & booker, binding them to the terms and conditions laid out in this document.
c) The 10% deposit paid by the booker to confirm the booking is agreed by the artist/service to be kept by us as payment for their 10% Booking Commission.
d) The artist/service and booker may discuss the potential booking on the phone, but the booking confirmation, plus all written discussions prior to the booking confirmation, including quotes and replies must only be made through our Website and not directly via email, the artist’s personal website, text messaging or social media.
e) The artist/service may not request any additional deposit in addition to the 10% deposit paid to us to confirm the booking.
f) The artist/service and booker are solely responsible to discuss and arrange payment of the remaining 90% balance, which may be by cash, cheque, or bank transfer (the remaining balance owed is clearly shown in the enquiry messaging thread after the booking has been confirmed).
2. REARRANGING A BOOKING DATE
a) If the artist/service is available for a booking date rearrangement requested by the booker (when it is not due to force majeure - see 3.6), it is the sole responsibility of the artist/service and booker to discuss and confirm the rearrangements.
b) If the artist/service is not available for the newly requested event date, the booker may choose to either continue with the original event date as planned, or cancel the booking. If cancelled, the same terms from 3.3 will apply.
3. CANCELLATION POLICY
3.1 Cancellations by the Booker
a) If the booker cancels, as the services mentioned below have already been provided by us, the artist, nor the booker will receive the 10% deposit payment:
The 10% deposit paid by the booker to confirm the booking is paid directly to us to cover the artist/service booking commission fee. The commission fee covers our daily costs to promote the artist/service profile and process the booking via our website for both parties. These services are, but not limited to; manually reviewing and adding daily gig request posts for bookers to receive requested quotes and artist/service to submit quotes, assisting with support requests from both parties, manually reviewing the artist/service profile updates, hosting the artist/service profile on our server, assisting with follow-up calls and emails to both parties if they haven’t read/received their quotes/replies/confirmations, manually providing both parties with status updates when receiving feedback from either party.
b) The artist is eligible to claim or retain a percentage of the balance payment, depending on how close to the event the booker has cancelled and the reason of cancellation – see sections 3.3 & 3.6).
3.2 If the 10% deposit paid to us by the booker exceeds £50 (or the equivalent in all currencies), the booker upon request may receive a partial refund of their deposit, depending on how close the cancellation was submitted in relation to the event date.
3.3 Cancellation fee due to the artist/service. If the booker cancels (when not due to force majeure - see 3.6), the booker agrees to pay a cancellation fee to the artist/service to help towards the loss of revenue, calculated as follows:
a) Booker cancels more than 6 months before the event date = Loss of 10% deposit. No cancellation fee due to artist/service.
b) Booker cancels between 6 months and 3 months before the event date = Loss of 10% deposit + 25% of the balance due to the artist/service (excluding travel costs) as a cancellation fee.
c) Booker cancels less than 3 months before the event date = Loss of 10% deposit + 50% of the balance due to the artist/service (excluding travel costs) as a cancellation fee.
3.4 Payments to Artist/Service of Cancellation Fees
As all booking agreements are made between the artist/service and the booker, all disputes and payments for cancellation fees are therefore the sole responsibility of both said parties and not us.
3.5 Cancellations by the Artist/Service
If the artist/service cancels a booking, or are a ‘no-show’, the following terms apply:
a) If the booker accepts a suitable replacement of similar cost and quality from the Entertainers Worldwide Ltd Directory - either recommended by the artist or with the assistance of us:
i. The artist/service must refund all balance payment(s) if already received from the booker.
If you would like assistance to find a replacement artist/service for a current booking cancellation, please Submit a ticket. Please include 'Booking Cancellation Replacement Request' in the subject heading, plus your event date, location & what artist/service you require and we will do our very best to help find you a replacement as soon as possible.
b) If a suitable replacement cannot be found, or the booker does not want a replacement, the following terms apply:
i. The artist/service must refund all balance payment(s) if already received from the booker.
ii. Upon request, the booker will receive a refund of their 10% booking deposit from us or have it held and used for a future booking within 12 months of the original event date.
3.6 Cancellations due to Force Majeure
Force majeure means cancellation due to a "greater force" or “an act of God”; an event for which no party can be held accountable such as, a hurricane, tornado, war, or pandemics. Generally, for events to constitute force majeure, they must be unforeseeable and unavoidable.
If the event is cancelled by either party due to force majeure, the following terms apply:
a) If the event is impossible to go ahead, it is the sole responsibility of the artist/service and booker to discuss a fair outcome such as, they may agree to honour the same agreement but postpone to a future date. The 10% booking deposit may not be refunded.
b) If the event can go ahead, but it is impossible for the artist to attend:
i. If enough time is available to find a suitable replacement, the same terms as 3.5a) apply.
ii. If on the day of the event or so close that a suitable replacement is unable to be found, it is the sole responsibility of the artist/service and booker to discuss a fair outcome. The 10% booking deposit may not be refunded.
4. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
a) If you are a consumer (booker), these terms of use, their subject matter and formation are governed by English law. We both agree that the courts of England and Wales will have sole jurisdiction except where you are resident of Northern Ireland you may bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may bring proceedings in Scotland.
b) If you are a business (artist/service), these terms, their subject matter, formation, and any non-contractual disputes or claims are governed by English law. We both agree that the courts of England and Wales will have sole jurisdiction.
c) If the courts find any particular term within these terms to be unenforceable, all remaining terms will still apply.