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Entertainment for all events

Fire-Eater

 

Terms and Conditions.

Please read our terms and conditions of business before booking an Artiste or joining our agency as an Artiste or provider of services.

Any booking resulting from an enquiry, whether confirmed verbally, electronically, or in writing, will be subject to a contract which refers to the following terms and conditions made public on this website.

For the purposes of simplicity and clarity in these Terms and Conditions, any performer, operator, company, or group of performers or operators obtaining work through The Magic Agency will be known as as "the Artiste" and the hirer or booker will be known as "the Hirer".

Any contract negotiated through The Magic Agency shall be subject to these Terms and Conditions of Business unless otherwise agreed in writing between all parties.

No servant or agent of this agency has the power to vary these terms and conditions.

The Magic Agency is an Employment Agency but, under certain conditions, may act as an Employment Business.


EMPLOYMENT AGENCY

As an Employment Agency, The Magic Agency it acts as an "Agent" and negotiates a contract between the "Hirer" and the "Artiste". In such circumstances, The Magic Agency does not employ the Artiste and it not employed by the Hirer.

It acts as a negotiator in all contracts, advising and safe-guarding the interests of both parties, and cannot be held responsible for breach of contract by the Hirer or Artiste for whatever cause arising.

When acting as an Employment Agency, the Artiste pays The Magic Agency a small percentage of their fee for obtaining and arranging the work for them. This percentage is agreed between the Artiste and The Magic Agency when the Artiste joins the agency.

When acting as an Employment Agency, the contract to the Hirer and the Artiste shall state "The Magic Agency acts as an Employment Agency in this transaction".

Booking an Artiste
  • The Magic Agency will inform the Client which Artistes are available and their fees.
  • The Magic Agency will send copies of the contract to the Client once the booking has been verbally confirmed with the Client and the Artiste. A copy must be signed by the Client and returned to The Magic Agency, with any required deposit, within 10 working days.
  • After receiving the signed contract, and any necessary deposit from the Client, The Magic Agency will issue a contract to the Artiste. The Artiste must sign and return the contract to The Magic Agency within 10 working days. Both the Client and the Artiste retain copies of the contract for their records.
  • The contract will only be concluded after the Artiste signs and returns the contract to The Magic Agency.
  • The Magic Agency will hold the copies of the signed contracts on behalf of the Client and the Artiste and will act as the Agent negotiator between both parties.
  • No booking can be considered as confirmed until a signed contract and any necessary deposit are received from the Client. Only then will The Magic Agency issue a contract to the Artiste.
  • If the Client's contract and deposit are not received within 10 working days, then The Magic Agency reserves the right to book the Artiste to another Client.
  • Neither the Client or the Artiste shall be entitled to change the terms of the contract without first contacting The Magic Agency. Any alterations to the contract must be agreed between the Client and the Artiste.
Paying the Artiste
  • Generally, unless otherwise stated prior to the booking, or in the written contract, the balance of the Artiste's fee will be payable to the Artiste, in cash, on the day/night of performance, before the Artiste starts performing.
  • However, some artistes require the total fee to be paid to them before the date of performance. In such cases, this will be made clear to client prior to booking and in the written contract.
  • If the client fails to pay the Artiste the balance of their fee before they start performing, as per the terms of the written contract, then the Artiste will be entitled not to perform, without penalty, and the client will still be liable to pay the Artiste their full fee, within 14 days..
  • If the Client fails to pay the fee, or balance of the fee, to the Artiste as per the terms of the contract, then a late payment fee of 10% will be added to the fee, or balance of the fee outstanding, every 7 days the payment is late.
    Performance area and changing Facilities
  • It is the Client's responsibility to provide a suitable performance area for the Artiste and ensure there is an adequate power supply meeting or exceeding British Standards where electrical equipment is to be used as part of a performance.
  • Where the Artiste is expected to wear stage clothing, the Client must provide adequate dressing room facilities. Public toilets are not acceptable.
Subsequent bookings of the artiste
  • The Client agrees that all subsequent bookings of the Artiste will be conducted through The Magic Agency for a period of 12 months from the initial performance date.
Cancellations by the Client

If the Client cancels the booking, then the client will forfeit their deposit, and pay the artiste the following, additional cancellation fee which is calculated on the outstanding balance payable to the artiste on the day/night.

  1. 90 days or more prior to the date of performance = 50%
  2. 89 days or less prior to the date of performance = 100%

Cancellation fees must be paid within 14 days of the cancellation.

In the event of a cancellation, the client agrees to inform The Magic Agency immediately and confirm the cancellation in writing.

If the Client fails to pay the cancellation fee within 14 days, then a late payment fee of 10% will be added to the fee every 7 days the payment is late.

N.B. Some Artistes have a different cancellation fee structure to the above. In such cases, their specifi cancellation fees will be made clear to the Client at the time of booking or on the contract.

Use of Artises Equipment by the Client
  1. Apart from asking to make a short speech or annoucement to the guests on the Artiste's PA system, the Client, or a third party acting on the directions of the Client, has no right to demand the use of Artistes equipment, instruments, or props during the engagement.
  2. The Artiste has every right to decline such a request, without penalty, and still receive the full fee.
  3. As most Artistes only have Insurances and Public Liability cover for their own use of their equipment, it cannot be held as unreasonable for them to decline such a request.
  4. Any decision will be totally at the discretion of the Artiste and must be negotiated through The Magic Agency before booking the Artiste.
  5. Such a request may depend on many factors e.g. rarity of the equipment (as in the case of old musical instruments), the value of the equipment, Insurances, Public Liability cover, and Health and Safety issues.
  6. If the Client, or a third party acting on the instructions of the Client, wishes to use the Artistes equipment during the engagement, then the Client must make this known to The Magic Agency before booking an Artiste so it can be negotiated with the Artiste.
  7. Therefore, if it is imperative to the Client that that an Artiste must make their equipment available for use by themselves or a third party during the engagement, then it is the Client's responsibility to make this known to The Magic Agency before the booking is made, so The Magic Agency can suggest suitable Artistes that can accommodate this service, and include this condition in the Client's written contract with the Artiste.
  8. If the Client does not stipulate this condition prior to making the booking, and books an Artiste that cannot comply with this request, then the Client will have no grounds for complaint, and will still be bound to pay the full fee, without penalty, to the Artiste.
Cancellations by the Artiste
  1. The Artiste may not under any conditions cancel the engagement. However, in the unlikely case that an Artiste is unable to perform due to Force Majeure, illness or strikes, and can provide reasonable proof which is acceptable under Scottish Law, then the Artiste will not be held in breach of contract by the client, and as such, the Artiste (or The Magic Agency) may substitute talent, subject to the Client's reasonable approval, failing which approval, the contract will terminate without obligation to all parties involved.
  2. Any deposits received by the Artiste or The Magic Agency from the Client must be repaid in full, with 14 days of cancellation
  3. In such cases of Force Majeure, illness or strikes, the Artiste should make every reasonable effort to inform The Magic Agency immediately so we can inform the Client, and, if required, try to find a replacement Artiste.
Changes to the Contract on the day
  1. Wherever, possible the Client should try to contact The Magic Agency to discuss the changes.
  2. Any unavoidable changes to the contract schedule on the day must be agreed between the Client and the Artiste.
  3. Wherever possible, this should be agreed in writing and signed by the Client and Artiste. A copy of this agreement should be sent to The Magic Agency within 7 days of signing.
  4. If the event runs late and the Artiste is not able to perform the full time period as agreed in the contract, then then the Artiste will still be paid the full fee.
  5. If the event runs late and Artiste is requested to start and finish at a time later than that agreed in the contract, then it is up to the Artiste to decide whether to accept this request and at an agreed extra fee which is acceptable to the Artiste.
  6. While most Artistes are sympathetic to reasonable requests, every Artiste has the right to refuse to finish later than the contracted time without being held in breach of contract and be paid the full fee.
  7. If, due to unforseen circumstances, the Artiste is not able to to perform the full time period as agreed in the contract, and the Client wishes to reduce the Artistes fee, then this must be agreed between the Client and the Artiste before the perfomance. Wherever possible, this should be agreed in writing and signed by the Client and Artiste. A copy of this agreement should be sent to The Magic Agency within 7 days of signing.
  8. If the Artiste refuses any such reduction, then the Client must pay the Artiste the full fee and can then send a written complaint to The Magic Agency within 7 days. The Magic Agency will then try to resolve the dispute.
  9. Any dispute arising from such agreements, which have not been been arranged in writing by The Magic Agency, must be settled between the Client and the Artiste. The Magic Agency cannot be held responsible for any such agreements for whatever cause arising.
Complaints and Disputes
  1. If there is a complaint or a dispute arising from the engagement, then it should be submitted in writing to The Magic Agency within 7 days.
  2. The Magic Agency will try to resolve any such disputes to the satisfaction of both parties. If The Magic Agency is unable to resolve any such dispute, then the parties must seek a remedy through the courts.
  3. The Magic Agency is not responsible for such disputes through whatever cause arising.
Extended Time by Artiste
  1. If the Artiste has performed according to the times in the contract and is then asked by the Client on the day to do extra time, this this, along with any extra fees involved, must be agreed between the Artiste and the Client on the day.
  2. The Artiste has the final say in this matter and has the right to refuse such a request and still be paid the full fee as per the contract.
Re-Engagement of the Artiste
  1. In all cases, the Client should contact The Magic Agency about any repeat bookings or bookings arising from the the engagement.
  2. The Artiste is bound by the contract to refer any enquiries resulting from the engagement back to The Magic Agency for a period of twelve months.
  3. If the Artiste fails to do this, then, under the terms of the contract, the Artiste will still be legally liable to pay commission to The Magic Agency for all work done during this twelve month period. The commission being due no later than 14 days after the date of performance.
Artiste's Business Cards, Contact Numbers, and Publicity Material
  1. It is an integral part of the Artiste's contract, that the Artiste agrees not to hand out business cards, promotional material, or contact details to Clients, venues, guests, staff, or contractors while on engagements contracted through The Magic Agency.
  2. The Magic Agency will supply it's own business cards to the Artiste and any enquiries arising from the engagement must be referred back to The Magic Agency.
  3. Artistes found to be breaking this rule will be still be liable for any commission due on jobs arising from the initial engagement and will be removed from the The Magic Agency books.
Conduct of Client and Guests or Audience
  • The Client agrees to treat the Artiste politely and in a professional and dignified manner.
  • The Client agrees that they will be responsible for the conduct of their guests or audience and will take every reasonable precaution to prevent the Artiste being threatened, verbally abused, or physically abused the guests or the audience.
  • The Client agrees if the Artiste is threatened, verbally abused, or physically abused by anyone present at the event, then the Artiste will be entitled not to perform, without penalty, and still be paid the full fee.
Conduct of Artistes
  • The Artiste will provide their act, as known, or agreed with the client, to the best of their ability.
  • The Artiste will always be smart and tidy in appearance and dress according to the function, unless another form of dress is an integral part of the act or has been agreed with the Client.
  • The Artiste will follow the client's wishes as much as is reasonably possible and be polite to their guests and all venue staff.
  • The Artiste will adjust volume levels as much as is reasonably possible to suit the size of the function or at the Client's request.
  • The Artiste agrees to provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party.
  • The Artiste are responsible for ensuring that their equipment is safe and in good working condition.
  • The Artiste is responsible for obtaining all insurances and test certificates for their equipment. The Magic Agency strongly advises all Artistes to have accidental damage cover and have their electrical equipment PAT tested.
  • The Artiste is responsible for obtaining their own Public Liability Insurance for Public Performances and The Magic Agency strongly advises all Artistes that this cover should be a minimum of 2,000,000.
  • The Artiste will be not be intoxicated prior or during a performance.
  • The Artiste will not take any illegal drugs prior or during a performance.
  • The Artiste will not smoke during a performance, unless it is an integral part of the act, or the client and guests have given their express permission.
  • The Artiste is not employed by The Magic Agency and is responsible for paying their own Income Tax, Value Added Tax, and National Insurance contributions.
Leaving The Magic Agency or Band/Group Breakup
  1. Should an Artiste decide to leave The Magic Agency, they will be legally obliged to honour and fulfill any outstanding engagements arranged through The Magic Agency as per their contract(s) and these Terms and Conditions.
  2. Should a group of Artistes or Band break up, then they will still be be obliged to fulfil any outstanding engagements arranged through The Magic Agency as per their contract and these Terms and Conditions.
Children's Entertainers
  1. The Artiste must have a Disclosure Scotland certificate and a copy of this certificate must be held by The Magic Agency.
  2. The Artiste must have their own Public Liability Insurance of at least £1,000,000.
  3. Following Equity guidelines, The Artiste will only perform if there is at least one other responsible adult present at all times.
  4. It is the Client's responsibility to arrange for another adult to be present.
  5. If the Client fails to provide another responsible adult to be present, and the Artiste cannot therefore perform, then the Client will still be obliged to pay the Artiste their full fee.

EMPLOYMENT BUSINESS

In some cases, when dealing with a Company or Organisation, The Magic Agency will act as an Employment Business and is party to the contract as the supplier of entertainment. This is usually where a Company or Organisation requires to be sent an invoice for the Entertainment. In which case, The Magic Agency will invoice the Client and pay the Artiste directly.

When acting as an Employment Business, the contract to the Client and the Artiste shall state "The Magic Agency acts as an Employment Business in this transaction".

  1. In the event of non-fulfilment or breach of any such contract The Magic Agency will accept responsibility up to the cost of the entertainment only.
  2. Under certain circumstances (i.e. Force Majeure, illness, accident etc.) The Magic Agency may have to replace an Artiste with a substitute of similar price or quality without notice or compensation.
Payment
  1. Unless otherwise agreed in writing, The Magic Agency will require the client to pay a 10% deposit at the time of booking and the balance will be payable no later than 14 working days before the date of the event.
  2. However, if time is of the essence, then The Magic Agency may waive the deposit and ask the Client to pay the full fee by return.
  3. Deposits are non-refundable, except where an engagement is cancelled by The Magic Agency, in which case all deposits (or full fees paid by the client in advance) will be refunded in full within 14 days.
Cancellation by Artiste or Client
  1. If an Artiste booked for such an event becomes unavailable, and The Magic Agency is unable to find a suitable replacement, then all monies paid by the client in advance, will be repaid within 14 days.
  2. If the Client cancels the booking, then they agree to inform The Magic Agency immediately and confirm the cancellation in writing.
  3. The client also agrees to pay The Magic Agency the following cancellation fee:
    90 days or more prior to the date of performance = 50%
    89 days or less prior to the date of performance = 100%
  4. Cancellation fees must be paid within 14 days of the cancellation.
  5. If the Client fails to pay the cancellation fee within 14 days, then a late payment fee of 10% will be added to the fee every 7 days the payment is late.
Booking an Artiste
  1. The Magic Agency will inform the Client which Artistes are available and their fees.
  2. The Magic Agency will send a contract to the Client once the booking has been verbally confirmed and the contract must be signed by the Client and returned to The Magic Agency, with any required deposit, within 10 working days.
  3. Unless otherwise agreed in writing, the balance will be payable no later than 14 working days before the date of the event.
  4. No booking can be considered as confirmed until a signed contract and any necessary deposit are received from the Client.
  5. If the Client's contract and deposit are not received within 10 working days, then The Magic Agency reserves the right to book the Artiste to another Client.
  6. Neither the Client or the Artiste shall be entitled to change the terms of the contract without first contacting The Magic Agency. Any alterations to the contract must be agreed between the Client or Artiste and The Magic Agency.
  7. It is the Client's responsibility to provide a suitable performance area for the Artiste and ensure there is an adequate power supply meeting or exceeding British Standards where electrical equipment is to be used as part of a performance.
  8. Where the Act is expected to wear stage clothing, the Client must provide adequate dressing room facilities. Public toilets are not acceptable.
Changes to the Contract on the day
  1. Wherever, possible the Client should try to contact The Magic Agency to discuss the changes.
  2. Any unavoidable changes to the contract schedule on the day must be agreed between the Client and the Artiste.
  3. Wherever possible, this should be agreed in writing and signed by the Client and Artiste. A copy of this agreement should be sent to The Magic Agency within 7 days of signing.
  4. If the event runs late and the Artiste is not able to perform the full time period as agreed in the contract, then then the Artiste will still be paid the full fee.
  5. If the event runs late and Artiste is requested to start and finish at a time later than that agreed in the contract, then it is up to the Artiste to decide whether to accept this request. While most Artistes are sympathetic to "reasonable" requests, every Artiste has the right to refuse to finish later than the contracted time without being held in breach of contract and be paid the full fee.
  6. If, due to unforseen circumstances, the Artiste is not able to to perform the full time period as agreed in the contract, then the Client should contact The Magic Agency.
  7. Any dispute arising from such agreements, which have not been been arranged in writing by The Magic Agency, must be settled between the Client and the Artiste. The Magic Agency cannot be held responsible for any such agreements for whatever cause arising.
Complaints and Disputes
  1. If there is a complaint or a dispute arising from the engagement, then it should be submitted in writing to The Magic Agency within 7 days.
  2. The Magic Agency will try to resolve any such complaints or disputes to the satisfaction of both parties. If The Magic Agency is unable to resolve any such dispute, then the parties must seek a remedy through the courts.
  3. The Magic Agency is not responsible for such disputes through whatever cause arising.
Extended Time by Artiste
  1. If the Artiste has performed according to the times in the contract and is then asked by the Client on the day to do extra time, this this, along with any extra fees involved, must be agreed between the Artiste and the Client on the day.
  2. The Artiste has the final say in this matter and has the right to refuse such a request and still be paid the full fee as per the contract.
Re-Engagement of the Artiste
  1. The Client agrees to contact The Magic Agency about any repeat bookings or bookings arising from the the engagement.
Artiste's Business Cards, Contact Numbers, and Publicity Material
  1. The Artiste agrees not to hand out business cards, promotional material, or contact details to Clients, venues, guests, staff, or contractors while on engagements contracted through The Magic Agency.
  2. The Magic Agency will supply it's own business cards to Artistes and any enquiries arising from the engagement must be referred back to The Magic Agency.
  3. Artistes found to be breaking this rule will be still be liable for any commission due on jobs arising from the initial engagement and will be removed from the The Magic Agency books.
Conduct of Client and Guests or Audience
  • The Client agrees to treat the Artiste politely and in a professional and dignified manner.
  • The Client agrees that they will be responsible for the conduct of their guests or audience and will take every reasonable precaution to prevent the Artiste being threatened, verbally abused, or physically abused the guests or the audience.
  • The Client agrees if the Artiste is threatened, verbally abused, or physically abused by anyone present at the event, then the Artiste will be entitled not to perform, without penalty, and still be paid the full fee.
Conduct of Artistes
  • The Artiste will provide their act, as known, or agreed with the client, to the best of their ability.
  • The Artiste will always be smart and tidy in appearance and dress according to the function, unless another form of dress is an integral part of the act or has been agreed with the Client.
  • The Artiste will follow the client's wishes as much as is reasonably possible and be polite to their guests and all venue staff.
  • The Artiste will adjust volume levels as much as is reasonably possible to suit the size of the function or at the Client's request.
  • The Artiste agrees to provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party.
  • The Artiste are responsible for ensuring that their equipment is safe and in good working condition.
  • The Artiste is responsible for obtaining all insurances and test certificates for their equipment. The Magic Agency strongly advises all Artistes to have accidental damage cover and have their electrical equipment PAT tested.
  • The Artiste is responsible for obtaining their own Public Liability Insurance for Public Performances and The Magic Agency strongly advises all Artistes that this cover should be a minimum of 2,000,000.
  • The Artiste will be not be intoxicated prior or during a performance.
  • The Artiste will not take any illegal drugs prior or during a performance.
  • The Artiste will not smoke during a performance, unless it is an integral part of the act, or the client and guests have given their express permission.
  • The Artiste is not employed by The Magic Agency and is responsible for paying their own Income Tax, Value Added Tax, and National Insurance contributions.
Leaving The Magic Agency or Band/Group Breakup
  1. Should an Artiste decide to leave The Magic Agency, they will be legally obliged to honour and fulfill any outstanding engagements arranged through The Magic Agency as per their contract(s) and these Terms and Conditions.
  2. Should an Artiste or Group break up, then they will still be be obliged to fulfil any outstanding engagements arranged through The Magic Agency as per their contract and these Terms and Conditions.
Children's Entertainers
  1. The Artiste must have a Disclosure Scotland certificate and a copy of this certificate must be held by The Magic Agency.
  2. The Artiste must have their own Public Liability Insurance of at least £1,000,000.
  3. Following Equity guidelines, The Artiste will only perform if there is at least one other responsible adult present at all times.
  4. It is the Client's responsibility to arrange for another adult to be present.
  5. If the Client fails to provide another responsible adult to be present, and the Artiste cannot therefore perform, then the Client will still be obliged to pay the Artiste their full fee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fun, Excitement, Laughter

Copyright 2003 The Magic Agency