STANDARD TERMS AND CONDITIONS FOR ARTISTS AND PERFORMER ENGAGEMENT AT
THE CRABBLE CORN MILL CIDER & ALE FESTIVAL 2015

The following terms and conditions are fundamental terms that apply to all contracts for the engagement of performers and artists that are participating at the Crabble Corn Mill Cider & Ale Festival 2015.

The following terms and conditions will be adhered to unless any changes have been agreed by the Crabble Corn Mill Trust (The Event Organisers).


Terms & Conditions

1.            Stage Timing, Curfew and Noise Limits

The Festival must adhere to strict curfews and noise limits. The Festival organisers can be prosecuted and/or fined for any breaches of this licence and permission and ultimately the local authority can review and/or revoke the Festival’s licence. All performers must adhere to all timings agreed between them in advance and no overrun or extension of your performance can be permitted. Please ensure you have the agreed timings (and any agreed revisions to such agreed timings) from our music and performance organiser.

You must adhere to all curfews and noise limits which the Festival is subject to by way of local regulation or licence conditions and which we have notified to you.  This is a term of our licence and all artists who perform at the Festival must adhere to any specific instructions to reduce noise levels to those instructed by the Festival’s authorised representative.

2.            Insurance

The Festival holds valid public liability insurance and a copy of our policy certificate will be provided to you at your request. This is to cover the Festival’s potential liabilities. The Crabble Corn Mill Trust  will not indemnify you in relation to any claim, cost, damages, liabilities, or losses directly arising out of or in connection with any claim or action made by a third party due to the wilful or reckless act, omission, default or negligence of the Artist or its agents or employees.. Unless you have notified us at the offer stage of any variance to this clause, you must ensure that as a minimum you have public liability insurance in the amount of an indemnity of not less than one million against any claim(s) for personal injury or property damage for any one occurrence to cover your own obligations and potential legal liabilities in connection with the Performance(s). This insurance shall cover and include performances at outdoor music festivals and events.

You should further ensure that your own equipment is insured against loss and/or damage. We will only be responsible for any loss or damage caused to your equipment by our negligence, acts or omissions.  Unless expressly agreed by Crabble Corn Mill Trust in writing between you and us, the Crabble Corn Mill Trust will not be responsible for your non-appearance at the event or for any cancellation unless that is caused by the Festival’s act, omission or negligence and the provisions of Clauses  7.1, 7.2 and 7.3 below shall apply to all cancellations and you should ensure you have appropriate insurance to cover your own costs, losses, fees and guarantees in the event of cancellation due to any instance of force majeure and/or Artiste illness.

3.            The artiste/s agrees that any further engagements offered as a result of this engagement, whether from the client on this contract or any other client or potential client, shall be negotiated through the management. Failure to adhere to this will result in the artiste being invoiced accordingly.

4.            The artiste/s agrees that any further engagements offered as a result of this engagement, whether from the client on this contract or any other client or potential client, shall be negotiated through the management. Failure to adhere to this will result in the artiste being invoiced accordingly.

5.            The artiste/s warrants that all equipment is in good working order, and fit for its purpose, and that no part of the performance is likely to be a danger to the artiste/s or any other person/s.

6.            The client shall be responsible for the provision of mains electricity in the performing area.

7.            Fee payment

7.1          Unless expressly agreed otherwise and set out in the contract of engagement between you and us, only a flat fee will be paid to you by Crabble Corn Mill Trust. The payment of your agreed Guaranteed Fee will be paid to you in cash at the end of your performance. This payment will be inclusive of all expenses, travelling expenses to and from the venue and covers any payments due to other members of the band.

7.2          The artiste/s at the time of signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.

7.3          If you cancel for any reason then no fee will be paid to you by the Crabble Corn Mill Trust.

7.4          Payments made to you are gross payments and you will be wholly responsible for your own tax liabilities. The Crabble Corn Mill Trust is not liable in any way for your tax liabilities.

7.5          All deposits paid are non-refundable

8.            Force Majeure & Cancellation

8.1          Force Majeure

If the Festival or the Artist's appearance and performance at the Festival is curtailed, cancelled or abandoned due to any instance of force majeure then the Festival and / or the Artiste’s performance shall be cancelled and all monies previously paid by Promoter to the Artiste or their nominee in respect of that performance shall be promptly refunded and returned by the Artiste (or the Artiste shall instruct those holding such monies to be returned) and the Artiste shall have no further claim made against the Crabble Corn Mill Trust nor the Crabble Corn Mill Trust against the Artiste except in relation to the repayment of any sums already paid.

Force majeure shall include but not limited to threat of terrorism or war, public disaster, epidemic, pandemic disease, order of National Government or Local Authority, fire, explosion, strike or lock-out (outside of the direct or indirect control of either party), transportation failure, national grid or local grid failure, national mourning, Royal demise, any Act of God, earthquake, or any adverse weather conditions including but not limited to flood, storm and electric storm, tsunami, which would make the staging of the Artiste’s performance or the Festival impossible and / or is deemed by any competent authority or the Police or the fire service or the Festival (with the Festival always acting in a reasonable manner) to present a danger to the audience and those attending, working or performing at the Festival if the performance or the Festival were to proceed.

8.2          Artiste illness

In the event of the illness of the Artiste (or any key member of the Artiste if the artiste is a group of performers) meaning the Artiste cannot or is advised not to perform at the Festival and medical certification (doctor’s certificate) covering such illness can be provided to the Crabble Corn Mill Trust, or in the event of the death or serious illness or injury to any close family member or spouse of the Artiste where certification of such can be provided to the Crabble Corn Mill Trust, then the Artiste’s performance shall be cancelled at Artist’s request and all monies previously paid by the Crabble Corn Mill Trust to the Artiste or their nominee in respect of that performance shall be promptly refunded and returned by the Artiste (or the Artiste shall instruct those holding such monies to be returned) and the Artiste shall have no further claim made against them nor the Crabble Corn Mill Trust against the Artiste and the provisions of 5.3 below shall not apply.

8.3          Cancellation

In the event of cancellation pursuant to any instance of force majeure as set out in 5.1 or the bona fide or certified illness of the Artiste as set out in 5.2 your liability to us will be limited to the immediate repayment of any sums paid to the Artiste or the Artiste’s nominee by the Crabble Corn Mill Trust.

We cannot accept so called ‘thirty day’ notice periods for cancellation once the Festival has been put on sale and such clauses shall have no effect.

9.            Security

All matters connected to the security and safety of the Festival and the Festival’s audience, crew, staff, guest and performers, the security and safety of the stage where you will perform will be in the sole discretion of the Festival organisers and where appropriate the Police and always subject to all statutory and licence provisions and requirements.

10.          Photographers and Personal Cameras

All authorised photographers accredited by the Crabble Corn Mill Trust will usually be allowed into the front of stage during your performance. If you do not want press photographers to be present please notify our performance organiser as soon as possible and always a least one hour before your on-stage time.

Please note that members of the audience are permitted to bring personal cameras, personal video cameras and mobile phones into the Festival site and we cannot and do not prevent members of the audience using these devices.

11.          Media Interviews

Crabble Corn Mill allows media interviews with artists and performers.  Should you or your group not wish to participate in any media interviews please let our performance organiser know this at the latest one hour before your performance.

12.          Jurisdiction

This contract of engagement shall be subject to the laws of the United Kingdom and the parties shall subject to the exclusive jurisdiction of the courts of England and Wales. In the event of any conflict between the provisions contained herein and any other contract or agreement the parties agree that the provisions contained herein shall prevail.

Please note that local health and safety laws will apply as will local liability as provided by national law for both criminal proceedings and civil proceedings.

13.          The management accepts no responsibility for non-fulfilment of contract, but every safeguard is assured.

14.          In signing this contract the artiste/s agrees to the terms and conditions laid down.

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