Terms and Conditions
Any booking whether confirmed verbally, electronically or in writing will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:
Confirming the booking
Confirmation:
- ‘Confirmation’ will mean any verbal, electronic or written acceptance of this booking by BOTH the ‘client’ and Paul Kazam.
- All bookings take effect immediately upon ‘confirmation’.
- Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘confirmation’ of the booking, Paul Kazam will issue a contract to the ‘client’ which they may keep for their personal records. If the ‘client’ cancels the booking any later than seven days after the confirmation date on the booking form the ‘client’ will lose all of their deposit.
The agreed booking fees may be subject to change (in agreement with both the ‘client’ and the ‘artist’) if any details on the contract are altered. All changes to the contract must be arranged & agreed by Paul Kazam in advance of the event.
Payment of fees
The agreed booking deposit is due strictly within 5 working days of booking. Deposit can be paid by cheque/cash/bank transfer or PayPal (details on your contracted booking form & invoice.)
Unless otherwise agreed by Paul Kazam in writing on the cover of your contract, the balance is payable to Paul Kazam in cash or by cheque on the day of the event.
If any fee which the ‘client’ is due to pay prior to the event has not been received at least 5 working days before the event, Paul Kazam has the right to cancel this booking without penalty and the ‘client’ will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see Cancellation by the ‘client.)
Cancellations
Cancellation by the ‘client’
Cancellation by the ‘client’ is not allowed for any reason except circumstances covered by ‘force majeure’ In the event that the ‘client’ cancels the booking; the ‘client’ agrees to inform Paul Kazam immediately.
Cancellation by the ‘client’ within 10 days of confirmation date will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.
- Cancellation by the ‘client’ after 10 days of confirmation and up to 28 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ to Paul Kazam within 14 days.
- Cancellation by the ‘client’ within 14 days of confirmation and up to 8 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ to Paul Kazam within 14 days.
- Cancellation by the ‘client’ within 7 days of the event will result in loss of deposit and 100% of the remaining balance will be payable to Paul Kazam within 14 days.
Any payment outstanding from the ‘client’ outside of these terms will be referred to a debt recovery company and will be subject to a surcharge of 15% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the ‘client’ and will be legally enforceable.
It is the ‘clients’ responsibility to ensure their venue can accommodate Paul Kazam and non-performance of Paul Kazam due to venue restrictions will place the ‘client’ liable for cancellation fees as detailed above.
Cancellation by the ‘artist’
Cancellation by Paul Kazam is not allowed for any reason except circumstances covered by ‘force majeure’
In the unlikely event that Paul Kazam cancels the booking, Paul Kazam agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Paul Kazam agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
There will be no refund given to the ‘client’ against the booking deposit already paid, if a replacement artist of similar value can be arranged by Paul Kazam and agreed by the ‘client’. However, should a replacement artist charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the ‘client’ and ‘artist’ will be contacted to agree this in advance.
If a replacement artist is required last minute and the ‘client’ is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
Late payment of deposit
Failure by the ‘client’ to pay the booking deposit within the terms specified will result in ‘client’ being in default of contract. The booking will be cancelled and the ‘client’ will be bound by the cancellation clauses in the terms and conditions.
Late payment of the balance
Failure by the ‘client’ to pay Paul Kazam within the terms specified will result in a late payment fee (equal to 10% of the total balance due) being added to the outstanding balance. This will be payable by the ‘client’ for every 5 working days the payment is late.
Complaints
If through their own fault Paul Kazam is unable to fulfil part of the event schedule or breaks the terms of this contract and the ‘client’ would like to claim a reduction on the ‘artist’s’ fee, a complaint must be made in writing to Paul Kazam no more than 30 days after the event. Full payment must still be made to Paul Kazam as agreed in the contract. Withholding payment is illegal. Failure to pay Paul Kazam within the terms of this contract will incur charges.
Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with Paul Kazam. changes are to be agreed between the ‘client’ and Paul Kazam prior to performance.
Any changes will be subject to these terms and conditions.
Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of Paul Kazam, Paul Kazam is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the ‘artists’ fee.
If the event runs late and Paul Kazam is asked and agrees to finish later than the finish time in the booking contract, then the following standard ‘late finish’ fees will be charged: 10% of the total balance due per ½ hour over run, payable on the day of the event by the ‘client’ to Paul Kazam in cash or by cheque.
Paul Kazam has the right to refuse to finish later than the contracted finish time without penalty.
Extended performance fees
If the event schedule is changed on the day and Paul Kazam is required and agrees to perform for longer than the ‘Performance times’ agreed in this contract, the following standard ‘Extended performance fees’ will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the ‘client’ to Paul Kazam in cash or by cheque on the day of the event.
Paul Kazam has the right to refuse to extend their performance times without penalty.
Rider
This contract may be subject to a ‘rider’ containing Paul Kazam’s requirements for food, accommodation, dressing rooms, technical specifications etc. The ‘rider’ forms an integral part of this contract and MUST be provided by the ‘client’ at their own expense.
Expenses
If the ‘client’ has agreed on the contract to cover additional expenses incurred by the Paul Kazam (such as taxi’s, food, rehearsal time, hotel, flights etc) Paul Kazam must provide receipts and an invoice to the ‘client’ within 60 days after the event. The ‘client’ must reimburse all expenses to Paul Kazam within 28 days of invoice.
Late payment of expenses will incur a late payment fee equal to 10% of the expenses due, per 5 working days that payment is overdue.
Artist service guarantee
Paul Kazam agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of Paul Kazam ‘s show, as advertised to the ‘client’ via distribution of Paul Kazam’s promotional materials, profiles, pictures, videos, web page etc. Paul Kazam will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
Paul Kazam agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the ‘client’ or a third party. It is Paul Kazam’s responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
Paul Kazam agrees that their fee is inclusive of all expenses (except those that have been itemized or accounted for separately), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc. and covers any payments whatsoever due to other persons.
Paul Kazam will refrain from excessive drinking before, during and after the performance at all times when the ‘client’ or their guests are present.
Paul Kazam will not under any circumstances partake of any illegal drug whilst at the event ‘venue’, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
Paul Kazam will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
Paul Kazam will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, or the ‘client’.
The adjustment of the volume and sound level of any equipment shall be as the ‘client’ reasonably requires.
Paul Kazam at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
Paul Kazam shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
Paul Kazam accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
‘Artist’ equipment
It is agreed by the ‘client’ and Paul Kazam that the equipment and instruments or props of the ‘artist’ are not available for use by other performers or persons except by specific permission of Paul Kazam.
Use of ‘dep’ performers
A ‘dep’ performer will mean a person or persons who stand in for Paul Kazam should they be unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their act as known as advertised to Paul Kazam and the ‘client’ unless otherwise agreed by Paul Kazam and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as Paul Kazam who is to be replaced, and that the ‘dep’ will have a good knowledge of Paul Kazam’s performance repertoire, and represent Paul Kazam to the same high standard that is known by Paul Kazam and expected by the ‘client’.
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used, although, if in advance of the event the ‘client’ is in agreement of a ‘dep’ performer If the ‘client’ is not happy with the replacement, they have the right to cancel the booking without penalty.
Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by Paul Kazam or the ‘client’, then Paul Kazam or ‘client’ may cancel this booking without penalty