Artist and Venue Terms & Privacy Policy


Terms

The Record, Artist & Music Promotion Company (TRAMP Co.)

Terms and Conditions

It is important that if you do not understand any of the following Terms and Conditions that you contact TRAMP Co. or your own legal representative prior to finalising an agreement between yourself and TRAMP Co.

Once a booking has been confirmed between the Client / Artist and TRAMP Co. either verbally, electronically or in writing, this will constitute a legally binding contract (“Confirmation Contract”) and the following non-negotiable Terms and Conditions will apply.

1 DEFINITIONS

The following definitions are non-negotiable and apply to all Confirmation Contracts.

Within these Confirmation Contracts, TRAMP Co. acts as the Agent and is the negotiator between the Client and the Artist.

TRAMP Co. acts as an employment agency and does not form a party to the Confirmation Contract itself.

TRAMP Co. accept no responsibility whatsoever for non-fulfilment or breach of any contract.

TRAMP Co. will be in a separate contract with both the Artist and the Client.

‘Client’ is the party who will book entertainment for an Event.

‘Artist' will provide the entertainment for the Event.

‘Agent’ is The Record, Artist & Music Promotion Company (TRAMP Co.).

‘Confirmation Contract’ will be the finalised details of a given Event and will form a contract between the Client and the Artist (TRAMP Co.)

‘Artist Fee’ is the amount of money charged by he Artist either per night or per hour without the Agent’s fee added on.

‘Total Fee’ is the agreed final amount for all services rendered by both the Artist and the Agent.

‘Event Commission’ is a set percentage of the Total Fee due and must be paid to the Agent within 30 days of receiving the Confirmation Contract unless otherwise agreed. This percentage is liable to change from time to time at the discretion of the Agent.

‘Event Commission Invoice’ is an invoice that is created within the Invoice section of the Booking System which must be paid by the Artist to the Agent within 30 days.

‘Booking System’ is the automated online system that allows Clients to find Artists to play Events via TRAMP Co. which can be accessed at www.trmp.co.uk

‘Event’ is the provision of all services as agreed in the Confirmation Contract, on a specified date, in a specified Venue at a specified time and for a specified sum (Total Fee).

‘Performance’ is the Artist’s visual / sonic offer to the Client during the Event, whether this be a DJ set, live music performance or other, as specified in the Confirmation Contract.

‘Venue’ is the specified location in which the Artist will perform for the Client.

‘Force Majeure’ please see Section 10.

‘Replacement Artist’ is an Artist that is offered to the Client in the circumstance that the original Artist cancels the Event in line with the Terms and Conditions.

‘Cancellation Fee’ is the fee paid upon cancellation by either the Artist or the Client.

‘Act of Nature’ is an act that reasonably leads to the Artist or Client not being able to fulfil their duties. This includes fire, storm, earthquake, flood, hurricane or any other natural disaster.

‘Terms and Conditions’ are the details held within this document that must be upheld by both the Client and the Artist at all times throughout the process of booking and performing an Event with TRAMP Co as the Agent.

‘Mutual Consent Cancellation’ is where both the Artist and Client agree to cancel an Event or Performance.

2 THE BOOKING PROCESS

Once a booking has been confirmed via the Booking System it is assumed that both the Client and the Artist are satisfied with these Terms and Conditions. The Agent will send a Confirmation Contract to both the Client and the Artist detailing the confirmed details of any Event.
The Confirmation Contract cannot be modified unless this is done using the Booking System. Where necessary, Confirmation Contracts may be reissued.
Whilst the Confirmation Contract puts the agreement down in writing, the Agent enters into a legally binding contract with both the Client and Artist as soon as an Event is confirmed via the Booking System.

2.1 PAYMENT OF EVENT COMMISSION & BOOKING FEES

ARTIST

The Artist Fee must be a true representation of the amount of money that the Artist usually charges. Failure to adhere to this could lead to the Artist being struck from the TRAMP Co. roster and the Artist being blacklisted from future use of the website.

The Event Commission is due from the Artist within 30 days of the issue of the Confirmation Contract, unless otherwise specified within the Confirmation Contract; failure to pay this amount could result in the Artist being removed from the Booking System and legal action imposed. If the Artist’s Event Commission Invoice is overdue you will not be able to access the site until it is paid in full.
If the Event Commission is not received within the agreed time, the Agent can terminate the Confirmation Contract without any penalty. The Artist will still be liable for Cancellation Fees as outlined in Section 8.

Event Commission Invoices can be found in the Invoice section of the Booking System.

CLIENT

The Total Fee should be paid to the Artist in cash on the same day as the Performance begins or by other method if agreed between the Client and the Artist (i.e. bank transfer).
The Client is responsible for ensuring that the Artist Fee that is proposed online is the same as the Artist Fee paid on the night; this cannot be arranged outside of the Booking System. Failure to adhere to this could lead to the Venue and Client being struck from the TRAMP Co. roster and the Venue, Client and Artist being blacklisted from future use of the Booking System.

If a payment that is due to the Artist is not received within the specified time frame (i.e. on the day that the Performance begins), the Artist may terminate the Confirmation Contract without any penalty. The Client will remain liable for the Cancellation Fees as outlined in Section 8.

Failure for the Client to pay the Artist in line with the terms outlined in the Confirmation Contract will automatically result in the Client being charged a £25 (plus VAT) late payment fee by the Agent. This amount will be added to any other outstanding balance and must be paid within 7 days. For every day period thereafter up to a maximum of 14 days, a £5 (plus VAT) late payment fee will be added to the outstanding amount.

Whereby, after the 14 day maximum period, the Total Fee has still not been paid to the Artist, the amount may be sought via legal processes or referred to a debt recovery agency by either the Artist or the Agent. The Total Fee sought shall be the amount owed plus any late payment fee with the addition of UK business interest rates and any other rates that may be relevant.
Payment cannot be made by cheque and must be paid in cash or direct bank transfer in line with the Terms and Conditions set out above.
The Agent is not responsible for the collection of booking fees owed to the Artist.

3 EXPENSES
Any Expenses that have been agreed between the Client and the Artist (such as accommodation, food etc.) will not form part of the Confirmation Contract and will be dealt with outside of these Terms and Conditions. This will form a separate contract between the Client and the Artist. The Agent is not responsible for any terms or conditions that they are not party to.

4 CLIENT RESPONSIBILITIES
The Client must ensure that the Venue has adequate safe power supply, a safe, indoor (unless otherwise specified within the Confirmation Contract) performing area and that they are able to accommodate the Artist by possessing and being able to supply appropriate licences and no noise limitation orders .
If non-performance or a below-par performance is the direct result of any Venue restrictions that the Client ought reasonably to have been aware of, the Artist will hold the Client liable for the Total Fee.
It is the Client’s responsibility to ensure that these requirements are investigated prior to the confirmation of any Event or Performance and that any relevant information is passed on to the Agent at the time of booking.

The Client must ensure that there is free parking available for all vehicles associated with the Artist’s Performance at the Venue; should there be no free parking available, the Client will be liable for any parking charges incurred. If the Artist intends to bring more than 3 vehicles this must be made clear to the Client at least 24 hours before the Event is due to take place.
The Client must ensure there is adequate space for the Artist to store their equipment safely and away from any potential damage / harm. Unless given express permission, Artist equipment / resources / instruments are not available for use by any other person.

The Client must do its utmost to ensure that the Artist can perform without the risk of aggressive or abusive behaviour and that the Artist’s equipment is safe from potential damage from 3rd party visitors or guests.

The Client is not an employee of the Agent. It is the Client’s responsibility to ensure they complete regular accounts, national insurance, legal contributions and any other contributions or requirements that may be deemed as necessary to people who deem themselves as self-employed.

The Artist has the right to cancel the Performance if any damage or aggressive/abusive behaviour does ensue and the Client will be liable for the Total Cost.
Elements that the Client is required to provide in this Section (Section 4) such as parking and licences must be provided at the Client’s expense and in the case where these are not supplied, the Artist can see this as a breach of the Confirmation Contract.

Whilst all elements set out in Section 4 are negotiable, any changes to these standard Terms & Conditions will constitute a separate contract between the Artist and the Client. This separate contract does not terminate or affect these Terms and Conditions.

Any refreshments, expenses or other additional requirements that are supplied to the Artist and agreed by both the Client and the Artist are done so outside of the remits of these Terms and Conditions and will not be the responsibility of the Agent. This separate contract does not terminate or affect these Terms and Conditions.

5 ARTIST RESPONSIBILITIES
The Artist will perform for the Client to their highest standard and in a manner in which they have represented themselves to the both the Client and the agent through their Booking System profile, promotional material and past gigs.

The Event Commission must be paid by the Artist to the Agent within 30 days of the issue of the Confirmation Contract, unless otherwise specified within the Confirmation Contract; failure to pay this amount could result in the Artist being removed from the Booking System and legal action.
Unless specifically written into the Confirmation Contract and negotiated by the Agent between the Artists and Client, the Artist will provide all relevant equipment in order to carry out the Performance.

The Artist is responsible for the good working order and general / electrical safety of all equipment used in their Performance. All equipment used must be PAT tested annually to ensure it is safe to be used in a public space.

The Artist must ensure they undertake Public Liability Insurance to a minimum of £1,000,000 that specifically covers both the Event and Performance.

The Total Fee outlined in the Confirmation Contract and provided to the Client by the Agent will be the full and final fee and is not subject to change.

The Artist is not an employee of the Agent. It is the Artist’s responsibility to ensure they complete regular accounts, national insurance, legal contributions and any other contributions or requirements that may be deemed as necessary to people who deem themselves as self-employed.

The Artist shall ensure they remain in a sound state of mind prior to and during their performance by ensuring that they do not drink alcohol or take/misuse any other substances.

The Artist must be appropriately dressed for the Performance.

The Artist must respect the Client, guests and staff at all times during the Event.

The Artist must not act in any manner that may be deemed damaging to the reputation of themselves, the Agent or the Client.

The Artist must ensure that they contact the Client directly before the Event in order to confirm all details outlined in the Confirmation Contract and to finalise all details such as parking (number of cars), dress code, payment and invoice issues, arrival time and any other factors. This can be done using the Booking System, email or phone.

The Artist must make sure that upon confirming an Event via the Booking System that they are under no other obligation to any other party that may interfere with this Event and Performance.

The Artist agrees to log into the Booking System on a regular basis to check its obligations to both Venues and the Agent.

6 COMPLAINTS

In the event of a complaint or dispute from either the Artist or the Client, the issue must be made in writing and forwarded to the Agent within 28 days of the Event by email. The Agent will pose as the mediator in order to reach an outcome that both the Artist and Client are happy with.

If a complaint cannot be resolved with an outcome that is satisfactory to both the Artist and the Client, then both parties should seek legal advice on how best to settle the issue.

The Agent is not responsible for the Artist or the Client but will attempt to settle disputes quickly, efficiently and fairly.

Complaints that may arise from arrangements that were made outside of the Confirmation Contract and / or outside of the knowledge of the Agent must be settled between the Client and Artist exclusively and will not be mediated by the Agent in any way. This will also be seen as a breach of these Terms and Conditions and could lead to both the Artist and Client being removed from the Booking System and legal action.

7 CANCELLATIONS
Cancellation by either party is not allowed once the Confirmation Contract has been distributed except where Section 10 Force Majeure applies or in the case that both the Artist and the Client mutually agree to cancel the booking. In this case the Artist must contact the Client and ask them to cancel the gig using the Booking System’s ‘cancel now’ option.

In both cases, Force Majeure and Mutual Consent Cancellation, the forfeiture of the Event Commission by the Artist will result.

Both parties agree that in the event of a cancellation, the Agent must be informed immediately; cancelling via the Booking System is deemed as notifying the Agent.

Cancellations that are not Force Majeure or Mutual Consent Cancellations

Artist Cancellations

In the event that the Artist does cancel, the Agent will inform the Client as a matter of priority and begin the process of finding an alternative Artist for the Event. This work will be conducted at no extra cost to the Client. Please note, whilst a rare occurrence, it is a possibility that a Replacement Artist may not be found.
Where time allows and the Client has agreed on a Replacement Artist, the Confirmation Contract will be reissued to reflect all changes to the planned Event. Where time does not allow (i.e. on the day of the Event) and the Client is not happy to accept the Replacement Artist, the Client must ensure that the Replacement Artist does not play or they will be liable to pay the Total Fee to the Replacement Artist.

Client Cancellations

In the event that the Client does cancel, the Agent will inform the Artist as a matter of priority and begin the process of finding an alternative Event for the Artist to perform at, within their eligibility criteria (i.e. distance from home etc.). This work will be conducted at no extra cost to the Artist. Please note, whilst a rare occurrence, it is a possibility that a replacement Event may not be found in which case the Booking Commission will be returned to the Artist in full or a credit created on the Booking System for future use.

In the event that the Client or Artist cancels without Force Majeure or Mutual Consent Cancellations, the affected party (Client or Artist) may pursue legal action for losses incurred.

In this event, the cancelling party will be liable for a fee which must be paid to the Agent within 30 days;

Artist Cancellation: Artist is still liable for a proportion of the total Event Commission (see below).

Client Cancellation: Client will be liable for a Cancellation Fee (see below).

Additionally, the Artist must reimburse the Client for any reasonable cost differences between the Total Fee for their performance and the Total Fee for the Replacement Artist as arranged by the Agent.

IMPORTANT - CANCELLATION FEE

Where the Artist or Client has cancelled the Event or Performance for reasons other than those outlined in Section 10 Force Majeure or through Mutual Consent Cancellation, Cancellation Fees shall apply at the following rates:

ARTIST CANCELLATION

- Where cancellation is made and there are 30 days or more before the Event, there will be no Cancellation Fee.
- Where cancellation is made and there are 14 - 29 days before the Event, the Artist will be required to pay the Event Commission in full to the Agent.
- Where cancellation is made and there are less than 14 days before the Event, the Artist will be required to pay 100% of the Event Commission to the Agent plus a late cancellation fee of £25.

CLIENT CANCELLATION

- Where cancellation is made and there are 30 days or more before the Event, there will be no Cancellation Fee.
- Where cancellation is made and there are 14 - 29 days before the Event, the Client will be required to pay 20% of the Total Fee to the Agent, unless another Event is found.
- Where cancellation is made and there are less than 14 days before the Event, the Client will be required to pay 50% of the Total Fee to the Agent, unless another Event is found.

All Cancellation Fees must be paid directly to the Agent within 14 days of cancellation.
All payments made via the Agent are subject to VAT being added at the current standard rate.
50% of Client Cancellation Fees will be paid directly to the Artist, except where a replacement Event is found.
50% of Artist Cancellation Fees will be paid directly to the Client, except where a Replacement Artist is found.

Where the Cancellation Fee is not paid within 14 days, the Artist may take legal action to recover any losses incurred. Any additional charges incurred after non-payment of the Cancellation Fee will be added to the Total Fee due and must be paid by the defaulting party who will be legally liable for payment.

8 PERFORMANCE SCHEDULE CHANGES
Where it is not possible to edit the Confirmation Contract before the Event (i.e. on the day of the Event itself), any changes must be agreed between the Artist and the Client.
If the issues can be resolved by changing the time of the Performance (i.e. making it later / earlier) then this should be agreed upon. We advise that this is in writing and signed by both parties. Depending on the party at fault, a surcharge may be added to the Artist’s overall price, or a deduction may be made to the Client’s Total Fee.

If the timings of the Event are running behind schedule, and no prior agreement has been made to change the time of the Performance, the Artist is still entitled to finish their Performance at the agreed time, and will be entitled to full and complete payment of the Total Fee; it is advised that the Artist and Client discuss this on the night and come to an agreement without the need for the Agent’s involvement.

If the Client wishes for the Artist to play for longer than stipulated in the Confirmation Contract (i.e. play an extra 45 minutes), a satisfactory surcharge must be added to the Artist’s Total Fee. This should be paid on the night. The Artist is under no obligation to agree to these changes, and if declined, the Artist is still entitled to their full payment.

Any changes to the Confirmation Contract should be recorded, in writing, by both parties and signed and the Event Commission should be edited accordingly by contacting the Agent within 24 hours of the Event.

9 USE OF ALTERNATIVE PERFORMERS (“DEPS” OR DEPUTY PERFORMERS)
Wherever possible, the Artist should use the same lineup as represented to both the Agent and the Client. If the need does arise to need to swap this lineup, then it is the Artist’s responsibility to ensure that deputy performers are of equivalent or superior ability, and that the deputy players used will fit in with the overall image, sound and feel that has been represented on the Booking System, to the Agent and to the Client.

The Artist should let the Client know of these changes as soon as practicably possible, and in any event, at least 1 hour prior to the start of the Performance.
If a suitable deputy performer is available, the Artist will use them instead of cancelling the booking.
A reduction in fee for the use of a deputy performer is not applicable, nor does it constitute grounds for cancellation of the Event / Performance; unless the Artist being replaced is of significant celebrity or the deputy player is not of satisfactory quality.

10 FORCE MAJEUR
No party shall be liable for any failure to perform its obligations where such obligations are not met due to an Act of Nature, war, terrorist activities, death, illness or other incapacity reasonably certified by a medical professional, epidemic, civil commotion, accident, order of Government or Local Authority having jurisdiction in the matter or changes in law.

Any party wishing to assert Force Majeur so as to negate liability shall hold the burden of proof, and must prove that they took reasonable steps and preventative action wherever possible to counteract the circumstance. If successfully proven, any Cancellation Fee from Section 7 shall be unenforceable.

11 MISCELLANEOUS PROVISIONS
For a period of 24 (twenty four) months from the date of the Event, the Client must negotiate any further bookings with the Artist via the Agent.

For a period of 24 (twenty four) months from the date of the Event, the Artist must negotiate any further bookings with the Client via the Agent.

The Artist agrees to refer all potential bookings, enquiries or Clients from a TRAMP Co. event to the Agent.

Where this does not occur, and the Artist attempts to exclude the Agent, the Artist shall be removed from the Agent’s roster as well as the Booking System whilst remaining liable for any commissions against successful future bookings. The Agent will pursue any and all commissions.

12 EVENT DETAILS and BOOKING CONTRACT
EVENT DATE:
EVENT TYPE:
EVENT ADDRESS (Inc. Postcode):

ARTIST ARRIVAL TIME:
ARTIST SET UP TIME:
ARTIST START TIME:
ARTIST END TIME:
PERFORMANCE SCHEDULE: 1 x 60 minute set during the day followed by 1 x 45 minute and 1 x 60 minute set during the evening.
ADDITIONAL INFORMATION:

Please refer to this document for a detailed account of Client and Artist responsibilities.
The Artist must contact the Client between 2 and 4 weeks before the Event to confirm the Confirmation Contract’s details.
TRAMP Co. should be notified of any contractual changes as soon as practicably possible, and in any event at least 1 week prior to the Event.
Unless indicated, the Artist must provide a full PA system, lighting, equipment and interval music. All equipment must be PAT tested within 24 (twenty-four) months.
The Artist must uphold his obligations in line Section 5 ‘Artist Responsibilities’ above.
The Client must uphold his obligations in line Section 4 ‘Client Responsibilities’ above.
The Client must provide the Artist with an emergency contact number for the day of the Event.
Once a booking has been confirmed via the Booking System it is assumed that both the Client and the Artist are satisfied with these Terms and Conditions. The Agent will send a Confirmation Contract to both the Client and the Artist detailing the confirmed details of any Event.

In case of emergency outside of office hours, please contact Adam Warriner on 07792251192.


Appendix
1 - Live Music Info
Entertainment Licensing: https://www.gov.uk/guidance/entertainment-licensing-changes-under-the-live-music-act
Live Music License: https://www.gov.uk/live-music-licence
Live Music Act: http://www.ukmusic.org/policy/live-music-act/


Privacy

Information we hold on you:

We will only hold customer data which is given to us by that party or a party acting with permission. The information may include but not restricted to name, business, address, telephone and email, URL, company name and company type.

If we are in possession of your personal information through a third party then we have been given permission to hold or process that data by the third party.

2. In compliance with the Data Protection Act of 1998, you are able to request the following from www.trmp.co.uk.

a) Do you hold or process personal information about me.

b) Request what information is held or processed about me.

c) Request a copy of the information Tramp Co hold about you.

d) Ask about the source of the information.

If you would like to request any of the following information about yourself (known as a subject access request) you can do so by following the instructions below.

Write to:

TRAMP OFFICE 
Darwen Road
Bolton
BL7 9JD
United Kingdom
England

With a formal request to know about all the information we may hold about you.

In line with the Data Protection Act you must send;

a) £10.00 made payable to Tramp Co.

b) An address which your SAR's request will be posted back to you.

c) A copy of your Identification which will identify you. Do not send any actual documents, copies will be sufficient. You agree that by sending your identification to Tramp Co will be at your own risk and Tramp Co will be held not liable in the event of loss or damage to these copies. If we are in any doubt as to the identity of the individual, you hereby give Tramp Co permission to contact you and if required ask for additional information to confirm your identity.

d) Please allow at least 40 days for the information to be sent back to you.


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