Terms and Conditions for Performers

DEFINITIONS

‘Client’ – person or organisation paying for the booking and putting on the event.

‘Agent’ or ‘Agency’ – Justin Higham trading as Sorcerers’ Agency.

‘Performer’ – the contractor who accepts the booking from the Agent and performs at the Client’s event.

BACKGROUND

The Agent will act to liaise between the Performer and Client for one job only as specified in the Performer Assignment Schedule.

The Performer is not and will not be an employee of the Agent or Client but an independent, self-employed contractor.

TERMS OF AGREEMENT

BOOKING

1.1 A job offer will be sent to the Performer via text or email (occasionally by phone or in person). When the Performer confirms availability, this is a provisional acceptance of the job. The Performer promises to reserve that date and time for this job for a period of 12 hours from the time of provisional acceptance. After 12 hours, if the Agency does not confirm the booking, the Performer is free to un-reserve that date/time and keep it open for other job offers (including those from outside the Agency).

1.2 During the 12-hour reservation period the Performer may not book other jobs which replace, overlap or interfere with their attendance at the reserved (provisionally accepted) job. Hedging – provisionally accepting 2 jobs on the same date/time and then taking whichever booking confirms first (or pays higher) – may adversely affect the Performer’s relationship with the Agency if it breaks the 12-hour rule. Hedging outside the 12-hour reservation period is allowable but Performers must inform the Agency of the situation.

1.3 When a Client makes a booking confirmation, the Performer will be contacted by the Agency to confirm the booking. Booking confirmations received within the 12-hour reservation period (see 1.1) must be accepted and confirmed by the Performer, so as not to break the 12-hour rule. Booking confirmations received after the 12-hour reservation period must be confirmed or denied by the Performer within 4 hours of being contacted by the Agency, otherwise the booking may be offered to another Performer.

1.4 Any booking confirmed in person, verbally or in writing (electronic or handwritten) by the Performer forms a contract between the Performer and the Client to provide performance services for the Client as per the Performer Assignment Schedule provided by the Agent.

1.5 The Performer must be available for up to 2 hours from the agreed start time, even if the booking is previously confirmed for less than 2 hours. This is to provide the client with flexibility for their event schedule.

1.6 Once the Performer accepts a booking they agree to fulfill that booking to the best of their ability.

1.7 The Performer agrees to abide by the Agent’s company conditions at all times during contact with clients.

1.8 In the event of illness or accident before or at the event the Performer will inform the Agent immediately unless physically prevented by said illness or accident from so doing.

1.9 The Performer is personally liable for any damage personally done to spectator’s clothing, possessions or the event premises.

1.10 Any damage caused by the Client, Client guests or their associates to the performer’s clothing or possessions shall be a private matter between the Performer and the Client, as shall any lost property of the Performer at the event.

1.11 Photos or videos of the Performer taken by Clients or others are deemed the ownership of the Agent, but permission will usually be granted by the Agent for the Performer to use said images/videos on their own website and promotional materials.

1.12 The Agent will not be held responsible for any breach of contract by either the Performer or Client.

PAYMENT

2.1 Invoices for work done must be presented by the Performer to the Agent after the event.

2.2 Payment of invoices by the Agent shall be made in one lump sum in GBP Pounds Sterling no more than 30 days after date of invoice unless otherwise agreed in writing in advance. The amount shall be the pre-agreed price minus agreed Agency admin fees, plus any relevant travel expenses at agreed cost price.

2.3 Payment shall be made into the Performer’s PayPal account or bank account as indicated on their invoice.

2.4 The Performer shall be reimbursed for travel arrangements as previously agreed with the Agent.

i. If said arrangements change due to personal choice of the Performer (eg, ‘prefer to call a cab than take a train’) then the Performer shall personally pay for said travel over the pre-agreed amount.

ii. If said arrangements change due to unforeseeable circumstances, the Agent shall pay 50% of the extra travel expenses over the pre-agreed amount.

DATA

3.1 The Performer agrees to abide by Data Protection Laws with regard to

i. Customer Persona Data.

ii. Agent Company Data.

3.2 The Performer may not contact the Client at any time after the event until or unless:

i. the Performer agrees to resign from offering future services to the Agent (they are ‘taken off the books’).

ii. there is a need to make contact specifically and only as per paras. 1.9 and 1.10.

CONDITIONS

4. The Performer agrees to abide by the following conditions of the Agent’s company:

i. No fire (eg, ‘burnt and restored’ etc) or flash paper (or similar) except on stage without spectators also assisting on stage.

ii. No confetti (eg, ‘snowstorm in China’ etc).

iii. No borrowing of jewelry or other items of significant worth estimated at over £20 from spectators/clients for use in effects.

iv. No effects or props that might lead minors to ‘try something dangerous at home’ (eg, ‘sword thru neck’ etc).

v. No effects involving the consumption of food or drink by spectators (eg, ‘any drink called for’ etc).

vi. No offensive material(s).

vii. No consumption of alcohol or narcotics by the Performer before or during the event; or immediately after the event whilst still on the premises unless invited to do so by the Client.

INSURANCE

5.1 The Performer must be covered by Public Liability Insurance prior to accepting any bookings from the agent.

Justin Higham trading as Sorcerers’ Agency, 4 Vanbern House, 83–85 Prince of Wales Road, London, NW5 3LY, United Kingdom