Terms & Conditions

December 10, 2015 Mike Costello

Disclaimer Of Liability

These are the Terms Conditions of the Costello Entertainments website and every care has been taken in the preparation of the content of this web site. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this web site.

In accordance with these Terms Conditions permission is given to view, print and save the material on this website for your personal reference. Permission is not granted for you to copy, modify, use, distribute or create any derivative works, unless you obtain the express written permission of Costello Entertainments.

In accordance with these Terms Conditions, the publication of Celebrities and Artistes names, photographs or biographical information on this website does not imply that Costello Entertainments has any management rights. We act as an independent Agency in the conduct of our business.

In accordance with these Terms Conditions, all Celebrities and Artistes are offered either by arrangement with the Celebrity or Artiste direct or by arrangement with their respective Management or Agent subject to availability and contract.

General Information And Terms Conditions

This section of our Terms Conditions attempts to explain in plain English the way that Costello Entertainments as a reputable Agency works, and the specific ways in which the Terms of Business of Costello Entertainments and the Agreements between Artistes and Employers affect those concerned.

Contracts

Contracts may take various forms – verbal, a signed contract, etc., but in ALL cases are legally binding agreements. It is a popular misconception that a contract must include a signature. THIS IS NOT THE CASE.

In accordance with these Terms Conditions Costello Entertainments believes that all Artistes and Employers are entitled to PROPER WRITTEN CONTRACTS for EVERY booking.

In accordance with these Terms Conditions when Costello Entertainments issues a Contract, it will clearly identify the Artiste, the Employer, Venue, the Date of the Engagement, the Arrival, Set-Up, Performance Duration and Performance Times, Fee, method and timing of Payment together with any relevant information.

In accordance with these Terms Conditions if you think that any of the information is incorrect or unacceptable in some way, you must inform Costello Entertainments IMMEDIATELY.

In accordance with these Terms Conditions it is also very important that Artistes observe all of the conditions laid down in the contract. For example, late arrival at a venue constitutes a breach of contract and could considerably weaken the Artiste’s position in any subsequent dispute with the Employer. Artistes are advised to telephone Costello Entertainments and the Employer in the event of a delay or breakdown on the way.

Pre-Payments

A pre-payment or booking fee may be necessary for certain artistes and certain types of booking, and in some cases stage payments or a pre-payment may be the preferred option of the Employer. The Employer will be advised if a pre-payment is required at the time of booking, and the booking will only be confirmed once you have agreed to the amount, payment method and due date of the pre-payment and balance.

Unless otherwise agreed with you pre-payments or booking fees will be passed directly to the person, entity or organisation entitled to receive them.

Cancellations

Once the Artiste and the Employer have entered into an agreement, there is no provision for any cancellation unless agreed by both the Artiste and the Employer, duly notified to Costello Entertainments and confirmed in writing.

There are, nevertheless, many instances of Artistes, Employers and even other Agents “cancelling” for a variety of reasons, sometimes at little or no notice. THIS IS A BREACH OF CONTRACT and can leave the cancelling party open to a claim for compensation.

People often think that if they do opt to cancel an engagement which they have previously agreed to accept, they do not have to pay a fee to the Agent. Once again, this is a popular misconception.

The Agent has already provided his service in the form of telephone calls, preparation of documentation, completion of booking forms, production of publicity material, postage, etc., possibly in conjunction with another Agent with whom he has a subsidiary agreement. This service costs money, and if the event is cancelled Costello Entertainments has to do the work all over again in order to confirm the cancellation.

Costello Entertainments therefore reserves the right to make a charge against the cancelling party in these circumstances. Where a pre-payment has been made, Costello Entertainments will distribute the funds firstly to any cancellation charges agreed and then to any other payments due. Any balance remaining will be returned to the Employer within 7 days, and any balance due must be paid to Costello Entertainments within the same period.

Prepayments, booking fees or commission payable to Costello Entertainments by the Employer or Artiste are non-refundable as the service for which the charge has been made has already been provided by the time of payment.

Illness

In the event of Illness or Accident resulting in the Artiste being unable to fulfil the engagement, a medical certificate from your Doctor in the case of illness or third party confirmation (typically an AA or RAC report) in the case of accident or breakdown without injury, must be submitted within 4 (four) days.

Costello Entertainments reserves the right to make a charge equivalent to the commission payable in the event that no such certification has been received within four days, this charge being payable by the Artiste.

Extensions Of Bookings

Any extension of bookings agreed with and paid for by the Employer will be subject to a similar rate of commission or charge to that agreed for the original contract duration.

Re-Engagements And Subsequent Engagements

If the Artiste accepts any re-engagement with the Employer / Venue within twelve months of the completion of the original engagement such engagement shall be deemed to have been negotiated through Costello Entertainments and be subject to a similar commission or charge. The Terms and Conditions applying to the original contract will apply to all such re-engagements unless otherwise agreed in writing.

If this clause is breached, Costello Entertainments may seek to recover their loss from either the Employer or the Artiste. Similarly any additional engagement arising entirely from an engagement negotiated through Costello Entertainments must be contracted by Costello Entertainments, and a similar commission or charge will be payable.

Terms Of Business

1) Costello Entertainments may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Costello Entertainments is acting for each booking will be made clear to all concerned parties prior to the completion of negotiations, and will be clearly shown in the documentation issued.

2) When acting as an Employment Agency:

a) Costello Entertainments acts as negotiator only and is not a party to the resulting contract. For this reason Costello Entertainments cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, Costello Entertainments will replace the Artiste or engagement with one of similar price and quality.

b) Costello Entertainments seeks to negotiate agreements for The Artiste in those branches of the entertainment field for which The Artiste is suited by reason of his talent and ability.

c) For the provision of this service Costello Entertainments charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, in accordance with our Commission Policy Statement. Costello Entertainments will also collect any applicable tax (for example VAT) which is due under English Law. The charge may be made to either the Artiste or Promoter subject to the negotiated acceptance of the party in question.

d) The Fee (commission) is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission in any circumstances.

e) Where charged to the Artiste, the fee (commission) will still be due if the artiste fails to appear, said non-appearance being as a result of any action or inaction of the artiste.

f) Where charged to the Promoter a fee is normally payable in advance and is always non-refundable.

g) Cancellation of any contract negotiated through Costello Entertainments is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, Costello Entertainments reserves the right to levy a charge of up to 20% of the agreed fee against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract.

h) Costello Entertainments normally acts as negotiator only and as such may not enter into agreements on behalf of third parties. If at any time Costello Entertainments is authorised to enter into agreements on behalf of the Artiste or the Client for any individual booking, such authority will be made known to both parties during the negotiation.

i) Costello Entertainments may receive fees due to the Artiste (for example in the event of a no pickup booking or in the course of arriving at a dispute resolution) but must account to the Artiste for any such payments that it receives.

j) Agreements are made separately for each booking, and there is no requirement for any Artiste to accept any booking offered. The Artiste can therefore end the relationship by simply not accepting any further bookings and the Agent can end the relationship by not offering any such bookings.

k) If any Artiste seeking employment under a normal non-exclusive agency representation agreement (i.e. who has not signed under a management or sole representation contract) should wish to cease being represented by Costello Entertainments and have their name and details removed from any promotional materials issued by the Agency they can give a minimum of 30 days notice in writing. From that point no further promotional materials featuring the Artiste will be created, but it must be understood that it is not possible to remove information from hard copy products already published.

l) The Artiste will be required to honour any and all contracts negotiated and accepted prior to the expiry of such written notice. The Artiste must undertake to ensure that any ongoing commission or other financial remuneration due is paid to Costello Entertainments promptly and in accordance with these Terms of Business.

3) When acting as an Employment Business:

a) Costello Entertainments is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement.

b) The fee payable to the Artiste will be that fee agreed by him or her and duly indicated in the contract.

c) No charge other than the contracted fee is made.

d) The Artiste will be employed under a contract for services.

e) Any contract entered into between Costello Entertainments and the Artiste will be for an agreed period (normally one performance) and will not provide for cancellation by either party.

f) Since the Artiste will be either self-employed or an incorporated body there is no entitlement to Holiday Pay or any payment in lieu thereof.

4) Commission and monies owed to Costello Entertainments shall be remitted within 7 (seven) days of the engagement or as otherwise stated in the written confirmation. This agency reserves the right to deduct monies owed to the agency by any individual Artiste from any monies due to that Artiste, and forward any balance.

5) In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the signing of a written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records.

6) The display and / or presentation of any artiste’s address and / or telephone number at an engagement negotiated through this agency shall be regarded as a breach of contract, and may render the Artiste liable to pay severe damages in respect of that breach.

7) Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect. The document “Commission Policy” forms part of these terms, and must be read and construed as such. All contracts to which these conditions apply shall be construed in accordance with English Law.

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

9) Whenever the context so admits, words importing the masculine shall include the feminine and the singular number shall include the plural and vice versa as appropriate.

Not found the answer to your questions? Try our FAQ’s for further information or contact us at mike@costelloentertainments.co.uk Alternatively, call us on 0161 703 8737. Our opening hours are 9.30am-6pm Mon-Fri.

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