http://www.cocktailsandscreams.co.uk/Terms.htm

 

 

1) Event Managers/Organisers/Promoters Booking Terms:

i) Deposits:

On making a booking with Cocktails and Screams, our sister companies (a list of which will be provided on request) or our founders you will be required to pay a 50% retainer deposit. This deposit ensures that the booking will take place, it also covers (in part or whole) any materials that need to be purchased by us for the event and acts as a booking retainer for any artistes working the event. This deposit is non-refundable if the booking is cancelled by you (hereafter referred to as the client) less than 30 days before the event (extenuating circumstances may be an exception). In some extreme circumstances a charge may still be due even if a venue is cancelled with more than 30 days notice i.e. a third party has been instructed to make a piece of equipment or a prop, an artiste has been booked from another agency, a famous artiste has been booked, etc. if the booking is cancelled by ourselves the deposit will be returned to you (the client). If no deposit has been paid within 7 days of the booking of an event an invoice will be sent to the client by email requesting immmediate payment of such amount; if no response is received within 48 hours this will be deemed as a breach of contract (whether verbal or written) by the client and all of Cocktails and Screams (their sister companies and the founders) obligations to the client will cease and an email will be sent to the client stating this. In the case of extremely short notice bookings the client will be instructed how to pay the deposit to us.

ii) Full Cleared Balance of Account:

This must be paid in full (and cleared through any banks) at least 14 days before the date of the event.

 

2) Cocktails and Screams acting as an Employment Agency or Employment Business:

i) Cocktails and Screams may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Cocktails and Screams 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.

ii) When acting as an Employment Agency:

a) Cocktails and Screams acts as negotiator only and is not a party to the resulting contract. For this reason Cocktails and Screams cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, Cocktails and Screams will replace the act or engagement with one of similar price and quality providing retainers and/or deposits have been paid by the client..

 

3) Commissions:

i) Cocktails and Screams seeks to negotiate agreements for The Artiste in those branches of the entertainment field for which The Artiste is suited by reason of his/her talent and ability.

ii) Artistes Fees and Agency Commissions:

a) For the provision of their service Cocktails and Screams charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste, in accordance with our Commission Policy. Cocktails and Screams will also collect (as necessary by law) any applicable tax (for example VAT) which is due under English Law. The charge may be made to either the Artiste or Event Organiser/Promoter subject to the negotiated acceptance of the party in question.

b) Cocktails and Screams Fee (commission) is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission under any circumstances.

c) 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.

d) Where charged to the Promoter the fee (commission) is normally payable in advance and is always non-refundable.

 

4) Cancellations:

Cancellation of any contract negotiated through Cocktails and Screams is not normally possible without the agreement of all concerned parties, unless any of the paties are deemed in breach of contract, i.e.the client or venue has not paid any deposits, retainers or balances due, the artiste has no relevant certificates, etc. In the event of cancellation by any party without cause of illness, or other unavoidable circumstances, Cocktails and Screams reserves the right to levy a charge of up to 25% 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.

 

5) Cocktails and Screams acting as a negotiator:

i) Cocktails and Screams normally acts as negotiator only and as such may not enter into agreements on behalf of third parties. If at any time Cocktails and Screams 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.

a) Cocktails and Screams 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.

b) 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.

c) 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 Cocktails and Screams and have their name and details removed from any promotional materials issued by the Agency they can give a minimum of 28 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.

d) 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 Cocktails and Screams promptly and in accordance with these Terms and Conditions of Business.

ii) When acting as an Employment Agency:

a) Cocktails and Screams is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement including the obligation to pay the contracted fee to the Artiste when it is due.

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 Cocktails and Screams 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.

 

6) Commission and monies owed to Cocktails and Screams:

i)

a) Commission and monies owed to Cocktails and Screams 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.

b) 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.

ii) Artiste Self Promotion:

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 and conditions of business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect. In the case of Artistes 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.

 

 

Disclaimer: We make every effort to check the credentials and authenticity of all our artists. If you are at all dissatisfied with the service and/or artists we have provided please notify us within 24 hours so that we may investigate. Please note: Cocktails and Screams, its proprietors, staff, employees and associates will not accept any responsibility for any accident, damage, theft to person, persons, belongings or equipment whilst attending any function on your premises. You should ensure that you carry adequate public liabilty and personal indemnity insurance. The psychic services provided are for guidance only. They are in no way intended to stop you from exercising your own free will. If you have a sitting with a Medium you are reminded that 'spirit' can only advise you, any decisions you make as to how you conduct your life are entirely your own. The Medium/clairvoyant / psychic may give you information that could bring about positive change in your life but any choices you make are your own personal and legal responsibility. You have sought the services provided for yourself and assume full responsibility for your decision. In proceeding with a reading or sitting you are agreeing with the contents of this disclaimer. Please understand that all types and forms of complementary therapies are not intended to replace allopathic/traditional medical treatment and care. They are intended to work side by side with these treatments. Nor are they intended to replace proper diagnoses and/or treatment by a qualified medical practitioner.
Therefore you accept that no specific results can be guaranteed by the therapist/practitioner and that any guidance given to you is for you to consider only. Any decisions and choices that you make as a result of that guidance or any consultation are your own legal and personal responsibility, both now and in the future. You take full responsibility for understanding and agreeing to the terms as outlined above. You further accept that the consultation offered to you is not intended as a replacement for conventional medical treatment, but is a complementary therapy that is intended to work side by side with conventional medical treatment. Furthermore, you accept full responsibility for your own wellbeing and for reporting your Physical and Psychological health to your own GP/family doctor/consultant. To meet with Government legislations we have to state that these srvices are offered 'for entertainment purposes only'.

All contents © copyright to B.Diskin and M.Timmins and must not be copied in part or whole without prior written permission from the site and business owners.Cocktails and Screams is a Trade Mark and is © 2012 (copyright) to Brenda Diskin and Mick Timmins, Spooktacula's Circle of Friends, Sheffield Paranormal Investigations and South Yorkshire Healers Copyright applies to all pages and contents.