TERMS & CONDITIONS OF BUSINESS - (V 230413)
Herewith a copy of Night Train’s General terms and conditions.
Please take the time to read this data as it contains legal stuff that is bound to affect you in one way or another. These cover the areas of event production and management, all structural, set and technical provision, video, multimedia and Digital Production, entertainment, print and graphics provision as well as some data pertaining to venues and other aspects to our working practices. All internal and contractual procedures are also covered such as financial and legal commitments and orders of procedural conduct.
Other documents that these Ts & Cs are sometimes attached to include Ts & Cs specifically for entertainment contracts and also for our medical services when more isolated or specific contracts are commissioned. Please ask for any of these documents if you need further information.
Obviously we simultaneously know that wads of stuff like this all over the world never gets properly read prior to a contract’s fulfillment so we make as much allowance for this as we can during the course of any contract you experience at Night Train by educating and alerting you as we go in order to preempt unpleasant surprises - however, as we have learned in the world of events, special contracts and multimedia, the pace of things can really pick up towards delivery of our services, and, as a result, especially if you are new to us, various working practices can slip through the net.
If we work with you, this information will form part of a legal commitment, a straightforward definition of our services and a description of our working practices.
We ask that you, as client to Night Train, sign a copy of these Ts & Cs when we begin any contractual engagement.
DEFINITIONS - What we mean by the words we use
a. “the Company” is Night Train Productions Ltd – herein called NTP
b. “the Client” is the legal person or organisation who has agreed to trade with NTP
c. “the Terms” are the terms and conditions of Trading contained herein
d. “the Contract” refers to the event, service or project that is being provided by NTP on behalf of the Client under either a written or sometimes verbal agreement
e. “the Physical Product” means the furniture, structures and facilities, consumable products such as flowers or stationery either purchased, sub-hired or hired and thereby specified and provided for the contract
f. “equipment” refers to electrical, mechanical or otherwise functional systems and facilities either sold to the Client by NTP or owned and sub-hired by NTP to the Client as specified and provided for the Contract
g. “dry hire” refers to equipment that is hired from NTP without NTP staff presence during shipping, installation or operation or at any time where NTP staff are not required to be on site during a hire period
h. “the Service Product” indicates the work done by the staff of NTP to provide fulfillment of the Contract
i. “Digital Product” means all recorded media, video, data, graphics, text and digital print material such as databases, PDF files and design documents (either owned by NTP, the Client or controlled by intellectual property rights management from a third party) stored, or manipulated on NTP’s computer equipment for the purposes of contract fulfillment
j. “the staff” means the employees of NTP supplied to the Client whether they be on a full time employment agreement or freelance contractors hired for the purposes of the Contract or contracts
k. the Artist means performer, musician, dancer, actor or other person or group of people employed by NTP for the purposes of the contract
l. “brief” means an initial or detailed brief from the Client to NTP requesting for work to be quoted for or otherwise executed by way of or pertaining to the Contract or group of contracts
m. “quotation” means an offer by NTP, often for a fee, to provide services in order to fulfil a contract
n. “order” means an acceptance by the Client for NTP to conduct services as quoted for the purposes of contract fulfillment. This is sometimes referred to as a “sign off”
o. “Scope Shift” means occasions where the Contract’s requirements change as a result of Client circumstance after the order is signed off requiring changes to contract work already in production
p. “Addressee” means the Client, or representative of the Client to whom Physical Product, Digital Product and Service Product is addressed to
The Headings in these terms and conditions, the introduction paragraph above and any of the accompanying branding are for ease of reference only and shall not be taken into account in the construction or interpretation of any clause to which they refer.
GENERAL These are our general Ts & Cs for everything
G1. The placing of an order by the Client and the acceptance of that order by NTP brings into being a Contract on NTP terms and conditions as detailed in the following paragraphs.
G2. In addition to these terms and conditions, any special terms and conditions agreed between the Client and NTP prior to the Client signing these terms and conditions shall apply. Where there is inconsistency between terms agreed verbally and terms recorded herein (which have been signed by the Client) the terms herein shall prevail.
G3. All orders shall be in writing either on an NTP order form or the Client’s official order form or letter head, and shall be signed/initialed by the Client, or in the case of a company, by a responsible person representing the Client.
G4. In exceptional circumstances and entirely at its own discretion NTP may accept an order given within the text of an email or verbally by the Client who has had notice of these terms and conditions; these terms and conditions shall apply equally to an order given and accepted albeit digital, verbal or in any other way unsigned.
G5. In the case of NTP accepting an order verbally, the Client shall confirm such an order in writing as soon as is practical. In the absence of written confirmation NTP will not accept liability for any error in executing the order.
G6. NTP reserves the absolute right to refuse any order whatsoever and for whatever reason. Particularly in cases
where NTP has reason to believe that acceptance and execution of the order will lead to a breach by NTP of the laws of obscenity, libel or copyright, or to the aiding and abetting of such a breach by any other part.
FEES AND PAYMENTS - definitions and instructions for how we bill you and how you must pay us - including procedures, taxes and periods of time
G7. The fee payable by the Client for the execution of any order shall be in accordance with NTP fee ruling at the time of the acceptance of the order. NTP reserves the right to alter its rate card and individual quotation fees at any time and without notice.
G8. Unless otherwise agreed, NTP reserves the right to make additional charges when completion of an order is requested/required should costs exceed those originally quoted.
G9. A day is defined as a continuous eight-hour period within 24 hours; travel and time are charged from base to base. Hours worked in excess of the agreed quotation / estimate will be charged at a negotiated rate.
G10. The rate card published and quotations issued from time to time by NTP are all exclusive of Value Added Tax. Value Added Tax will be added to all charges at the current rate.
G11. NTP reserve the right to pass the cost to the Client of VAT charged by suppliers, other than UK suppliers, whether or not in the EU, if NTP is charged. NTP is required to charge UK VAT if services are booked in the UK for a UK company. Please ask for our full terms and conditions with regard to charging for VAT for overseas Clients (IE out with the UK) or contracts that occur overseas where costs are accrued off shore, out with the EU or further afield.
G12. All estimate / quotation prices are in GB Pounds. Goods and services supplied from other countries will be calculated at the prevailing current rate of the Euro or other currency at the time of the event. NTP reserve the right to pass on to the Client exchange rate fluctuations in excess of 1% of the rate shown at the date payment is made or received.
G13. Payment terms shall be “payment with order” or “payment on delivery” at the discretion of NTP, unless a payment schedule has been agreed by NTP and the Client in writing. Normal 30 day credit account facilities can be organised for standard contracts out with payment on delivery agreements.
G14. With regard to a 30 day credit account, and unless agreements are made specifically to the contrary, NTP require payment of as follows: 50% with immediate effect once a quotation is agreed and the remaining 50% (along with any additional expenses) to be paid 30 days following the final invoice.
G15. The payment schedule is to be agreed by both NTP and the Client in writing.
Charges over and above agreed initial quotation
G16. Any additional charges or third party costs levied to NTP for undertaking or fulfilling the Contract will be added to any Contract invoices, itemised and forwarded for payment within 30 days of invoice date.
G17. All outstanding invoices shall be settled in full by the Client no later than 30 days from invoice date or at a time agreeable and accepted in writing by both NTP and the Client.
G18. Any account with an outstanding balance which is overdue by more than 60 days will be referred to a debt collection service. This may affect the Client’s credit rating and may lead to court action.
G19. Without prejudice to any other rights or remedies NTP reserves the right to charge interest on overdue accounts at the rate of 4% annum above the base rate of HSBC Bank on a month to month accumulative basis.
Methods Of Payment
G20. All cheques shall be made payable to Night Train Productions Ltd. In the event of a cheque not being honoured on presentation for what ever reason NTP reserves the right to charge an administration fee for each presentation and re-presentation of the cheque.
G21. Payment may be made by bank transfer (BACS) using the following details -
76 Hanover Street,
Account name: Night Train Productions Ltd.
Account number: 11050470
Sort code: 40-20-44
G22. Payment shall be made in Sterling currency unless otherwise agreed in writing by NTP. Where the client requires to convert sums due in payment to Sterling, HSBC Bank exchange rates as at the due date for payment will apply.
G23. NTP reserves the right to charge a deposit in respect of equipment hire. This deposit shall be paid prior to delivery of the equipment. If the deposit is not paid NTP reserves the right to withhold delivery and to exercise any rights or remedies available to it including default remedies under Clause G27 hereof.
NTP reserves the right to retain any deposits paid to them to account of other sums due and resting owing to them by the Client. The Client shall not be entitled to set-off any deposit paid against any demand for payment made by NTP.
NTP shall return deposits only when payment in full has been received by NTP.
G24. Where any discounts are agreed by NTP and the Client in writing these discounts shall apply only where payment is received by NTP by the due date. If payment is not made by the due date the discount shall be withdrawn and interest applied to the full amount due and backdated to the due date under Clause G13 hereof.
Disputes - how you fight with us
a. Any disputes on invoices must be intimated by the Client to NTP in writing within 10 days of invoice date. If intimation is made timeously NTP shall use its best endeavours to investigate the Clients claims. Where timeous intimation is not made NTP reserves the right not to accept any claims thereon.
b. Should the Client be dissatisfied with the performance of NTP, intimation thereof must be made in writing to NTP within seven days of completion of Contract. NTP will use its best endeavours to resolve any matters addressed by the Client provided timeous intimation is made.
G26. This Contract may be terminated forthwith by NTP if the Client:-
a. Being a Company shall:-
i. Pass a resolution for winding up (otherwise than for the purpose of a solvent amalgamation or re-construction where the resulting entity assumes all the obligations of the client under this agreement) and/or
ii. A Court shall make an order to that effect, or
b. Being a partnership shall be dissolved, or
c. Being an individual shall:-
i. Commit an act of Bankruptcy, or
ii. Shall die, or if the Client whether a company or not, shall cease to carry on its business or substantially the whole of its business or becomes or is declared insolvent.
G27. If the Client: -
a. Fails to pay when due any sum payable to NTP including any sum required by way of deposit, and/or
b. Fails to observe or perform any of the provisions hereof;
NTP may (without prejudice to any other right or remedy) after notice summarily cancel the Contract and/or withhold delivery of services; and/or stop equipment in transit; and the payment of the price of any equipment on hire or ancillary charges to that Client shall immediately become due.
CANCELLATION - how to cancel stuff you’ve ordered with us
G28. If the Client cancels the Contract or any part thereof or any hire order placed with NTP it shall be liable by way of liquidated damages for the payment of charges in accordance with the following:-
On or after delivery 100% of the total hire charge
24 hours from delivery 100% of total hire charge
48 hours from delivery 75% of the total hire charge
5 days from delivery 50% of the total hire charge
10 days from delivery 25% of the total hire charge
Where the Client cancels any order and such cancellation renders abortive any preparatory work done or expenditure incurred by NTP to meet the Clients requirements, then without prejudice to and notwithstanding the foregoing, a fair and reasonable cancellation charge shall be payable.
If the Client cancels a Contract involving the permanent installation of equipment, furniture or any designed or specified items which are deemed purchased goods - IE wherein the Client is contracted to take ownership of the equipment or installation in its entirety or in any part thereof, it shall be liable by way of liquidated damages for all charges pertaining to any equipment, furniture or hardware purchased or provided on behalf of the Contract by NTP up until the point of cancellation.
DESIGN, VIDEO PRODUCTION, MULTIMEDIA PRINT & PRODUCTION LIABILITY
SERVICE & Digital Product - when you hand us stuff, we’ll try and look after it.
G29. NTP will take all reasonable care in the handling and processing of all materials belonging to the Client.
G30. Subject to paragraphs G31 & G32 below, the liability of NTP for loss or damage to the Client’s materials, shall be limited to such loss or damage which, at the time the order was placed, could reasonably have been foreseen as likely to arise directly as a result of the loss or damage to the materials.
G31. Where original materials are deposited with NTP it shall be the Client’s responsibility to inform NTP of the value of such material either before or when they are placed on deposit. If the Client fails to inform NTP, the liability of NTP for the loss of or damage to any such material shall not exceed £50 per item.
G32. Where original materials are submitted to NTP in the form of computer disks or any other electronic or digital erasable media it shall be the responsibility of the Client to maintain their own master copy independently of the material submitted to NTP. On computer disk or other electronic or digital erasable media of which the Client does not have another copy, the Client shall inform NTP of that fact either before or when the material are submitted to NTP. If the Client fails to inform NTP, NTP’s liability for loss of or damage to any such material shall not exceed £50 per item.
G33. Unless otherwise specifically agreed by NTP in writing any date or time given for the completion of an order is a guide only. NTP shall not be liable to the Client or any third party organisation for losses arising from delay in completing the order.
Accuracy of Size and Colour Matching - you need to tell us how big and what colour
G34. Sizes quoted are nominal. It is the Client’s responsibility to inform NTP at the time of ordering if any dimensions are critical.
G35. The Client must accept that close colour matching is subjective and that totally accurate colour matching to 100% fidelity is rarely possible. However, NTP will endeavour to achieve the closest possible colour match within the limitation of materials and processes used. Where accurate colour matching is essential, the Client shall provide sample materials for use by NTP as colour matching guides. Pantone colours will be near matched where possible but ref. numbers must be given in writing.
Copyright - the stuff you give us and the fact that you’re responsible for the permission to use it
G36. It shall be the responsibility of the Client to ensure that all materials presented for processing, printing, copying, duplication, restoration or any other process of reproduction are free from any third party claims for breach of copyright or licence.
G37. By placing an order with NTP the Client certifies and warrants that:
(i) no copyright exists in the material(s) or
(ii) the Client is the owner of the copyright in the material(s) and that any reproduction by NTP will not infringe the rights of any existing licence or
(iii) the Client has the valid authority of the copyright owner (or of an existing licencee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.
G38. The Client acknowledges that the breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988.
Original Work Created by Night Train Productions Ltd. - stuff we’ve done that we own
G39. Where the terms of the order require NTP to create original works including Digital Product, the copyright in such materials shall be the property of NTP in accordance with the Copyright, Designs and Patents Act 1988. NTP shall grant to the Client (out with any specific Contractual terms) a licence to reproduce the materials in any quantity and in any part of the world for a period of three years from the date of the invoice. Any digital reproduction shall be carried out only by NTP. Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the Client and NTP.
G40. Where NTP creates Digital Product and/or original works for the purpose of Contractual production, proposal, quotation, illustration, example or suggestion, these works (including all drawings, fabrications, structures, artworks, video material, animations, descriptive text, photography, story lines, performance concepts, PR stunts, event programming, creative designs and layouts) are the sole property of NTP and may not be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or for any purpose, without the express written permission of NTP. At no point, without the express and written permission of NTP, none of the above original works may be shared with other parties other than the Addressee.
The information contained within Digital Product including any verbal description, presentation, document or submission emitting from any NTP employee or representative is subject to intellectual property rights management and will only represent a current view of NTP on the issues discussed as on the date of information delivery, distribution or publication with errors and omissions accepted. Such documents and submissions will be supplied for information purposes only and will have been prepared for confidential exposure only to the Addressee.
NTP make no warranties, express, implied or statutory as to any information within any of these documents or submissions.
NTP may well have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter within any document or submission. Except where expressly provided in any written licence agreement from NTP, the furnishing of any document or submission does not give any licence to these patents, trademarks, copyrights, or other intellectual property.
G41. All materials on which original works are created by NTP shall remain the property of NTP and NTP undertakes to file and store all such original materials safely and to make them available for future reproduction. Where NTP gives possession of original materials to the Client such material shall nevertheless remain the property of NTP and shall be given to the Client on free loan for the duration of the copyright licence. Prints (whether from negatives, transparencies or digital files) will become and remain the property of the Client. However the Client acknowledges that ownership of any physical materials such as prints, transparencies or digital files/disks does not imply ownership of the copyright of the images on them (which remains the property of NTP in accordance with paragraph G39 above) or any right to reproduce or authorise the reproduction of any such images by any means.
G42. Digital Product and original artwork which may be commissioned by a client for specific Contracts, events or other purposes and is described, noted and charged accordingly may become the property of the Client only upon specific written arrangement and is also subject to all outstanding payments having been received within the agreed payment period.
Artwork - accuracy for interpretation, it’s not our fault if you don’t check it
G43. The Client shall ensure that artwork sketches and specific instructions supplied by him/her or his/her agents shall be accurate, unambiguous and clearly legible.
Proofs & Additional Work
G44. Proofs may be submitted for Client approval. NTP shall not be liable for any errors that have not been corrected by the Client. Client alterations, other than alterations arising from mistakes on the part of NTP, may give rise to an extra charge. Equally additional work caused by omissions or ambiguity in the Client’s copy or instructions may also incur an additional charge. In either such case any additional charge shall be made, such reasonable amount as reflects the additional work which NTP has had to undertake.
G45. The completed materials produced by NTP shall correspond with the description referred to on the order form and with any approved sample, illustration, descriptive material or artwork save where such sample, illustration, descriptive material or artwork has been made available by NTP for illustrated purposes only.
G46. Metal, film, glass, computer disks and other materials used in the production or delivery of artworks shall remain the property of NTP. Such items, when supplied by the Client, shall remain as the Client’s property.
G49. Dispatch of completed material will normally be by First Class letter post, delivery by NTP own delivery service or any other carrier chosen by NTP or the Client. Where and when applicable, NTP will charge for postage, package and delivery. The carrier shall be deemed to be the agent of the Client and NTP shall not be liable for any loss or damage occurring while the completed materials are in transit.
G50. The Client shall inspect the completed materials on delivery and shall within five working days of delivery notify NTP of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample. If the Client so notifies NTP it shall return the completed materials together with all associated paperwork and packaging to NTP within seven working days of said notification. If the Client shall fail to notify NTP the completed materials shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the completed materials and the Client shall be deemed to have accepted the completed materials.
Creative Design, Research and Development, Pre-Production Proposal and Scope Shift - we will charge you for our leg work, especially if you keep changing your mind
G51. Except during quotation and tender acquisitional stages, NTP charges for all design, research and development, pre-production and proposal work. Fees will be agreed in writing in the most part prior to commencement of Contract. Where a design and quotation have been agreed in order to deliver Contract fulfillment and an unforeseen measure of Scope Shift (out with any written brief or Contract) occurs to the designs and services required, there are further charges levied by NTP for redesign and changes to the project.
PRODUCTION, TECHNICAL PRODUCTION & EVENT MANAGEMENT - what we are responsible for during your events
PEM01. Whilst NTP will use all endeavours to ensure planned events run smoothly, it should be clearly understood that acceptance of these terms and conditions does not in any way guarantee or imply any guarantee that the performances or events as planned or rehearsed will take place.
PEM02. It is further a condition of acceptance of these terms and conditions that NTP cannot be held responsible for any loss or consequential loss arising for the failure of a performance, event or equipment in whole or in part.
PEM03. NTP cannot be held responsible for events beyond their reasonable control which affect an event or performance including war whether declared or not, riot, civil commotion, strikes, lockouts, failure of freight handlers to deliver on time, and the actions of Customs authorities or other Government or State Authorities.
PEM04. Unless otherwise specifically agreed by NTP in writing any date or time given for the completion of an order is a guide only. NTP shall not be liable to the Client or any third party for losses arising from delay in completing the order.
Physical Product and equipment
PEM05. Where specific equipment and/or Physical Product and equipment is listed, the right to substitute similar Physical Product or equipment where necessary is reserved.
PEM06. NTP will supply all necessary cabling, facilities, accessories and peripheral accoutrements for Physical Product and equipment, Service Product and Digital Product supplied by NTP, for normal operation at the event as agreed.
PEM07. The Client is to provide all other cables, accessories, facilities and peripheral accoutrements for equipment, furniture and systems supplied directly by the Client, or its representatives.
PEM08. It is essential that NTP is informed as soon as possible, and not later than one week prior to the first scheduled set up day of event or Contract delivery, of the type, behaviour and nature of systems, connection cables, video, data, sound, lighting and other sources that the Client intends to connect to so as to ensure compatibility with equipment supplied by NTP.
PEM09. NTP will ensure that all designated staff including management and / or technician(s), will be in as much attendance on site as is required in order to service the Contract effectively. All operators and special arrangement staffing services will have on site attendance as determined by NTP or as agreed in writing with the Client prior to the commencement of the Contract.
Full Event Management – Venue Management
PEM10. Under a full event management service, where NTP are responsible for venue hire and all venue costs accrued as a result of an event Contract, all costs will be agreed in writing prior to fulfillment by NTP to the Client. All venue costs and services will be met by NTP as a result of this pre-agreed quotation. A venue management fee is added by NTP to the above. All additional costs incurred during or after the event are not covered by NTP. This includes additional room charges or services agreed either in writing or verbally on site by NTP or the Client, internet, IT and telecommunication usage fees (IE phone bills etc), delegate accommodation or expenses (unless otherwise agreed), parking, porterage, storage, sanitation, repair, room service, entertainment and any other third party costs. As venue contract holder, these costs will be met in the first instance by NTP and then passed on to the Client by arrangement. These costs may be subject to further fees and management charges depending on circumstances. Room expenses for NTP staff are covered separately at paragraph 63
Event Management – Venue Costs out with NTP Venue Management - Watch this one for room charges and additional costs from venues when we’re not controlling the venue. We’ve seen this one get ugly!
PEM11. Where the venue is paid directly (and thereby contracted to) the Client, and unless otherwise specified, all costs incurred for the purposes of Contract fulfillment during the course of the event and/or contract will be met by the Client. These include, but are not confined to, power facilities provision and adaptation and interface thereof. In house or venue provided electricity used during the period of Contract. All amenity services such as water, air conditioning, gas, heating, sewage and waste provision, adaptation and running costs during the course of the Contract. All IT and telecommunication systems and their specification, provision, installation and operation excluding costs arising from use thereof such as phone bills or internet charges during the course of the Contract.
NTP agree to pay all parking for NTP vehicles on or off site unless otherwise agreed.
Crew Subsistence & Travel - what we charge for our staff on site and getting to and from locations
PEM12. Unless otherwise stated, the estimate / quotation price includes travel expenses for the crew to / from the venue, subsistence while travelling to / from the venue and an allowance per person per day for subsistence on site for evening meals. Unless otherwise agreed, the Client provides lunch and refreshments during working hours on site for the staff. Menu variety supervision and all dietary requirements must be adhered to for all NTP staff. Appropriate NTP staff accommodation (if required) is to be provided by the Client in the nearest facility to the Contract’s venue. All NTP staff require independent hotel accommodation on a bed and breakfast basis. All NTP personnel are not to stay in hotels with a less than 3 star rating, unless by prior arrangement. All individual room expenses by way of sundries, entertainment and other hotel facilities are to be met by the individuals themselves.
PEM13. Hotels, travel expenses and subsistence, where not provided by the Client, are charged at cost except as otherwise shown. All prices in estimate / quotation are shown net of VAT.
PEM14. An additional charge will be made where the Client does not provide travel expenses, subsistence and accommodation.
Insurance - waivers charges by us to cover our insurance costs. For equipment insurance see item EH14
PEM15. The estimate / quotation price includes a waiver fee to cover the various insurance policies pertaining to NTP’s services including public and employers liability and any other specific insurance pertaining to individual Contracts which require additional cover.
PEM16. Client’s own equipment, facilities, materials and properties are not covered by NTP insurance either in transit or on site.
Lien & Retention Of Title
PEM17. NTP shall have a right to retain all of the Client’s materials in its possession and shall reserve the right to retain any such materials until all monies due and payable have been received.
PEM18. In the event of non-payment in accordance with these terms and conditions for any original work created by NTP the licence to reproduce the image(s) shall be thereby immediately revoked without further notice from NTP thereby rendering any reproduction of the image(s) by the Client a breach of copyright for which NTP reserves the right to take such legal action as may be appropriate. E&OE
NTP EQUIPMENT HIRE (EH)
The Equipment - our kit is in good nick
EH01. NTP undertakes to use its best endeavours to ensure that the Equipment is in good working order and condition at delivery to the Client or to a venue nominated by the Client or at the time the Client is informed that the Equipment is available for collection where applicable.
EH02. The Client shall examine all Equipment on delivery or collection. If any defect, deficiency or omission is discovered NTP shall replace or repair any defective Equipment or part thereof as soon as possible as practically possible without additional charge.
EH03. The Equipment supplied is intended only to be fit for purpose for which manufacturer designed or intended. Any other use is at Clients own risk.
The foregoing shall apply provided that: -
i. Immediate verbal notification of any defect or deficiency is made to NTP and/or its representative, and
ii. Written notice shall be given to NTP within 7 days of the completion of the hire period. The terms of this clause are without prejudice to the Terms and Clauses EH9 and EH20.
Property Of The Equipment
EH04. The Equipment shall at all times remain the property of NTP. The Client shall not re-hire, sub-hire, sub-contract, pledge, cause a lien to be created or otherwise deal with Equipment or any part thereof unless otherwise agreed in writing between NTP and Client.
The Client herby grants NTP an irrevocable licence to enter any premises where the Equipment is stored or in use at any time to inspect the Equipment and where the Client is in breach of any of the Terms herein to repossess it’s goods.
EH05. NTP shall be entitled in its absolute discretion to sub-contract in whole or in part any of its obligations under the Contract.
Care Of The Equipment - how you look after it when we’re not around
In the circumstances of a dry hire or when NTP staff are not on site with the equipment in a client controlled environment
a. The Client shall keep the Equipment securely at the address provided to NTP and shall use or cause it to be used at that address. The Client shall not remove the Equipment or cause it to be removed without prior written agreement of NTP. The Client shall ensure that the Equipment is kept in a safe and lockfast place when at place of use or place of storage.
b. Unless otherwise agreed in writing between NTP and the Client, the Client shall not use the Equipment on any abnormal or hazardous assignment, take out of the United Kingdom or take from the ground other that on a regular scheduled flight by an airline recognized by the I.A.T.A. The Client shall be solely responsible for obtaining all customs clearances licences and permits as shall be necessary to take the Equipment out of the United Kingdom. If any Equipment taken out of the United Kingdom is stolen or is damaged or breaks down NTP shall have no liability to replace it. If NTP agrees to replace the same, NTP’s liability shall only extend to delivery of any replacement at an address in the United Kingdom.
c. The Client shall use or cause to be used the Equipment in a skilful and proper manner and in accordance with the manufactures instructions and shall bear at its own expense the repair and condition (save for wear and tear) and further shall take all precautions necessary to ensure its safety and security.
d. The Client will not interfere in any way with the Equipment or the mechanism thereof or obscure, damage or deface any nameplates, stickers, signs or serial numbers thereon. The Client will not expose the Equipment to the elements and will keep the Equipment protected at all times. The Client shall store the Equipment in its protective cases provided when not in use and when is transit.
e. Without prejudice to Clause EH18 the Client shall be charged with the cost of repair of full replacement as the case may be for loss or damage to the Equipment unless the same shall have been caused by the fault or misconduct of the Technicians. The Client shall not himself operate the Equipment, rig or de-rig the Equipment or in any way interfere with the Equipment nor appoint any agents for the operation, rigging or de-rigging of the Equipment unless agreed in writing between NTP and the Client where Technicians are not supplied by NTP. NTP reserves the right to request names and details of operator other than its own Technicians and where these details are not forthcoming to exercise its rights under Clause EH16 hereof. If NTP is not satisfied with the experience, competence or suitability of operators named NTP reserves the right to substitute their Technicians at the usual rate.
f. The Client shall not repair of attempt the repair the Equipment. The Client shall not request a third party to repair or attempt to repair the Equipment unless otherwise agreed in writing between NTP and the Client.
Provision Of Equipment - we will do our best to guess what you need
a. Where instructions are given by the Client to NTP which are general, non-specific or approximate NTP will use its best endeavors to interpret the Client needs and provide suitable equipment. NTP however does not warrant the suitability of goods supplied and shall have no liability for miss-interpretations.
b. Where specific equipment is requested for by the Client and said equipment is unavailable, NTP reserves the right to substitute equipment of an equivalent standard.
Authority - be clear with what you want from us
EH08. Any order or instruction given to NTP or a Technician by the Client or on the Clients behalf shall be deemed to be the instruction of the Client. Any person giving an order or instruction to NTP or any technician warrants himself to be an authorised agent for the Client. NTP shall not be liable for any misunderstandings or inaccuracies arising from any order or instructions not received by NTP on writing or so confirmed. The Client shall be responsible for any order, instruction, representation or requests for advice made by the Client to any Technician. Any verbal quotation given by telephone or by a Technician is not binding unless confirmed by NTP in writing.
a. The Equipment shall be delivered and/or collected at such time and place as is Contracted for between NTP and the Client. If delivered to the Client the signature of any person being or purporting to be the Client, a representative of the Client or an employee thereof shall be sufficient to evidence delivery.
b. NTP shall use its best endeavors to comply with times and dates for delivery as agreed between NTP and the Client subject to Clause EH24 to follow hereon. NTP shall not be liable for non-delivery of equipment or non-arrival of Technicians by a specific time or date.
EH10. Unless otherwise agreed in writing between NTP and the Client is shall be the responsibility of the Client to return the Equipment to NTP on the Termination of the hire. If NTP agrees to collect the Equipment on Termination of the hire the Client shall remains responsible for the secure storage repair and condition of the Equipment until collected.
Period Of Hire - we charge you if you lose our kit or can’t return it in time
EH11. The period of hire shall commence when the equipment leaves NTP’s premises either on delivery of the Equipment by NTP to the Client or on collection by the Client and shall end when the Equipment is returned to NTP’s premises. If the Equipment is lost or damaged the period of hire shall be extend until NTP is able to repair or replace it. The forgoing is without prejudice to Clause EH18 to follow below.
EH12. Where the Client instructs NTP to provide additional equipment or services whether within or outwith office hours these additional works will be charged at normal rates.
Risk and Client’s Insurance Requirements
EH13. The equipment shall be at the risk of the Client during the hire period unless under the care of on site NTP crew employed for the purpose of installing and operating the equipment. The Client is responsible for loss of hire charges by NTP following loss or damage to hired equipment up to £30,000 or 13 weeks hire charges whichever is the lesser figure. Unless otherwise agreed in writing under Clause EH14 hereof the Client shall be responsible for insuring the equipment to its full replacement insurable value for new equipment or similar against all loss and damage whatsoever.
Equipment Hire Insurance - how our equipment insurance works
a. Unless otherwise agreed in writing between NTP and the Client, the Client shall contribute an additional percentage of the total hire value to NTP being the cost of insurance against loss or damage to the equipment during the period of hire. The Client will be liable for the first £250 of loss arising from each and every idemnifiable occurrence and for wear and tear, neglect, loss, loss of use or consequential loss. The Client shall comply to the terms, exclusions and conditions of the Policy of insurance in so far as they apply. The Client shall not effect any other insurance of the equipment. The Client must not do or omit to do anything which would invalidate the Insurance.
b. Where the Client effects its own Insurance (see EH13), the Client shall ensure that NTP’s interest is noted by the insurers. The Client shall provide NTP with such Insurance details as they require. Insurance arranged by the Client shall not be on terms less favourable than that of NTP’s Insurers.
Liability - a lawyer told us to include this paragraph
EH20. NTP’s liability under the Terms hereof shall be to the exclusion of any other liability to the Client (other than for death or personal injury caused by NTP’s negligence as defined in Section 1 of Unfair Contract Terms Act 1977) whether contractual, delictual or otherwise for faults in the equipment, for any death or personal injury caused by the equipment, or for any loss or damage to or caused by the equipment.
Where the services of Technicians are supplied by NTP to the Client NTP has no obligation, duty or liability to the Client and Contract, delict or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable care.
PERMANENT INSTALLATION CONTRACTS (PIC)
Property Of The Equipment - you own it when we leave - provided you pay of course
a. Property of the Equipment shall pass to the Client on the occurrence of the last of the following events namely:
i. payment in full of the price of the equipment sold herby, and
ii. payment in full of every other sum owing by the Client to NTP
b. In the event that the Client shall sell the Equipment before property has passed as aforesaid, he shall do so as the agent of NTP. The proceeds of any such sale shall be kept in a separate account identified as containing monies from the sale of NTP’s property and the Client shall account to NTP for the whole of such proceeds
c. Until property shall have passed as aforesaid, NTP shall be at liberty at any time to retake possession of the Equipment and for that purpose to enter on any premises where the equipment is or is reasonably believed by NTP to be situated.
d. Notwithstanding the foregoing the equipment shall be at the risk of the Client alone from the time of its delivery to the site, where the client should make every reasonable effort to ensure that all equipment which has been delivered is present and complete.
PIC05. NTP shall be entitled in its absolute discretion to sub-contract in whole or in part any of its obligations under the Contract.
Fitness For Purpose
a. NTP gives no warranty that the Equipment is fit for the Client’s purpose or purposes. The Client warrants that they have satisfied themselves that the Equipment will be fit for every purpose which they require of it and that they do not rely on any skill or judgment of NTP in that regard.
b. The Client further warrants that:
i. they are aware that the Equipment is supplied for the purposes for which is was manufactured
ii. they have all the licences required for their use
iii. the Equipment will only be used by suitably qualified individuals.
iv. they will not give or imply any warranty to any person to whom they may sell or let the Equipment other than the foregoing and that they will notify that person of the requirements of NTP as to licence, test, use, service, inspection, certification and adaptation and of any statutory authority of any state or country in which the Client or that person is resident or carrying on business.
Provision Of Equipment - be clear as to your requirements as our interpretation may otherwise cause you pain
a. Where instructions are given by the client to NTP which are general, non-specific or approximate NTP will use its best endeavours to interpret the Client’s needs and provide suitable equipment. NTP however does not warrant the suitability of goods supplied and shall have no liability for misinterpretations.
b. Where specific equipment is requested by the Client and said equipment is unavailable, NTP reserves the right to substitute equipment of an
Authority - be careful who you assign the right to tell us what to do
PIC08. Any order or instruction given to NTP or an Engineer by the Client or on the Client’s behalf shall be deemed to be the instruction of the Client. Any person giving an order or instruction to NTP or any Engineer warrants himself to be an authorised agent for the Client.
NTP shall not be liable for any misunderstandings or inaccuracies arising from any order or instructions not received by NTP in writing or so confirmed.
The Client shall be responsible for any order, instruction, representation or requests for advice made by the Client to any Engineer. Any verbal quotation given by telephone or by an Engineer or any quotation implied or referred to in the body of an e-mail is not binding unless confirmed by NTP in writing.
Access - if you control where we are going, make sure you REALLY DO control it
a. NTP agree to commence work on the installation on the date and time agreed in writing with the Client.
b. Should the site be unavailable to NTP at any period during the agreed installation schedule causing delay to the installation, the Client shall be liable for any additional costs so incurred.
c. Should the time required for the installation be greater than originally proposed, NTP agree to advise the Client in advance and if a direct extension to the time is not possible will leave the site at the agreed time with all areas made neat and safe so that work can recommence at a later point with minimum disruption to the Clients use of the site in the interim period.
d. NTP agrees that goats will not be brought onto site unless necessary for the completion of the installation or by prior written agreement with the Client.
e. The Client agrees to grant NTP free access to and to make available such facilities on Site at such times as NTP may reasonably require to enable NTP to carry out the installation.
f. The Client agrees to take all reasonable precautions on site to protect the health and safety of NTP and the Engineers.
g. The Client agrees to limit access to the site during the period of the installation if NTP deems this necessary for reasons of health and safety.
h. NTP shall take all reasonable steps to maintain the security of the site while engineers are present.
i. Notwithstanding point “g” above, the Client shall hold full and sole responsibility for the security of the site and any Equipment, tools or possessions of NTP or the Engineers which are at the site during the period of the installation.
PIC10. Where the Client instructs NTP to provide additional equipment or services whether inwith or outwith office hours these additional works will be charged at normal rates.
ENTERTAINMENT BOOKING & MANAGEMENT
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:
EBM1. This booking contract is negotiated by NTP between the Client and the Artist. In this respect, NTP acts as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.
Confirming the booking
i) ‘Confirmation’ will mean any verbal, electronic or written acceptance of this booking by BOTH the Client and the Artist.
ii) All bookings take effect immediately upon ‘confirmation’.
iii) Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘confirmation’ of the booking, NTP will issue a contract to the Client for signature and this must be returned within 2 working days. A copy of this contract will be forwarded to the Artist for signature immediately, again to be signed and returned within 2 working days. Both the Client & the Artist may keep one copy of the contract for their personal records.
NTP will store the signed contract(s) for safe keeping (copies available on request) and will act as negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.
Changes to contract
EBM3. 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 NTP in advance of the event.
Payment of fees
EBM4. The agreed booking deposit is due strictly within 5 working days of invoice. Deposit can be paid by cheque or BACS transfer.
Unless otherwise agreed by the Artist and NTP in writing on the cover of your contract, the balance is payable to the Artist 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, the Artist 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 clause EBM5.)
Cancellation by the Client:
Cancellation by the Client is not allowed for any reason except circumstances covered by ‘force majeure’ (see clause EBM18.) In the event that the Client cancels the booking, the Client agrees to inform NTP immediately. NTP agrees to inform the Artist of the cancellation immediately.
i) Cancellation by the Client within 48 hours of confirmation 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.
ii) Cancellation by the Client after 48 hours of confirmation and up to 90 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the Client to the Artist within 14 days.
iii) Cancellation by the Client within 90 days and up to 61 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the Client to the Artist within 14 days.
iv) Cancellation by the Client within 60 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the Client to the Artist within 14 days.
Artist cancellation fees should be sent to NTP to be forwarded on to the Artist within 7 days of receipt.
On behalf of the Artist, any payment outstanding from the Client outside of these terms will be referred to NTP’s debt recovery company and will be subject to a surcharge of 15% plus VAT 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 the Artist and non-performance of the Artist due to venue restrictions will place the Client liable for cancellation fees as detailed above.
Cancellation by the Artist:
Cancellation by the Artist is not allowed for any reason except circumstances covered by ‘force majeure’ (see clause EBM18.)
In the unlikely event that the Artist cancels the booking, the Artist agrees to inform NTP immediately. NTP 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, NTP agrees to refund the Client their deposit plus any other booking fees already paid in advance.
Should the Artist cancel a booking under circumstances not covered by ‘force majeure’ (see clause EBM18) the Client may pursue unlimited damages from the Artist as they see fit. The Artist also agrees to pay NTP an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to NTP within 5 working days. The Artist also agrees to refund the Client any difference between the original booking fee and the fee charged by any replacement artist arranged for the Client by NTP.
There will be no refund given to the Client against the booking deposit already paid, and no ‘administration charge’ will be made to the band, if a replacement artist of similar value can be arranged by NTP 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.
Any payment outstanding from the Artist outside of these terms will be referred to a debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artist and will be legally enforceable.
Late payment of deposit
EBM6. 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 part EBM5 of these terms and conditions.
Late payment of the balance
EBM7. Failure by the Client to pay the Artist 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 to the Artist, for every 5 working days the payment is late.
These fees should be sent to NTP to be forwarded on to the ‘artist. The Artist agrees to pay NTP our standard commission on any balance which is increased due to the addition of ‘late payment fees’.
On behalf of the Artist, NTP may raise an invoice to the Client for any ‘artist’ fees unpaid and 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% plus VAT 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.
EBM8. If through their own fault the Artist 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 Artists’ fee, a complaint must be made in writing to NTP no more than 30 days after the event. Full payment must still be made to the Artist as agreed in the contract. Withholding payment is illegal. Failure to pay the Artist within the terms of this contract will incur charges outlined in clause EBM7 (see above) and may render the Client subject to prosecution.
Whilst NTP cannot be held responsible for the actions or failures of either the Client or ‘artist’ we will make every effort to settle disputes without the need for either party to take legal action against each other. Once a written complaint has been made by the Client, NTP will contact the Artist to discuss the complaint and request a written statement detailing their version of events. NTP will act as mediator between ‘client’ and ‘artist’ in order to come to an amicable agreement over any refund or expense which may be due. If NTP cannot settle the dispute to the mutual satisfaction of both ‘client’ and ‘artist’, both parties must settle the matter directly via their own legal representatives.
Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, but not confirmed by NTP in writing, must be settled between the Client and the Artist directly. NTP will not be able to mediate over these changes.
Changes on the day
EBM9. Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with your NTP agent. Should this not be possible, changes are to be agreed between the Client and the Artist prior to performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the Client and the Artist on the day of the event are agreed to incur additional costs to the Client, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to NTP’s standard rate of commission. The Artist must disclose to NTP additional monies collected within 7 days of the event and forward commission due within 7 days.
Delayed event schedules and late finish fees
EBM10. If due to the late running of or alterations to the event schedule which is no fault of the Artist, the Artist 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 the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional surcharge, 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 the Artist in cash or by cheque.
The Artist has the right to refuse to finish later than the contracted finish time without penalty.
Extended performance fees
EBM11. If the event schedule is changed on the day and the Artist is required and agrees to perform for longer than the ‘Performance times’ agreed in this contract, and no additional surcharge is agreed by the Artist on the day of the event, 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 the Artist in cash or by cheque on the day of the event.
The Artist has the right to refuse to extend their performance times without penalty.
Re-engagement of the Artist
EBM12. The Client agrees to negotiate all future bookings of the Artist with NTP and not with the Artist directly, for the period covering the issue date of this contract until 18 months after the event date on this contract.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of NTP, to the Client, their guests, staff, venue or contractors. If approached, the Artist must inform the person/s concerned to contact NTP. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by NTP and invoiced for commission against any resulting work accordingly.
EBM13. This contract may be subject to a ‘rider’ containing the Artists requirements for food, accommodation, dressing rooms, technical specifications etc (please see full ‘artist rider’ on the front of this contract)
The ‘rider’ forms an integral part of this contract and MUST be provided by the Client at their own expense.
EBM14. If the Client has agreed on the front of this contract to cover additional expenses incurred by the Artist (such as taxi’s, food, rehearsal time, hotel, flights etc) the Artist must provide receipts and an invoice to the Client within 60 days after the event.
The Client must reimburse all expenses to the Artist 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
EBM15. The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘artists’ show, as known to NTP and as advertised to the Client via distribution of the ‘artists’ demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist 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.
The Artist 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 the ‘artists’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event ‘venue’, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, NTP, or the Client.
The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.
The Artist 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.
The Artist agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address. The Artist must inform the person/s concerned to contact NTP. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by NTP and invoiced for commission due accordingly.
The Artist 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.
The Artist is not employed by NTP and they are responsible for their own accounting and payment of TAX, VAT & National Insurance contributions.
The Artist 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 PAT testing of their equipment.
EBM16. It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons except by specific permission of the Artist.
Use of ‘dep’ performers
EBM17. A ‘dep’ performer will mean a person or persons who stand in for one or more of the Artists’ standard group of performers should they be unable to perform due to prior commitments or illness.
The Artist will perform using their standard group of performers as advertised to NTP and the Client unless otherwise agreed by NTP 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 the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘artists’ repertoire, and represent the Artist to the same high standard that is known by NTP and expected by the Client.
The Artist agrees that if a usual group member is ill and a suitable ‘dep’ performer is available, and this performer can satisfy the conditions of competence outlined above, the Artist will use the services of the ‘dep’ performer rather than cancel the booking under the terms of ‘Force Majeure’ (see clause EBM18 below.)
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 able to listen to a recording of the proposed ‘dep’ performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the Artist will be liable for the cancellation under the terms of clause EBM5 unless ‘Force Majeure’ may be applied.
A ‘dep’ performer may not be used to replace an ‘artist’ whose individual name is used as the star attraction to promote the Artist (EG: ‘The Dave Tate’ show would not be able to ‘dep’ another performer for ‘Dave Tate’.)
EBM18. 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 the ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty other than loss of deposit.
PROCEDURES, FACILITIES AND STANDARDS
The following section is not part of the Ts & Cs but is a declaration of working standards of NTP for general interest.
ON SITE Disabled FACILITIES (EVENT MANAGEMENT CONTRACTS ETC)
Access to all main areas of our event stages, auditorium space and facilities are all researched for full wheelchair access and can be developed and adapted to meet specific needs where requested. All our live sound systems can have an induction loop system fitted for the hard of hearing. Allowances for other facilities can of course be arranged.
Night Train’s full event management contracts versus partial management
Where required we handle as many of the venue and travel requirements (etc) as requested by you. For example, apart from advising delegates on accommodation, Night Train can book and control all hotel elements as directed by you the client. We are often responsible for determining the correct rooms for syndicate sessions, accommodation for all clients, crew and special guests.
We work closely with chefs and F&B managers in terms of preparing the right type of menus and the timings for meals, coffee breaks etc. We manage parking, luggage, storage, signage, special needs, security, health and safety and any other aspect of venue or peripheral section of the event as directed or delegated by you.
We can take charge of all destination and travel to and from site for all client, crew, performer, VIP and delegate accordingly. Obviously there are additional charges for these services and as a result, we regularly manage events where travel and venue management (etc) are controlled by you the client.
In these circumstances, please be particularly aware of issues arising with venue either by way of additional or un-budgeted costs or restrictions for purpose when controlling this part of the contract yourself. Please note the relevant paragraphs in our Ts & Cs regarding this (PEM10 & PEM11) and also make sure that you set aside the required experienced staff at your end to cater for these often complex and time consuming aspects to a live event.
Night Train are always careful to interface efficiently with client based event managers so as to avoid confusion, duplication or additional costs in these areas when they arise.
All information stored on our hard drives is virus protected, firewall protected and is respectfully handled under the “Data Protection Act 1998”. We make no compromises in this area. All media, containing sensitive client information is sent by recorded mail and all external and on site show machine hard drives are completely reformatted at the end of any contract.
We have to abide by the Performing Rights Society rules and regulations for public performance of copyright controlled material under the “Copyright, Design and Patents Act 1988”.
Environmental Policy -
Night Train has a full and comprehensive Environmental Policy. Please ask for details.
Night Train makes every effort to minimise the environmental impact of the day to day running of our business. Events inevitably involve large vehicles, much movement of people, and the use of significant quantities of electricity. Night Train’s quotation system can now allow for an estimated carbon offset cost to be calculated for the power and fuel consumed in the running of any event or project quoted.
Should a client wish to pay this then we are happy to provide this figure and / or to organise the payment of this on behalf of our client.
Alternatively, we will aim to advise our clients of the projected weight of CO2 and they can make any offset provision themselves directly.
Please note that this charge is never levied by Night Train on behalf of anyone unless the client specifically requests it. Note also that it only covers power consumption and travel within Night Train’s control. Any additional travel or power consumption arranged by the client should be offset separately.
The structures, furniture, props, costumes and scenery designed by Night Train are a mixture of custom build and in house stock. Storage fees for client owned structures etc are chargeable and are negotiated on a case by case scenario. Many of our structures are re-usable and we maintain large secure storage units in both London and Scotland for both client owned and generic structures. Of course there is a fair amount of sub-hired product too, depending on the contract. Costs related to Waste Management are included in our quotations and, where applicable, landfill taxes are applied or estimated.
All possible attempt is made to maximise on recycling and we carry an environmental policy which, where possible, mirrors that of European directives and the Forestry Commission for sustainable timber management.
Logistics and Transportation
Night Train own (and operate under) a commercial vehicle goods operation licence in accordance with The Goods Vehicles (Licensing of Operators) Act 1995.
Where and when necessary we outsource set & structure building, trucking, health & safety – general risk assessment, traffic management plans and professional consultancy in related industry officialdom. We outsource some equipment hire and some print and DTP work. We also outsource broadcast cameramen, freelance technical crews, web casting, multitrack recording studios, rostrum camera work, video conferencing, ticket agencies, electricians, some PR and consultancy and different areas of production depending on speciality requirements and capabilities related to workload. We outsource 3D artists, computer programmers, software engineers, specialist craftsmen, choreographers, artists, security staff, travel coordinators, logistics agents, chefs, caterers, media correspondents, photographers, engineers of various disciplines, copywriters, drivers, costume designers and lawyers.
We outsource to call centres for follow up when delegates (or mailing lists) exceed approximately 1000. For smaller shows all mail merge staff and call-back operators will be in house staff or local freelancers operating at Night Train premises which can be equipped for this purpose.
Logistics freelancers are often outsourced for roadshows and larger multi site contracts. Occasionally we outsource selected, and professional freelance project managers for technical staging and production – again due to workload and/or other circumstances.
Health & Safety
All our structures and working practices conform to the “Health and Safety at Work ACT 1974” – and also the “Electricity at Work Regulations 1989”. Further to this we acknowledge the details and comply with the BSI regulation 7671 1992 (IEC364) “Requirement for Electrical Installations” and also the OHSAS 18001:1999 Health and Safety Management Systems for all on site (and off site) activity.
All structures and installations and the installation procedures thereof will be independently risk assessed on site and a report made for general view. We abide by all industry working practices to ensure maximum safety and security in all areas and at all times. Every care is taken to conform to the venue fire officer and generally to the “Fire Precautions Act (as amended) 1971”.
All operating crew, on site engineers and rigging staff hold certification and qualifications relevant to their individual disciplines and nearly all Night Train staff are qualified first aiders.
This document is subject to copyright control. The information contained in this document represents the current view of Night Train Productions Ltd. on the issues discussed as of the date of publication. This document is for information purposes only and has been prepared for confidential exposure only to the addressee. Night Train makes no warranties, express, implied or statutory as to the information within this document.
Night Train may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document.
Except as expressly provided in any written licence agreement from Night Train, the furnishing of this document does not give any licence to these patents, trademarks, copyrights, or other intellectual property.