T's and C's

DJ Smiles is a division of Joke Club Comedy Clubs.

Joke Club Comedy Clubs Ltd has made every effort to word these terms and conditions in plain English, with clarification of various clauses where necessary. If you do not understand any part of these terms, please call us for clarification or seek legal advice before agreeing to them.

Any booking WHETHER CONFIRMED ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms and conditions of booking:

1. Definitions

This booking contract is negotiated by Joke Club Comedy Clubs Ltd (the ‘agent’) between the ‘Client’ and the ‘Artist’. In this respect, Joke Club Comedy Clubs Ltd acts as an employment agency in issuing this contract and cannot be held responsible for non fulfilment of bookings or non payment of fees.

2. Confirming the Booking

Confirmation:

a) ‘Confirmation’ will mean any electronic or written acceptance of this booking by BOTH the ‘Client’ and the ‘Artist’.

b) All bookings take effect immediately upon ‘confirmation’.

c) Non communication after offer/contract has been executed is not sufficient to cancel the booking or acceptance of these terms.

Upon ‘confirmation’ of the booking, Joke Club Comedy Clubs Ltd will issue a contract (if required) to the ‘Client’ for signature and this must be returned within 3 business days. A copy of this contract will be forwarded to the ‘Artist’ for signature immediately, again to be signed and returned within 3 business days. Both the ‘Client’ & the ‘Artist’ may keep one copy of the contract for their personal records. An email confirming the booking from both parties will be sufficient.

Joke Club Comedy Clubs Ltd will store the signed contract(s) (emails) for safe keeping (copies available on request) and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for twelve months after the event.

3. Changes to Contract

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 Joke Club Comedy Clubs Ltd within 72hrs of the event.

4. Payment of Fees

The agreed booking fee is due straight away to show that you the client are serious about the booking and will complete it with us. All booking fees must be paid by direct deposit into our specified account.

If any fee which the ‘Client’ is due to pay prior to the event has not been received at least 5 business 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 5).

5. Cancellations

Cancellation by the ‘Client’: Cancellation by the ‘Client’ is not allowed for any reason except circumstances covered by ‘force majeure’ (see clause 17.) In the event that the ‘Client’ cancels the booking, the ‘Client’ agrees to inform Joke Club Comedy Clubs Ltd immediately. Joke Club Comedy Clubs Ltd agrees to inform the ‘Artist’ of the cancellation immediately.

a) 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.

b) Cancellation by the ‘Client’ after 48 hours of confirmation and up to 90 days from the event will result in loss of 35% of the booking fee that will be payable by the ‘Client’ to Joke Club Comedy Clubs Ltd.

c) Cancellation by the ‘Client’ within 90 days and up to 61 days of the event will result in loss of 35% of the booking fee that will be payable by the ‘Client’ to Joke Club Comedy Clubs Ltd.

d) Cancellation by the ‘Client’ within 60 days of the event will result in loss of 50% of the booking fee that will be payable by the ‘Client’ to Joke Club Comedy Clubs Ltd.

e) Cancellation by the ‘Client’ within 7 days of the event will result in loss of 100% of the booking fee that will be payable by the ‘Client’ to Joke Club Comedy Clubs Ltd.

‘Artist’ cancellation fees should be sent to Joke Club Comedy Clubs Ltd to be forwarded on to the ‘Artist’ within 7 days of receipt.

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 17).

In the unlikely event that the ‘Artist’ cancels the booking, the ‘Artist’ agrees to inform Joke Club Comedy Clubs Ltd immediately. Joke Club Comedy Clubs Ltd 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, Joke Club Comedy Clubs Ltd agrees to refund the ‘Client’ their booking fees that were paid in advance.

Should the ‘Artist’ cancel a booking under circumstances not covered by ‘force majeure’ (see clause 17) the ‘Client’ may pursue unlimited damages from the ‘Artist’ as they see fit. The ‘Artist’ also agrees to pay Joke Club Comedy Clubs Ltd an administration fee equal to the commission due on the booking and this must be paid to Joke Club Comedy Clubs Ltd within 5 business 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 Joke Club Comedy Clubs Ltd.

There will be no refund given to the ‘Client’ against the booking fees already paid, and no ‘administration charge’ will occur, if a replacement Artist of similar value can be arranged by Joke Club Comedy Clubs Ltd 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 fee 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 withheld.

6. Late Payment of Booking Fee

Failure by the ‘Client’ to pay the booking fee 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 5 of these terms and conditions. The fees should be sent to Joke Club Comedy Clubs Ltd to be forwarded on to the ‘Artist. The ‘Artist’ agrees to the deductions of our standard commission that will be withheld.

7. Complaints

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 ‘Artist’s’ fee the following must occur:

a.) A verbal complaint must be made 24hrs after the event.

b.) A written complaint should follow the verbal complaint to Joke Club Comedy Clubs Ltd no later than 30 days after the event. Full payment will be upheld by Joke Club Comedy Clubs Ltd as agreed in the contract. Joke Club Comedy Clubs Ltd 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’, Joke Club Comedy Clubs Ltd will contact the ‘Artist’ to discuss the complaint and request a written statement detailing their version of events. Joke Club Comedy Clubs Ltd will act as mediator between ‘Client’ and ‘Artist’ in order to come to an agreement over any refund or expense which may be due. Joke Club Comedy Clubs Ltd 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 Joke Club Comedy Clubs Ltd in writing, must be settled between the ‘Client’ and the ‘Artist’ directly. Joke Club Comedy Clubs Ltd will not be able to mediate over these changes.

8. Changes on the Day of the Event

When possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with your Joke Club Comedy Clubs Ltd 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 Joke Club Comedy Clubs Ltd standard rate of commission. The ‘Artist’ must disclose to Joke Club Comedy Clubs Ltd additional monies collected within 7 days of the event and forward commission due within 7 days.

9. Delayed Event Schedules and Late Finish Fees

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% extra of the total balance 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.

10. Extended Performance Fees

If the event schedule is changed on the day of the event 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 of 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.

11. Re-engagement of the ‘Artist’

The ‘Client’ agrees to negotiate all future bookings of the ‘Artist’ with Joke Club Comedy Clubs Ltd and not with the ‘Artist’ directly, for the period covering the issue date of this contract until 12 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 Joke Club Comedy Clubs Ltd, to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artist’ must inform the person/s concerned to contact Joke Club Comedy Clubs Ltd. 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 Joke Club Comedy Clubs Ltd and invoiced for commission against any resulting work accordingly.

12. Rider

This contract may be subject to a ‘rider’ containing the ‘Artists’ requirements for food, accommodation, dressing rooms, technical specifications etc. The ‘rider’ forms an integral part of this contract and MUST be provided by the ‘Client’ at their own expense.

13. Expenses

If the ‘Client’ has agreed to cover additional expenses incurred by the ‘Artist’ (such as taxi’s, food, rehearsal time, hotel, flights etc) the ‘Artist’/ Joke Club Comedy Clubs Ltd must provide receipts and an invoice to Joke Club Comedy Clubs Ltd that will be forwarded to the ‘Client’ within 30 days after the event. The ‘Client’ must reimburse all expenses to the Joke Club Comedy Clubs Ltd within 28 days of invoice. Late payment of expenses will incur a late payment fee equal to 10% of the expenses due, every 5 business days that payment is overdue.

14. Artist Service Guarantee

The ‘Artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘Artists’, as known to Joke Club Comedy Clubs Ltd 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 expectations 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 including holiday entitlements, traveling expenses to and from the venue, tax, National Insurance, etc.

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 while at the event ‘venue’, or while 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 them, Joke Club Comedy Clubs Ltd 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 a 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 Joke Club Comedy Clubs Ltd Any other action will contravene the terms of these terms and conditions, and if you are found to have done this you will cease to be used by UK Black Comedians Consultancy 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 Joke Club Comedy Clubs Ltd 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, and vehicle insurance and for carrying out the P. A. T. testing of their equipment.

15. ‘Artist’ Equipment

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’.

16. Use of ‘Stand-in’ Performers

A ‘stand-in’ 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 Joke Club Comedy Clubs Ltd and the ‘Client’ unless otherwise agreed by Joke Club Comedy Clubs Ltd and the ‘Client’ in advance, or in cases of emergency. The ‘Artist’ agrees that any ‘stand-in’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘stand-in’ will have a good knowledge of the ‘Artists’ repertoire, and represent the ‘Artist’ to the same high standard that is known by Joke Club Comedy Clubs Ltd and expected by the ‘Client’.

The ‘Artist’ agrees that if a usual group member is ill and a suitable ‘stand-in’ performer is available, and this performer can satisfy the conditions of competence outlined above, the ‘Artist’ will use the services of the ‘stand-in’ performer rather than cancel the booking under the terms of ‘Force Majeure’ (see clause 17 below).

There will be no reduction in the ‘Artists’ fee if a ‘stand-in’ performer is used, although, if in advance of the event the ‘Client’ is able to listen to a recording of the proposed ‘stand-in’ 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 5 unless ‘Force Majeure’ may be applied. A ‘stand-in’ performer may not be used to replace an ‘Artist’ whose individual name is used as the star attraction to promote the ‘Artist’ (EG: ‘Jay Lamont Live’ show would not be able to ‘stand-in’ another performer for ‘Jay Lamont’).

17. Force Majeure

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 booking fee.