These are the standard terms and conditions (the "Terms and Conditions") of Raw 8. You are required to sign and return a copy of the Contract in order to book Raw 8 Artistes.
1) Raw 8 and/or the Artiste reserves the right to cancel the Contract without prejudice to full payment if a deposit and/or booking fee is not received within 7 days of the Contract Issue Date.
2) The Promoter shall arrange and pay for all appropriate work permits in good time in order for the Artiste to fulfil its obligations under the Contract.
3) The Promoter may not cancel this Contract unless at least 6 weeks notice in writing is provided to Raw 8.
4) The Promoter warrants that for the period of 5 years from the date of this contract, any offers regarding future engagements for the Artiste by the Promoter shall be directed through Raw 8 and under no circumstances should the Promoter make any such offers to the Artiste or their representatives directly.
5) The Promoter warrants that no recording of any sort or description and for any purpose shall be made of the Artiste's performance without separate prior written agreement of Raw 8.
6) In the event that the Artiste is unable to fulfil their obligation due to circumstances beyond their control, or due to the scheduling of promotional television or radio appearances, Fresh will offer to supply a replacement Artiste and Raw 8 and the original Artiste shall be released from all liability. Should the Promoter turn down the replacement Artiste the contract is void.
7) Should the venue be closed or otherwise out of operation or cancelled on the Dates as set out in Schedule, the Contract will be considered to be fulfilled.
8) Should the Promoter cancel the event at short notice (up to 6 weeks) before the Event, the Promoter shall be liable to pay 50% of the agreed Artiste's fee plus the agreed booking fee and all additional costs incurred.
9) Should the Promoter cancel the Event up to 14 days prior to the Event the Promoter shall be liable to pay the relevant Artiste's fee being paid in full plus the agreed booking fee and all additional costs.
10) In circumstances where an Event comprises more than one separate attendance on a Date and one of the Dates is cancelled for the reasons set out in clauses 7-10 inclusive or for any reason other than the fault of Raw 8 or the Artiste, the whole Event may be cancelled at the Artiste’s or Fresh discretion and all sums due under this Contract shall be payable by the Promoter.
11) The Promoter agrees that it is their responsibility to ensure all taxes either local or national relating to the Artiste's performance are paid according to the law of the jurisdiction under which the Event is scheduled. Under no circumstances is there to be a deduction from the Artiste's fee in relation to this issue.
12) All costs incurred by or on behalf of Raw 8 including but not limited to flights, hotels and drivers required by the Artiste are non refundable under any circumstances. Should such costs be agreed as recoupable the Promoter is liable to pay such costs in full or their part of the agreed amount on or before 7 days prior to the Contract Issue Date.
13) Raw 8 is only responsible for the placement of the Artiste and excludes all liability for the performance of the Artiste during the engagement or breaches of contract by the Artiste. Changes and additions to this Contract must be in writing and will be referred to as Riders. Should any part of this Contract become void or challenged the remainder remains unaffected.
14) Limitation of Liability – The Promoter's attention is particularly drawn to the provisions of this Condition
14.1 This condition 14 sets out the entire financial liability of Raw 8 (including any liability for the acts or omissions of its Artistes, employees, agents and sub-contractors) to the Promoter in respect of:
14.1.1 any breach of the Contract; and
14.1.2 any use made by the Promoter of the Services or any part of them; and
14.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
14.3 Nothing in these Terms and Conditions limits or excludes the liability of Fresh:
14.3.1 for death or personal injury resulting from negligence; or
14.3.2 for any damage or liability incurred by the Promoter as a result of fraud or fraudulent misrepresentation by Fresh; or
14.3.3 for any liability incurred by the Promoter as a result of any breach by Raw 8 of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
2 of the Supply of Goods and Services Act 1982.
14.4 Subject to condition 14.2 and condition 14.3
14.4.1 Raw 8 shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
14.4.2 Raw 8 total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services.
15) The Promoter warrants that it is authorised and of a legally acceptable age to enter into this Contract and understands that it has been drawn up in accordance with the laws of England and the English courts shall have exclusive jurisdiction.
16) Billing and advertising: Promoter must provide all advertising proposals for Artiste's approval to Raw 8 prior to use.
17) Force Majeure: The Artiste will not be held responsible for non attendance as a result of civil strikes, Acts of God or factors beyond the Artiste's/crew's control. In the case of illness a doctor’s certificate will be produced and the Promoter will take no action against the Artiste. In this circumstance the deposit (less booking fee) will be refunded to the Promoter.
18) Under no circumstances may the Artiste be mentioned in any advertising or promotion until the Contract has been signed, returned and the deposit has been received and cleared in Raw 8 bank account. The deposit will be held in escrow.