CENTRAL ENTERTAINMENT BUREAU
Terms and Conditions
Artist means the individual or group (in each case, being an entertainment provider) that engages the services of CEB to source venues for them to perform at
Booking means the booking by the Client of the Artist to perform at the Client’s venue, pursuant to terms negotiated through CEB
Booking Deposit means a deposit payable by the Client to secure a Booking
CEB means Central Entertainment Bureau Limited
Client means a party who engages the services of CEB to procure performances by Artists at their venues
Contract Price means the price which the Client has, pursuant to a Booking, agreed to pay to CEB, by way of consideration for the Artist performing at their venue
Force Majeure Event means an event which is outside the control of the Client or Artist (as applicable) which prevents them from performing their obligations pursuant to the Booking e.g. fire, flood, natural disaster, war, death, medically certified illness or injury etc.
Performance means a performance by the Artist at the Client’s venue, pursuant to the terms of a Booking
Restrictive Covenants means the restrictive covenants contained in clause 8
Venue means a venue at which a Performance is to take place
2.1 These Terms shall apply to Artists and Clients in respect of all of their dealings with CEB and shall apply in place of, and prevail over:
(i) any terms or conditions (whether written or oral) contained or referred to in any other documentation, correspondence or other means of communication delivered by the Artist or Client to CEB; and
(ii) any terms or conditions implied by custom, practice or course of dealing between the Artist or the Client and CEB.
2.2 No variation of these Terms shall be binding on CEB unless agreed to in writing by CEB.
3. Capacity and Consideration
3.1 The Client and the Artist acknowledge that CEB is acting in an agency capacity in terms of procuring an agreement between them, for the Artist to perform at the Client’s venue and accordingly, CEB shall not be held responsible, should either the Artist or the Client fail to fulfil their obligations to one another in respect of any Booking.
3.2 The Client and the Artist further acknowledge that they shall be required to pay a fee to CEB in consideration for CEB carrying out services on their behalf and that the quantum of such fee and the timing and method for its payment shall be agreed upon at the time of making the Booking.
4.1 Bookings take effect immediately upon CEB receiving an acceptance of the Booking from both the Client and the Artist. Such acceptance can be communicated to CEB orally or in writing.
4.2 Clients may be required to pay a Booking Deposit. Where applicable, CEB shall notify the Client accordingly.
5. Confirmation, Alteration and Cancellation of Bookings
In circumstances where a Performance is to take place more than 14 days after the Artist delivers confirmation of their acceptance of the Booking to CEB (pursuant to Clause 4.1 above), the Artist shall be required to contact CEB 7 days before the Performance to confirm arrangements for the Performance. Any failure by the Artist to do so may be deemed by CEB at its discretion, to constitute a cancellation by the Artist of the Booking.
Any request by the Artist or the Client to alter a Booking shall be routed through CEB, with the party that requires the alteration providing CEB with all relevant details. To be effective, an alteration shall require the consent of both the Artist and the Client. CEB shall liaise with both the Artist and Client with a view to procuring such consent.
5.3 Permitted Cancellations
5.3.1 In circumstances where a Performance is to take place more than 14 days after the Client or Artist delivers confirmation of their acceptance of the related Booking to CEB (pursuant to Clause 4.1 above), the Artist or Client, shall be permitted, during the period of 24 hours immediately following their delivery of such acceptance to CEB, to cancel the Booking by serving notice of cancellation on CEB in writing, and may do so, in these circumstances, without incurring any liability to the other party (save that any Booking Deposit paid by the Client shall be refunded).
5.3.2 Save for a cancellation pursuant to Clause 5.3.1 above, neither the Artist nor the Client shall be permitted to cancel a Booking, unless the reason for such cancellation is the occurrence of a Force Majeure Event.
5.3.3 Any Force Majeure Event must be notified by the Client or Artist (as applicable) to CEB as soon as is reasonably practicable, following its occurrence. In the event of their being a cancellation due to the occurrence of a Force Majeure Event, neither party shall have any liability to the other (save that any Booking Deposit paid by the Client shall be refunded).
5.4 Cancellation by Client – without permission
5.4.1 Where a Client cancels a Booking other than as a result of the occurrence of a Force Majeure Event or pursuant to Clause 5.3.1 above, then in addition to forfeiting any Booking Deposit paid in respect of the Booking, the Client shall be liable to pay a cancellation fee, equating to a percentage of the Contract Price calculated as follows:
Cancellation Period Cancellation Fee
More than 7 days before the event 50%
0- 7 days before the event 100%
5.4.2 Such cancellation fee shall be payable by the Client on or before the date the cancelled Performance was scheduled to take place and shall be paid by electronic transfer to CEB. CEB shall take payment of its full fee (as if the Performance had proceeded as planned) from the cancellation payment and shall pay the applicable balance to the Artist in accordance with clause 7.3 below.
5.4.3 CEB shall not be responsible for any loss suffered by the Artist where a Client cancels a Performance.
5.5 Cancellation by Artist – without permission
5.5.1 Should the Artist cancel a Booking or fail to provide a Performance, other than as a consequence of a Force Majeure Event or pursuant to Clause 5.3.1 above, they shall immediately refund any Booking Deposit paid to them in respect of such Booking and shall pay to CEB, on or before the date on which the cancelled Performance was scheduled to take place, the fee which CEB would have received in respect of the Booking had the Performance proceeded as planned. Any failure by the Artist to pay such amount to CEB shall result in the Artist being obliged to pay late payment interest on the unpaid amount in accordance with Clause 7.2 below.
5.5.2 CEB shall not be responsible for any loss suffered by the Client where the Artist cancels a Performance. Without prejudice to the foregoing, in such circumstances, CEB will use reasonable endeavours to procure a suitable replacement act for the Client.
6.1 Artist Obligations
6.1.1 When performing, the Artist shall, unless otherwise agreed with CEB:
(i) perform for a minimum of 90 minutes;
(ii) conduct itself in a mannerly fashion and in connection therewith, shall refrain from using bad language during the course of the Performance and shall not be intoxicated;
(iii) use its own equipment and instruments for the purposes of the Performance; and
(iv) remove its equipment from the Venue immediately after the Performance unless otherwise agreed with CEB.
6.1.2 The foregoing obligations on the Artist shall be in addition to such other obligations as shall be agreed with CEB.
6.2 Client Obligations
6.2.1 The Client shall procure that:
(i) the Venue is suitable for and can in all respects, accommodate the Performance;
(ii) all insurances are in place as would reasonably be deemed appropriate in connection with the Venue’s accommodation of the Performance;
(iii) ensure that there are adequate security measures in place at the Venue to protect the Artist; and
(iv) ensure that the equipment and instruments of the Artist are not available for use by any other performers or persons.
6.2.2 The foregoing obligations on the Client shall be in addition to such other obligations as shall be agreed with CEB
7.1 All matters relating to the payment for a Performance (including the payment of CEB’s fees) shall be agreed upon at the time of making the Booking.
7.2 Any failure by the Client to pay CEB in accordance with the time period specified by CEB, shall, without prejudice to any other rights which CEB may wish to enforce to seek recovery of the unpaid amount, result in the Client being obliged to pay late payment interest equating to 10% of the unpaid amount, compounding on a weekly basis and in such circumstances, a new week will commence on the day after payment was due so that for example, if payment was due on a particular date which was a Tuesday, then on the day after (Wednesday) the late payment liability arises and each Wednesday thereafter, the late payment interest will be compounded with the unpaid amount.
7.3 Payment by the Client shall be made by electronic transfer into CEB’s bank account and CEB shall, within 10 days of receiving such payment, transfer such payment to the Artist after deducting its agreed fees.
7.4 The Artist shall be responsible for ensuring that up-to-date bank account details are delivered to CEB for the purpose of making payment and CEB shall, when making payment to the Artist, transfer payment to the most recent account details provided to it by the Artist, in writing.
7.5 The Artist shall be responsible for making all statutory deductions and paying all applicable taxes (whether income tax, VAT or otherwise) on all payments received from CEB. No such deductions shall be made by CEB. If requested by CEB, the Artist must provide CEB with its VAT registration details.
8. Restrictive Covenants
8.1 The Client agrees to negotiate all future Bookings of:
(i) the Artist; and
(ii) any person or persons who is, or was at the time the Client first made a Booking of the Artist, a member of the Artist (an “Individual Member”)
through CEB and not with the Artist or Individual Member directly, during the period commencing on the date CEB first discusses (whether orally or by way of written communication) the Artist with the Client and ending 18 months after the Performance (in circumstances where a Performance takes place) or, 18 months after the discussions between CEB and the Client regarding the Artist first began (in circumstances where no Performance has taken place during the intervening period).
8.2 Accordingly, should the Artist or its Individual Members receive any direct communication from a Client during the periods specified in Clause 8.1 above, with a view to booking them (independently of CEB), then the Artist or its Individual Members (as applicable) shall be required to notify CEB immediately and thereafter, should the engagement proceed, it will be conducted through CEB and CEB shall be paid the same fee in relation to any such engagement as it would have received if the engagement was conducted through CEB from the outset.
8.3 Notwithstanding the foregoing, should the Artist proceed with the Performance without contacting CEB, it must account to CEB on demand for such payment as CEB would otherwise have received had the booking been made through CEB plus a further 20% in consideration for the breach by the Artist of these Terms.
8.4 When performing at an event which has been arranged through CEB, the Artist shall not (and shall procure that its Individual Members and any other party shall not) hand out any private business cards or promotional materials containing contact details, other than those of CEB and/or its employees / representatives.
8.5 For a period commencing four weeks before and ending four weeks after the date of a Performance, the Artist shall not, without the written consent of CEB, perform:
(i) at any venue which is within a 1 mile radius of the venue in which the Performance took place; or
(ii) at any venue that is in direct competition with the venue in which the Performance took place.
8.6 The Artist undertakes to CEB to procure that its Individual Members are made aware of the Restrictive Covenants contained in this Clause 8 and the fact that they are bound by them. For the avoidance of doubt however, any failure by the Artist to comply with the undertaking specified in this Clause 8.6, shall not impact on the binding nature of these Restrictive Covenants on all of its Individual Members. The Artist shall indemnify CEB in respect of all losses, damages, costs, claims, expenses and liabilities incurred by CEB as a consequence of any of its Individual Members failing to comply with any of the Restrictive Covenants contained in this Clause 8.
9. Use of Name and Image
9.1 The Artist (and their Individual Members) and the Client authorise CEB to use and publish their name, venues, and images in such manner and with such regularity as it deems fit, for the purposes of promoting CEB, the Artist and any venue of the Client and agree to indemnify CEB in respect of any loss or liability incurred by CEB arising from its use and/or publication of their name, venues and image.
9.2 Should either the Artist or the Client wish to cease to use the services of CEB, they shall be required to advise CEB accordingly in writing and thereafter, CEB shall cease to publish their name and image, save that the Artist and Client acknowledge that it won’t be possible to remove their name and image from any physical publications already in existence at the time they served their notice of cessation on CEB and accordingly they consent to the continued use of their name and image on such publications.
10. No Warranty
10.1 No warranty or representation is made by CEB concerning the state of repair or condition of any Venue in which the Artist is required to perform. The Artist will be required to satisfy themselves as to the sufficiency or otherwise of any such Venue. Therefore, the Artist and associated personnel shall be responsible for their own personal safety and insurance. In the event of any injury, loss or damage caused to the Artist, or indeed by the Artist or any third party to the Venue or any third party or any property, CEB shall not be liable in relation to any claim arising there from.
11. Data Protection
11.1 CEB will take all reasonable precautions to keep secure all personal data provided to it by the Client and the Artist and shall only use same for the purposes of arranging performances, and promoting and advertising CEB, the Artist and the Client (and their Venues) and in connection therewith, shall be permitted to pass Artist and Client personal data to subcontractors, engaged by CEB to perform, and/or assist CEB in the performance of, its services for the Client and/or the Artist.
11.2 The Client and the Artist shall be entitled to request from CEB a copy of any information relating to them which is retained by CEB and to request CEB to correct any incorrect information relating to them which it holds.
12.1 CEB is acting in an agency capacity to the Client and the Artist and accordingly, shall not be responsible for the acts and/or omissions of the Artist or the Client. Accordingly, should the Artist or the Client take issue with the acts and/or omissions of the other, their cause of action shall be against that other and not against CEB. Notwithstanding, CEB shall, where reasonably practicable, offer its services to the disputing parties by adopting a quasi-mediatory role with a view to procuring a resolution of the matter, failing which the Client and the Artist shall be required to take such action against the other as they deem appropriate in the circumstances.
13.1 CEB may terminate its dealings with any Client or Artist at any time and without any requirement to provide them with advance notice, by simply advising them accordingly.
13.2 Should either the Artist or the Client wish to cease to use the services of CEB, they shall be required to advise CEB accordingly in writing.
13.3 Notwithstanding any termination of any dealings between CEB and the Client or Artist pursuant to clauses 13.1 and 13.2 above:
(i) any Performance which takes place following such termination, shall continue to be conducted pursuant to the terms of the Booking applicable to it; and
(ii) the Artist and Client shall continue to be bound by the restrictive covenants contained in Clause 8 above.
14.1. These Terms shall continue to bind the Artist notwithstanding any change of name of the Artist or in the case of the Artist comprising more than one individual, any change in the personnel of the Artist.
14.2 Nothing in these Terms or elsewhere shall be deemed to make CEB an employer or partner of the Artist or Client for any purpose whatsoever.
14.3 The headings contained in these Terms are inserted for convenience of reference only and shall not be considered a part of or affect the construction or interpretation of these Terms.
14.4 A failure by CEB to exercise, or a delay by CEB in exercising a right or remedy provided under these Terms, pursuant to a Booking, or by law does not constitute a general waiver by CEB of the right or remedy or a waiver by CEB of any other rights or remedies. No single or partial exercise by CEB of a right or remedy provided by these Terms, pursuant to a Booking or by law prevents any further exercise by CEB of that right or remedy or the exercise by CEB of any other right or remedy.
14.5 If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
14.6 Neither the Artist nor the Client shall be entitled to, assign, transfer, subcontract, or otherwise deal with all or any of their rights or obligations under or pursuant to these Terms or any Booking without first obtaining the prior consent of CEB in writing. CEB may at any time and without the consent of the Artist or Client, assign, transfer, subcontract, delegate or otherwise deal with all or any of its rights, duties or obligations under these Terms or pursuant to or relating to, or with a view to procuring any Booking
14.7 These Terms may be updated by CEB at any time and without any requirement to serve notice on Clients or Artists.
14.8 These Terms shall be governed by and construed in all respects in accordance with the laws of Ireland and the Artist and Client agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising in dispute.