Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the BooktheArtists website (the “Service”) operated by BooktheArtists (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Sections 1 – 3: Engagement, Services, Fees and expenses

Section 1: Engagement

  • The Event planner hereby engages the Artist to perform entertainment services as detailed in www.booktheartists.com [afterwards BTA] artist’s own profile page at the agreed location, on agreed performance date and time with agreed fee. The Artist shall be available at event location in advance to prepare the show of the scheduled starting time of Performance as agreed between the Event planner and the Artist.

  • The agreement is solely done between the Event planner and the Artist while BTA role is only to match the two parties and collect the payment on performance from the Event planner and to pay the fee for the artist.

Section 2: Services

  • The Artist agrees to provide a professional, high quality and entertaining Performance as described in the Artist profile page. The performance content vary between the Artists and packages defined by the Artist in the www.booktheartists.com service.

Section 3: Fees and expenses

  • BTA shall pay the Artist Fee for the performance immediately following the completion of the Performance into the bank account provided by the Artist. Other possible expenses are handled and agreed between the Artist and the Event planner. BTA fee / transaction is 5% based on the total list fee, possible discounts via coupons made by artist do not impact the BTA fee.

  • The Event planner is responsible to pay possible travel, accommodation and other expenses for the Artist when the following conditions are met;

    • Travel expenses are paid by the Event planner if the Artist(s) travels over 50km to the event location (short distance travel expenses are included in the fee)

    • Accommodation expenses are paid by the Event planner if the Artist(s) travel over 50km to event location and the performance takes place between 24:00 – 06:00 and if accommodation is requested by the Artist

    • Transportation mode and accommodation are to be agreed between the Event planner & the Artist and expenses are paid against invoices provided by Artist(s)

 

Sections 4 – 6: Independent contractor, Communication, Recording / photography

Section 4: Independent contractor

  • It is mutually agreed and understood that the Artist is furnishing the services hereunder as an independent contractor and not as an employee of the Event planner or BTA. The Event planner or BTA shall not in any way control the Artist’s performance of services as to matters of creative detail, but the Event planner and BTA shall have the right to comment the general nature of the Performance as outlined in the Artist’s service description in BTA service and any additional Terms and Conditions which are attached hereto and incorporated by reference.

  • Artist shall be responsible for any and all taxes under the provisions of the respective country tax legislation, and/or any other applicable statutes regarding the tax liability for an Independent Contractor.

Section 5: Communication

  • As the BTA service only matches the Event planner and the Artist, including the fee collection and payment for the Artist both the Artist and the Event planner shall provide the information requested by any party on timely basis is it then related to performance content, data, time or any other topic related to the performance.

Section 6: Recording / photography

  • At Event planner’s discretion and expense, the Event planner may video, film, photograph and/or make audio recordings (collectively, the “Material”) of the Performance if agreed with the Artist and approved by the Artist. The Material may be incorporated in or used solely in connection with media productions created by or agreed to by the Purchaser for grant writing, promotional or archival purposes only. The Event planner shall not use any of the Material for any “for sale” or commercial purpose whatsoever without written consent and approval by the Artist under a separate agreement.

 

Sections 7 – 8: Press and promotions, Public relations

Section 7: Press and promotions

  • Event planner is hereby granted the right to include Artist’s name, likeness, voice and biographical information in promotional literature and advertisements for the Performance or for the festival, including television commercials and other media, and in any brochure for the festival series. Event planner is allowed to use material officially distributed by the artists or their representative in digital promotional use (i.e. Websites, Facebook events, etc)

Section 8: Public relations

  • The Artist provides biographical and promotional material via BTA artist profile and is not obligated to provide any additional materials. Any promotional material sent to Event planner does not become the property of Event planner for use in marketing and promoting Artist’s Performance. Artist is encouraged to provide the Event planner with any such promotional materials as the Artist believes will help represent them/him/her best in this effort.

 

Section 9: Merchandise agreement

Section 9: Merchandise agreement

  • The Artist or the artist’s agency, personal promoter, manager, record label or similar shall be allowed to sell merchandise at the event before, during and/or after the Performance unless the nature of the event that payment is required for merchandise sales. The following terms and conditions apply as well;

    • The Artist may sell CDs, DVDs, apparel, books, and posters on site at the event location as long as the merchandise is the property of Artist to sell and has a relevance to the Performance.

    • The Event planner shall have the right, at its discretion, to approve any merchandise to be sold and to refuse or limit the right of the Artist to sell merchandise (For example in case of weddings, birthdays, etc)

    • Merchandising sales may begin one (1) hour before the contracted Performance time and must conclude thirty (30) minutes after the Performance ends.

    • The Event planner will provide one six-foot table, a single power drop and two chairs to Artist for merchandise sales. The Artist must provide the staff, signage, and any and all sales tools needed to conduct the merchandise sales.

    • It is the responsibility of the Artist to operate and manage all merchandise sales and inventory; and to pay applicable taxes, if any.

 

Sections 10: Cancellation (by the Artist)

Section 10: Cancellation –  By The Artist

  • If for any reason other than an act of God or force majeure, it shall become necessary for the Artist to cancel Artist’s performance, the cancellation shall be subject to the following conditions:

    • If notice of cancellation is made 21 days or more in advance of the Performance date, there will be no penalty or damage charges. Notice must be made in writing stating the reasons for the cancellation. Notice must be made directly to the Event planner.

    • If notice is made less than 21 days in advance of the Performance, the Artist will be responsible for the reimbursement of any costs already incurred by Event planner in the promotion and/or production of the Performance. This includes, but is not limited to the cost of any advertising, marketing, labor and or equipment rentals that shall have been undertaken and/or incurred specifically for Artist’s Performance.

    • Artist shall also be responsible for all costs associated with re-booking the Performance that exceed the fee Artist is to be paid pursuant to this agreement.

    • If cancellation is done by the Artist, the Event planner has still a right to rate the Artist performance into the BTA service platform while BTA has a full right to comment the overall rating.

    • BTA service will pay 100% of the collected performance fee to the Event planner without any commission.

 

Sections 10: Cancellation (by the Event planner)

Section 10: Cancellation (cont’d) –  By The Event planner

  • In the event an act of God, riots, civil disorder, period of national mourning, rebellion, bomb threat, public health threat, or any natural disaster, other than non-catastrophic inclement weather, renders it impossible or impracticable for the Event planner to hold the Performance, Event planner shall have the right to cancel the Artist’s performance without any payment to Artist. Such cancellation shall not be deemed a breach of contract and shall not give rise to any cause of action against the Event planner.

  • In the event of inclement weather or other circumstances beyond the control of the Event planner, other than those enumerated in subsection above, which renders it impossible or impracticable for the Event planner to hold the Performance, the following conditions shall apply:

    • If the cancellation is communicated to the Artist 21 days before the show, 76,9% is paid back to the Event planner, 21% for the Artist and BTA transaction fee is 2,1%.

    • If the cancellation is done in less than one week (7 days), the BTA service will pay 65% back to the Event planner, 33,9% for the Artist and 2,1% goes to BTA as a transaction fee.

    • If the cancellation is communicated to the Artist prior to noon on the day before the scheduled Performance, the BTA service will pay the Artist fifty (50%) percent of the full Artist Payment, 47,9% for the Event planner and 2,1% as a transaction fee for BTA service.

 

Sections 11: Rules and regulations

Section 11: Rules and regulations

  • Regulations: The Artist acknowledges that the Event planner is producing the Performance pursuant to the terms and restrictions of license agreements, permits, consents and other approvals issued by the city of event location and other government entities. The Artist agrees to comply with all regulations, prohibitions and other provisions as may be mandated by such entities.

  • Rules: The Artist hereby acknowledges and agrees as follows: Prohibited Substances: At all times during the Performance, Artist shall not have in Artist’s possession or use, or be under the influence of any illegal drugs or alcohol in the manner that affects performance negatively.

  • Dress and Behaviour: The Performance might be open to the public and could be presented in a family environment. Artist agrees to use language appropriate to such an environment. Artist further agrees not to wear clothing or display any signage containing images or language that could be considered offensive to such an environment.

  • Sound and Lighting Levels: Artist shall comply with all applicable sound and lighting level ordinances as detailed by Event planner’s production. Unless agreed to otherwise in a writing signed by both parties, Artist agrees to use the sound and lighting services and personnel provided by Event planner for the audio and lighting reinforcement of the Performance. Artist agrees that all decisions regarding sound and lighting shall be made solely by the Event planner’s sound and lighting personnel and will abide by them accordingly if the Event planner has any if not agreed otherwise. Pyrotechnics: Artist shall not be permitted to have or use any type of electronic or pyrotechnic display or in any way create a hazardous condition for audience; Fire and smoking: If the event location is a nonsmoking facility. Artist agrees to smoke in the specified premises and not have any open flames.

 

Sections 12 – 14: Compliance with laws, Indemnification, Breach of contract

Section 12. Compliance with laws

  • The Artist(s) agrees to comply with all existing local laws and ordinances applicable to Artist’s Performance and to ensure like compliance by all persons and entities under the management and/or control of the Artist.

Section 13: Indemnification

  • The Artist will defend, indemnify and hold harmless Event planner and Event planner’s affiliates from and against all actions, costs, claims, losses and expenses and/or damages, including attorneys fees, arising out of or resulting from any breach by the Artist of Artist’s representations, warranties or agreements hereunder, including by not limited to negligence or alleged negligence of the Artist’s or the Artist’s employees, representatives or subcontractors for any injury to any guests or patrons or damage to property of the Venue caused solely or in part by the Artist’s actions, equipment, instruments or personnel within the control of Artist.

Section 14: Breach of contract

  • Failure of Artist and the Event planner to comply with any of the terms of this agreement, unless such terms have been waived, modified or deleted in a writing signed by duly authorized representatives of both Artist and the Event planner, may in the sole discretion of the Event planner, be declared a “Breach of Contract.” Any anticipatory breach of this Agreement may, in the sole discretion of the Event planner, entitle the Event planner to cancel the Performance and pursue possible remedies. All other instances of breach of contract will render the Artist liable to the Event planner for damages and other relief, including but not limited to injunctive relief.

 

Sections 15 – 18: Remedies, Assignment, Superseding agreement, Entire agreement

Section 15: Remedies

  • Any remedies the Artist may have against the Event planner in connection with this agreement or the use of the Material shall be limited to the right to recover damages, if any, in an action at law. The Artist hereby waives any right or remedy in equity, including the right to terminate this agreement or to rescind the Event planner’s right, title and interest in and to the Material or the results and/or proceeds of the Performance or to enjoin, restrain, or otherwise impair in any manner the production, distribution, advertising or any other exploitation of any media production incorporating the Material, or any parts or elements thereof.

Section 16: Assignment

  • Neither party shall have the right to assign its rights and/or obligations under this agreement to another person or entity without the prior written consent of the other party.

Section 17: Superseding agreement

  • The parties agree that in the event any term of this agreement shall conflict with a term contained in any other contractual document to which either the Event planner or the Artist are a party, the term in this agreement shall control and take precedence.

Section 18: Entire agreement

  • This agreement and the Artist profile and package description in BTA service contains the full understanding of the parties with respect to the matters and supersedes all prior agreements and understandings, whether written or oral, pertaining thereto, and may not be amended or modified except by a writing signed by both parties.

  • BTA can not be held responsible for agreed terms made by both parties.

 

Sections 19 – 21: Notices, Governing law, Arbitration

Section 19: Notices

  • All notices, requests, demands and other communications hereunder that affect the performances of any obligation set forth in this document, shall be made in writing and hand-delivered, e-mailed or mailed with postage prepaid to the party intended at the address set forth at the end of the agreement if not agreed some other delivery method.

Section 20: Governing law

  • Any disputes related to this agreement between the Artist and the Event planner shall be construed and enforced in accordance with the laws of the Artist home city & country.

  • Any disputes related to BTA shall be construed and enforced in accordance with laws of Finland and European union.

Section 21: Arbitration

  • The parties will attempt in good faith to settle any claim or controversy arising out of or relating to this agreement through consultation, negotiation, and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by the parties or will be submitted to arbitration in accordance with the rules of the Artist’s home country legislation. Each party will bear its own expenses, and the decision of the mediator or arbitrator will be final and binding and may be enforced in any court of competent jurisdiction.

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement when the Artist has uploaded his/her profile and the Event planner has booked & payed the performance of the Artist.

 

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If you have any questions about these Terms, please contact us.
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