(i) Bookartisteonline, shall mean Echelon Creative Agency Ltd. A company incorporated under the Companies and Allied Act 2004 with REG. No. 632442, engages in providing its Services through its online platform viz. www. Bookartisteonline.com which connects event planners with the performers, actors, comedians and other entertainers empanelled with Bookartisteonline, who they deem suitable for any particular event.
(ii) Event, shall mean events like product launch, weddings, birthdays, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. as may be undertaken by the Client.
(iii). Performance Fee , shall mean the performance fees provided by the Artiste for rendering the requisite services in any Event.
(iv). Service , means Bookartisteonline as currently provided at the uniform resource locator "www. Bookartisteonline.com", an internet-based means of access (including all versions and updates thereto) to the Artiste and the Artiste Data and such other functionality and material as may be offered to Client from time to time at Bookartisteonline sole discretion.
(iv). Artiste/Client Data , shall mean the personal profile(s), skill sets, pictures, audios, videos, contact details, assignments undertaken, fees and rates or other data in any form including information, text, message, graphic, voice, video, etc, relating to the Artiste/Client provided during registration at Bookartisteonline.
(v). Technical Riders ,shall mean the ‘Artistes’ requirements for food, accommodation, dressing rooms, technical specifications, equipment(s) setup, stand-in persons and other necessary requirements to be provided in the Booking Form to be furnished by the Artist for its acceptance of any Event
The provisions hereto are to confirm the details of the engagement, not to secure the engagement and upon acceptance by yourself ("Artiste/Client"), it will be deemed as a legally binding contract between bookartisteonline(Echelon Creative Agency) and the Artiste/Client.
The Artiste shall confirm the Booking after receiving a 60% ‘Part Payment’ of the agreed performance fees. And shall be bound to perform at the Event on the date specified and at the Performance Fee specified in the Booking Form.
Artiste agrees that Bookartisteonline shall be entitled to 15% (inclusive of service tax) of the Performance Fee being paid to the Artiste for any Event booked through Bookartisteonline, as its service charge.
Bookartisteonline is entitled to deduct this service charge from any amount paid in full by the Client/Event organizers to the Artiste. Artiste agrees that it is solely liable for the amount payable to Bookartisteonline as service charge and that the service charge shall be deducted from any amount payable to the Artiste.
Subject to the terms of the Booking Form, the agreed Performance Fee shall be paid in full into Bookartisteonline assigned bank account. In which 60% of the money will be paid by direct deposit into the Artiste bank account as specified in the Booking Form or with a Payee cheque in the name of the Artiste within 5 working days.
If the Artiste is required to perform at the Event for longer than the time of performance indicated in his/her quote during his/her shortlisting, the Artiste agrees and acknowledges that such extended performance shall be his/her sole discretion and any additional surcharge towards the extended performance shall be as per agreement with the Client and will be paid to the Artiste upon receipt from the Client.
The Artiste acknowledges that the provision of the Technical Riders shall be the sole responsibility of the Client at their own expense and Bookartisteonline has no responsibility in this regard except that it has conveyed the same to the Client.
The Performance Fee by the Artiste will be inclusive of all expenses required by the Artiste to perform at the Event, unless otherwise agreed. The Artiste agrees to include any such expenses (like travel expenses, taxis, food, rehearsal time, hotels, flights, parking etc) within the Technical Riders and shall remain subject to approval by the Client.
Bookartisteonline cannot be held responsible for the actions or failures of either the Client or Artiste. Any dispute between the Client and the Artiste based on changes to the contract/performance that were agreed by both the Client and the Artiste must be settled between the ‘Client’ and the ‘Artiste’ directly.
In case of cancellation of the Event by the Client pursuant to this Booking Form, Bookartisteonline shall inform the Artiste of the cancellation immediately. In such event, the Cancellation Fees, if any, provided in the Booking Form shall be paid to the Artiste within 7 days of receipt from the Client.
Cancellation by the ‘Artiste’ is not allowed for any reason except circumstances covered by ‘force majeure’ as provided in Clause 17 hereto. In the unlikely event that the ‘Artiste’ cancels the booking, the Artiste shall be liable to refund in full any and all fees / advance received for the Event and indemnify for any loss incurred by Bookartisteonline including but not limited to the increased performance fees charged by the replacement artiste, if any arranged by Bookartisteonline for the Event. The Artiste understands and acknowledges that this liability to indemnify Bookartisteonline is in addition to any damages pursued by the Client against the Artiste for the cancellation.
The ‘Artiste’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘Artistes’, as known to Bookartisteonline and as advertised to the ‘Client’ via distribution of the ‘Artistes’ demo CD’s, promotional materials, profiles, pictures, videos, web page etc.
The artiste 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 ‘Artiste’ 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 ‘Artistes’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The ‘Artiste’ will refrain from excessive drinking before, during and after the performance at all times when the ‘Client’ or their guests are present. The ‘Artiste’ 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 supporters or artistes.
The ‘Artiste’ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The ‘Artiste’ will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon them, Bookartisteonline or the ‘Client’. The adjustment of the volume and sound level of any equipment shall be as the ‘Client’ reasonably requires.
The ‘Artiste’ 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 ‘Artiste’ shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing of other attire is deemed to be a necessary part of their act.
The ‘Artiste’ is not employed by Bookartisteonline and they are responsible for their own accounting and payment of income tax, service tax etc.
Bookartisteonline has the explicit right, but not the obligation, to suspend and/or remove any Vendor or Artiste from the Website at any time at its sole discretion. Without limiting the previous sentence, Bookartisteonline has the explicit right, but not the obligation, to suspend and/or remove any Vendor or Artist from the Website at any time for any breach or suspected breach of the terms of this Agreement.
It is understood by the Artiste that the Client(s) in terms of their engagement with Bookartisteonline are prohibited to make any direct deal with the Artiste(s) without the prior permission of Bookartisteonline.
The Artiste undertakes to not approach, engage, solicit, make or accept any offers and/or otherwise deal with the Client(s), directly or indirectly, without Bookartisteonline 's involvement for any event undertaken by the Client.
The ‘Artiste’ 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 Bookartisteonline, to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artiste’ must inform the person/s concerned to contact Bookartisteonline.
In the event of any such engagement between the Artiste and the Client to be found in later stage, the Artiste shall be liable to pay Bookartisteonline a penalty of N750,000 which the Artiste acknowledges as reasonable and justified compensation to Bookartisteonline for breach of contract. This clause shall survive the Event with respect to the Client and organizers of the Event.
Artiste shall not sell any goods, products, merchandise or services (other than the services provided herein on the property of Bookartisteonline / Client except by express written permission of the Bookartisteonline.
Bookartisteonline has the right to record and upload the photos, videos, testimonials, interviews (hereinafter referred to as "Content") of the performance of the Artiste on the Website to showcase and promote Artiste's work in order to generate more bookings for the Artiste. The copyrights of such work shall be jointly owned by the Artiste and Bookartisteonline.
Bookartisteonline / Client shall be entitled to advertise and promote the appearance of Artiste at the Event. Artiste acknowledges that Bookartisteonline / Client will rely on the terms hereof in all such promotions and advertising. Artiste hereby acknowledges and agree that Bookartisteonline / Client may use their name(s), photographs, likeness, facsimile in promotional materials and advertising designed to increase the attendance at the Event.
Artiste agrees to indemnify, defend and hold harmless Bookartisteonline from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Bookartisteonline that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms and Conditions. This Clause shall survive with respect to the Client(s) with whom the Artiste has undertaken Event(s) through Bookartisteonline.
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 ‘Artiste’ or ‘Client’, then the ‘Artiste’ may cancel this booking without penalty other than loss of Performance Fee.
Artiste acknowledges that they shall perform their obligations hereunder as an independent contractor and not as an employee of Bookartisteonline. Artiste shall have sole control and direction in the conduct of the performance at the Event.
The Artiste shall not without prior consent of the Bookartisteonline disclose or publish in any media or use contrary to these terms and conditions, the confidential information of the Bookartisteonline or any derivative works there from.
The Artiste shall maintain utmost confidentiality with regard to any information, materials, plans, discussions, strategies, agreements or any outcomes or products as a result of or related to the collaboration. Any information, materials etc which are already in public domain or which are not proprietary to any Party shall not form part of the confidentiality obligations.
The Artiste is required to update availability calendar directly or through his/her representative, manager or the management company on the Website. Once the calendar is updated the same can be used by Bookartisteonline and the Customers to see the availability of the Artiste for a live performance. The Artiste can either accept or reject a booking request for a live performance through Website.
These Terms and Conditions shall be construed according to and subject to the laws and courts of Nigeria and shall have exclusive jurisdiction to try any matter relating to or arising out of this Agreement.
Derogatory Comments & Slander
Derogatory and/or slanderous comments made by any Artiste / Client about other Artiste / Client are not permitted.