Terms of Business for Bianca Miller-Cole & The Be Group
The Be Group is a trading name of Be Styled UK Ltd
Services and Engagement
The Be Group will provide the Services on the terms and conditions set out in the Agreement.
Invoicing and Payment
The Client shall pay to The Be Group the Fees in consideration for the performance of the Services.
100% balance is payable within 10 days of receipt of this invoice , in all cases in advance of the event booking date. This invoice is an offer will only become a confirmed booking on receipt of full payment.
Payment can be made via BACS or CHAPS to; Be Styled UK. Please make payments to the bank account details as listed above.
In the event that payment is made by cheque, the final payment cheque must be received within the specified terms.
The Be Group warrants on an ongoing basis that it will use reasonable endeavours to ensure that, if the Artiste/Trainer cannot attend the Event on the date(s) and at the time(s) agreed for any reason, then it shall inform the Client as soon as practicable and try to find a replacement which is acceptable to the Client. If a replacement is not acceptable to the Client, then a full refund will be paid to the Client.
The Client warrants that it shall be responsible for holding all insurances related to the Event including but not limited to public liability insurance. The Client further warrants that:
- 3.1 it shall only contact the Artiste/Trainer through The Be Group prior to the Event;
- 3.2 it will use its best endeavours to ensure that the Artiste’s/Trainer‘s attendance at the Event if recorded, will not be shared externally without permission of the Artise/Trainer;
- 3.3 any further bookings between the Client and the Artiste//Trainer (whether directly or indirectly) within 24 months of the date hereof shall be made through The Be Group exclusively; and
- 3.4 no programme information or publicity or announcements relating to the Artiste’s//Trainer attendance at the Event will be released without the express written approval of The Be Group before it has been sent out.
4.1 The Client agrees that The Be Group shall not be liable for any losses arising from the Artiste’s//Trainer’s attendance at the Event and shall indemnify and keep indemnified The Be Group against all losses, claims, damages, liabilities, additional licence fees and expenses (including all reasonable legal fees) incurred by or awarded against The Be Group or which are agreed by The Be Group to be paid by way of settlement or compromise arising out of the Artiste’s/ /Trainer’s attendance at the Event.
5.1 Neither party limits its liability:
5.1.1 for fraud or theft; or
5.1.2 for death or personal injury caused by its proven gross negligence; or
5.3 under clauses 4 and 7 subject to clause 5.1, the total aggregate liability of the Client will be a maximum of the total Fees paid or payable under this Agreement. 5.3 Subject to clause 5.1 the total aggregate liability of The Be Group will be a maximum of the total Fees paid under this Agreement.
5.4 Subject to clause 5.1 and the Client’s obligation to pay the Fees in full, neither party will be liable to the other for any indirect or consequential loss or damage or any loss of business or profits (whether direct or indirect) in each case whether arising from negligence, breach of contract or otherwise.
6 Termination, Cancellation and Refunds
6.1 The parties agree that amounts shall be refunded to the Client for any cancellation of the Artiste’s/ /Trainer’s attendance at the Event as follows:
If The Be Group is made aware of the Client cancelling the event by either the Artiste/Trainer or the Client:
6.1.1 3 months or more prior to the Event, then 75% of the Fees paid shall be refunded within 30 days;
6.1.2 6 weeks or more prior to the Event, then 50% of the Fees paid shall be refunded within 30 days;
6.1.3 Less than 6 weeks prior to the event, then no refund shall be payable.
6.2 Should the Client be the subject of any adverse publicity of a substantive nature between the date hereof and the Event which, in the reasonable opinion of the Artiste in association with The Be Group, would harm his/her reputation, The Be Group may terminate this Agreement with immediate written notice. Subject to the above and clause 9.3, this Agreement shall not be terminated by either party prior to the Event.
6.3 Late Payment; It is at the discretion of The Be Group whether to cancel the booking if payment is not made within the specified terms. Payments made after the booking is complete will be subject to a 30% late payment fee in addition to the booking balance. If payment has not been received 30 days after the booking completion, the payment will be referred to a collection agency.
7 Confidentiality and Publicity
7.1 From time to time during the Term confidential information may be given by one party to this Agreement (the “Disclosing Party”) to the other party (the “Receiving Party”). The Receiving Party will treat and keep all confidential information as secret and confidential and will not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose (whether in writing or orally or in any other manner) confidential information to any other person other than in accordance with the terms of this Agreement. Notwithstanding the foregoing, the Client agrees that The Be Group may list the Client as one of its business partners/clients in any marketing material which it produces.
This Agreement shall in all respects be governed by and be construed in accordance with the law of England, and all disputes, actions and other matters in connection therewith shall be determined in accordance with such law.
- 1 The Client may not assign the benefit of this Agreement without the prior consent of The Be Group.
- 2 Any change to this Agreement must be in writing (either via email, letter or fax) and signed or formally acknowledged by both parties.
- 3 Subject to clause 6.1, neither party shall be liable to the other for any delay in performance of failure to perform its obligations in accordance with this Agreement where such delay or failure is due to circumstances beyond its reasonable control, such circumstances including but not restricted to fire, flood, government act, act of God and legislative constraints (“Force Majeure Event”). In the event that a Force Majeure event occurs rendering the provision of the Services impossible, then this Agreement may be terminated upon forty eight hours’ notice by either party and The Be Group shall have no liability to the Client for any costs incurred as a result of such termination.
- 4 This Agreement shall automatically terminate once the Services have been provided on the date(s) and at the time(s) agreed provided that clauses 3, 5, 6, 7 and 8.1 shall survive termination. The Client shall be liable for any monies reasonably incurred in the event of cancellation under the above means.
- 5 This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter of this Agreement and supersedes all former warranties, statements, representations, understandings, undertakings and agreements (in each case whether written or oral) made by or between the parties relating to such subject matter. The parties have not relied upon, and shall have no remedy in respect of, any warranty, statement, representation, understanding or undertaking made by any party (whether or not that party is a party to this Agreement) unless it is expressly set out in this Agreement.
- 6 The Client agrees to provide (at its cost) a suitable venue which is appropriate for the Artiste/Trainer and which is properly lit, heated and ventilated; and all technical support required to enable the Artiste//Trainer to carry out their services.
- 7 The parties agree that this Agreement may also be used as “framework terms” such that, any future engagement of the Artiste (or a different artiste) may be agreed between the Client and The Be Group subject to these terms.