Who are we?
1. Creating an account
1.1 You can create an account by accessing the Connect with Artists page where you are required to input your details to create a profile. It is your responsibility to ensure that your details are true, correct and accurate.
1.2 Once you have created your profile, our team will contact you to discuss your profile and requirements. Our team will then activate your account and if relevant list your events and any Booking requirements and may also carry out checks to confirm your identity which may include telephone calls to confirm identity and request of identity documentation. If you are unable to or refuse to comply with our reasonable requests under this clause, or if we suspect that any information that you have given us is untrue, inaccurate, false or misleading, we reserve the right to suspend or terminate all of your accounts and to prevent you from using our website in future.
1.3 In creating an account, you will be required to input a password. It is your responsibility to ensure that you input a secure password and maintain the confidentiality of your password.
1.4 You will at all times remain fully responsibility for your account, including the information, events and Artist and Booking requirements listed under your account and we cannot be held liable for any loss or damage or other liability arising from any unauthorised access use of your account or from your failure to comply with this clause.
1.5 It is your responsibility to immediately notify us of any unauthorised use of your password or account or of any other breach of security in relation to your account.
1.6 We reserve the right to close any accounts which have not listed an event or made a Booking for a period of 6 months.
1.7 Your creation of a profile and submitting your information constitutes an offer to us to list your events. Once we have made an initial set-up call to you and carried out any necessary checks, we will send you an email confirming that your account has gone live and it is at this point that a contract is formed between us and you on these terms.
2. Making a Booking
2.1 Once your event or Booking requirements are listed, you may receive quotations from Artists. You can then choose an Artist/Artists and proceed to complete our digital contract and terms of booking form.
2.2 We will process your payment and generate and email to you a digital contract and it is at this point that a legally binding contract is formed between you and the Artist (Contract).
2.3 It is your responsibility to ensure that the information that you input on your account, event and booking form is correct, including any changes to an event including changes to the date, time or venue. Any loss suffered as a result of inaccurate details being input by you will be borne solely by you and will remain your responsibility. In the event that you fail to provide true,complete and accurate particulars, we may at our sole discretion suspend or terminate your account and we will be entitled to seek compensation from you for any direct costs or losses suffered as a result of such failures.
3. Fees and payments
3.1 Our booking fees in respect of each booking will be agreed with you prior to your event or Booking requirements being listed and will normally be a percentage of the total fees payable under the Contract (Booking Fee).
3.2 We will collect payments using stripe payment processing and any fees due to us under this clause will be paid directly to us with the balance being transferred automatically to the Artist stripe.
3.3 The Booking Fees are non-refundable and will not be refunded in the event of cancellation or non-performance of the Contract.
4. Cancelling or changing events or Bookings
4.1 If any changes need to be made in relation to an event or Booking or if an event or Booking needs to be cancelled, it is your responsibility to ensure that your listing is amended appropriately and that the Artist is informed as soon as possible. You must also notify us of any such changes or cancellations in writing (by email) as soon as possible.
4.2 The Contract will detail the charges and fees payable in the event of any cancellations of events or Bookings, and it is your responsibility to familiarise yourself wit these charges and fees.
4.3 We will not be responsible for any costs or charges associated with or stemming from the cancellation of an event or Booking for any reason.
5. Your obligations
5.1 During the time that your account shall remain active you shall:-
5.1.2 ensure that your account information remains true, accurate and complete at all times and notify us or update your account in the event of any changes to your account details;
5.1.3 ensure that your event listings and Booking requirements remain true and accurate and updated at all times and ensure that any amendments to events or Bookings or cancellations of the events or Bookings are updated as soon as possible and notified to us in writing (by email);
5.1.4 deal with any enquires in an efficient and appropriate manner;
5.1.5 ensure that you do not act in any manner which may cause any damage to our reputation.
5.2 You warrant and represent that:
5.2.1 you are the event owner and have the necessary authority to list the event and make Bookings;
5.2.2 you have obtained all necessary approvals and consents required for the running of the event;
5.2.3 that the event and the Booking complies with all applicable laws and regulations;
5.2.4 that you own or have permission to use any intellectual property displayed in relation to the event and the Booking on our website;
6.1 You shall indemnify us for any losses, damages, liabilities, costs and expenses (including professional fees) incurred by us as a result of any action, demand or claim:
6.1.1 that the use or display of any intellectual property in relation to an event or Booking on our website infringes the intellectual property rights of any this party (a third party claim);
6.1.2 that we are in breach of any applicable laws as a result of any act or omission by you;
6.1.3 made against us by a third party (including Artists) arising from any Bookings or under the Contract, including for the cancellation or amendment of any Bookings.
7. Data Protection
7.2 It is your responsibility to ensure that you comply with all applicable data protection laws including the provisions of the Data Protection Act 1998 and any provisions resulting from the EU Data Directive.
8. Limitation of liability
8.1 The extent of our liability to you (regardless of whether such liability arises in tort, contract or any other way and whether or caused by negligence or misrepresentation) shall be set out in this clause.
8.2 Subject to clauses 9.5 and 9.7, our total liability to you shall not exceed the sum of £1,000,000.
8.3 Subject to clauses 9.5 and 9.7, we shall not be liable to you for any consequential, indirect or special losses.
8.4 Subject to clauses 9.5 and 9.7, we shall not be liable to you for any of the following losses (whether direct or indirect), loss of business, loss of income, loss of profit, loss of goodwill, loss or corruption of data or loss or damage arising from or connected in any way to business interruptions.
8.5 Limitation of liability set out in clauses 9.2 and 9.4 shall not apply in respect of the indemnities given by you to us.
8.6 Except as expressly stated in these Terms and subject to clause 9.7 all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
8.7 Nothing in this clause shall limit or exclude the liability of the parties in any way in respect of the following:-
8.7.1 death or personal injury caused by negligence;
8.7.2 fraud or fraudulent misrepresentation; and
8.7.3 any other losses which cannot be excluded or are limited by applicable law.
9. Intellectual property
9.1 Intellectual property rights in Entertainrr and www.entertainrr.com whether registered or unregistered, vest in Razr Media Limited. You are not permitted to use our marks or logos on your website without our permission.
10.1 If any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provisions of these Terms shall not be affected.
10.2 These Terms and any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.3 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims).