These Terms & Conditions are valid from 1st January 2022. For Terms & Conditions prior to this date, please click here
The Booking Form (as defined below) and terms and conditions below (Conditions) together comprise the “Agreement” relating to the provision of entertainment booking services to You by AOK Events Limited (reg. number 3972760) trading as AOK Entertains (“AOK”, “we” and “us”).
To contact us, telephone our customer service team at 020 8222 8420 or email us at firstname.lastname@example.org. How to give us formal notice of any matter under the Agreement is set out in clause 16.3.
If there is any conflict or inconsistency between a provision in the Booking Form and a provision in these Conditions, the provision in the Booking Form shall take precedence.
Any capitalised terms used in this Agreement shall have the meanings given to them in clause 1 of these Conditions.
Artist means a performance sourced by AOK to provide a Performance at the Event.
Booking Form means the booking form setting out the key commercial terms relating to the booking which include the following details:
Your details (including contact details);
Booking name and reference;
Description of the Performance required (including Event details, Venue details, description of any other services required and details of Guests);
Confirmation that you wish to contract with AOK as principal; and
Details of the total Fees payable by you.
Commencement Date has the meaning given in clause 2.3.
Event means the event in respect of which AOK is delivering entertainment booking services, as detailed in the Booking Form.
Fees means the fees payable by you to AOK for the Services, as set out on AOK’s invoice.
Payment Terms means the payment terms applicable to the Fees, as set out on AOK’s invoice.
Performance means the performance required by you for the Event.
Services means the entertainment booking services provided by AOK as detailed in the Booking Form and these Conditions.
Start Date means the date of receipt by AOK of your acceptance of this Agreement, whether online or in hard copy.
Term has the meaning given to it in clause 2.3.
YOUR BOOKING FORM AND ITS ACCEPTANCE
Completing the Booking Form. When you submit your Booking Form to us, this is an offer by you to purchase the Services subject to these Conditions. Our order process allows you to check and amend any errors before submitting your Booking Form to us. Please check the Booking Form carefully before confirming it. You are responsible for ensuring that your Booking Form is complete and accurate. If you provide us with inaccurate or incomplete information in the Booking Form, we will not be liable for any delay, non-performance or incorrect performance caused as a result.
Acknowledging receipt of your Booking Form. After you submit your Booking Form to us, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order for Services has been accepted. Our acceptance of your order will take place as described in clause 3.
Accepting your order. Our acceptance of your order takes place when we send an email to you to accept your Booking Form (Order Confirmation), at which point and on which date (Commencement Date) the Agreement between you and us will come into existence. The Agreement will continue until the completion of the Event or the completion of the Services (whichever is later) or unless and until otherwise terminated in accordance with clause 9 (Term).
You engage AOK to perform the Services in accordance with the Agreement for the duration of the Term. You acknowledge that AOK is appointed to provide the Services on a non-exclusive basis and nothing shall prevent AOK from providing any services of the same or similar nature to any third party.
If we cannot accept your Booking Form. If we are unable to supply you with the Services for any reason, we will inform you of this by email.
CONFIRMING AND CHANGING A BOOKING
Once we have sourced a suitable Artist for your Event in accordance with the criteria you have given in the Booking Form, we will inform you of this and ask you whether you wish to accept the proposed Artist. If you accept the proposed Artist, this will constitute a Booking. Until you confirm your acceptance of the proposed Artist, you acknowledge that no particular Artist or date or time for the Performance is reserved or guaranteed.
You may request changes to the Booking at any time before the Event. All change requests should be submitted to us and we will liaise directly with the Artist. The Artist will use reasonable endeavours to accommodate any requested change but you acknowledge that the Artist is under no obligation to do so.
If a change is agreed, we will notify you of any changes to the Fees, the timing of the Performance or anything else which may be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead. If you do not confirm whether you wish to go ahead with the requested change within five working days, the Booking will remain unchanged and the Artist will provide the Performance at the original Fees agreed and without the requested change.
You shall pay the Fees to us in accordance with the Payment Terms and no later than 30 calendar days before the Event. If the Event is due to take place less than 30 days from the Commencement Date, you must instead pay the balance of the Fees to us when submitting your Booking Form.
The Fees shall be payable by way of bank transfer to the bank account nominated by AOK from time to time or other payment method specified in the Booking Form.
All amounts payable under this Agreement are exclusive of VAT (unless otherwise specified in the Booking Form) and shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding required by law).
In addition to the payment of the Fees, you will also reimburse us for all reasonable expenses which have been properly incurred by us in connection with the provision of the Services. You must pay these expenses in accordance with the Payment Terms.
If You fail to make payment of the Fees to us by the due date, then, without limiting our other remedies under this Agreement, you must pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. We may also cease provision of the Services, refuse to book any other acts or events or purchase tickets under any other contract with you and cancel any uncompleted bookings.
You agree and acknowledge that the Artist will have no obligation to provide any Performance if payment of the Fees has not been made in full to us before the date of the Event.
In respect of the Venue for the Performance, You will ensure that:
the Venue will be available for the Artist to provide the Performance on the date and time of the Event as set out in the Performance Booking Form and that the Venue will be ready for the Artist to set up at the agreed set up time.
the Venue will supply a safe power supply.
the Venue will provide a safe, dry and level performance area for the Artist’s Performance. Where the Venue is outdoors, you will ensure that there is an indoor area for the Performance in the event that weather conditions make it unsafe, impracticable or unsuitable to begin or continue the Performance outdoors.
the Venue holds any relevant licences (including any necessary live music licences) required for the Artist’s Performance.
the Venue complies with all relevant health and safety guidance and legislation and does not put the Artist, their set or equipment at any risk of harm.
the Venue does not have any inhibiting noise limiters. If the Venue does have a limiter, you should contact us to discuss. We cannot guarantee the quality of the Artist’s Performance nor will we be held responsible for non-performance where the sound limiter is set too low for live performance.
You also confirm that:
free parking will be available to the Artist and all vehicles associated with the Artist. If no free parking is generally available, you will be liable for the costs of parking. We will present receipts and an invoice to you for parking expenses within 7 days of the Performance.
an adequate and secure area for the Artist to change in will be provided, if required.
the Artist will be provided with appropriate refreshments for the duration of their time at the Venue.
you will ensure that no other person attending the Event gains access to, uses, or interferes with any equipment belonging to the Artist without the Artist’s express permission. You will indemnify AOK and/or the Artist for any damage to its equipment caused by you, your employees and/or your guests at the Event.
you will co-operate with AOK in all matters relating to the Services to ensure the timely and proper performance by AOK of the Services.
You undertake that you will negotiate any further bookings of the Artist with AOK, for a period of 18 months after the Event and that you are precluded from booking directly with the Artist in that period.
If our ability to perform the Services, or the Artist’s Performance, is prevented or delayed by any failure by you to fulfil any obligation listed in this clause 5 (Your Default):
we will be entitled to suspend performance of the Services, or the Artist’s Performance until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services or the Artist’s Performance, in each case to the extent Your Default prevents or delays performance of the Services or the Artist’s Performance. In certain circumstances Your Default may entitle us to terminate the Agreement under clause 9;
we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services or the Artist’s Performance; and
it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
We shall perform the Services during the Term with reasonable skill and care and in compliance with applicable laws.
We shall use our reasonable endeavours to meet any performance dates or milestones set out in the Booking Form but any such dates are estimates only and time for performance shall not be of the essence.
If any expenses are agreed, we will supply you with an invoice setting out those expenses within 7 days of the Event, with payment due 7 days after that.
RECORDING OF THE PERFORMANCE
You, the Artist and AOK will be permitted to display any photographs or videos of the Performance to promote its business in advertising, brochures, magazine articles, social media, websites, blogs, and other marketing material, or for personal use.
Cancellation by You
If you wish to terminate the Agreement, you must do so by notifying us in writing. You will be required to pay a cancellation fee to us equal to 100% of the Fees. We may, in our discretion, liaise with you to rearrange your Booking with the Artist, in which case the cancellation fee will not apply if the Booking is rearranged.
You acknowledge and agree that the cancellation fees set out above are reasonable. AOK levies these charges as a genuine pre-estimate of its loss, both to cover its administration costs and to protect it against losses when customers cancel bookings.
We will use our reasonable endeavours to mitigate any additional third-party costs which arise as a result of any cancellation by you. Notwithstanding this, you agree to indemnify AOK from and against any and all third-party costs, claims, damages and expenses suffered or incurred by us as a result of any cancellation pursuant to clause 1.
If you are a consumer, you may have cancellation rights under consumer law. You should contact us to discuss if you wish to terminate the Agreement.
Cancellation by the Artist / AOK
If the Artist cancels the Performance at any time, AOK will:
liaise with you and the Artist to move the Booking to an alternative date, in which case this Agreement will be varied accordingly; or
if the Artist is not available for an alternative date, we will use reasonable endeavours to find an alternative artist for you and will move any Fees paid to this new booking, in which case this Agreement will terminate; or
if an alternative date or artist cannot be found, refund any Fees paid in advance by you before the cancellation, in which case this Agreement will terminate.
AOK may terminate this Agreement immediately by written notice to you if:
you undergo an insolvency related event;
you commit a material breach of this Agreement which cannot be remedied; or
you commit a remediable material breach and fail to remedy such breach within 30 days of receipt of notice from AOK requesting the remedy of such breach.
Termination of this Agreement shall be without prejudice to any rights and/or obligations of either party accruing prior to the date of such termination.
Upon the expiry of the Term or earlier termination of this Agreement:
AOK shall cease to provide the Services; and
all sums due to AOK shall become immediately payable by you.
Any clauses of this Agreement which are intended to survive the termination or expiry of this Agreement shall continue with full effect notwithstanding the expiry or termination of this Agreement.
LIMITATION OF LIABILITY
Whilst the Artist will endeavour to ensure that the Performance is enjoyable for the guests at the Event, AOK will not be responsible or liable if you or the person for whom the Event is arranged, or any other persons do not enjoy the Performance.
If you are a consumer under consumer law:
we will be responsible for any foreseeable loss or damage that you may suffer as a result of AOK’s breach of this Agreement or its negligence. We will not be responsible for any loss or damage that is not foreseeable, that is caused by a delaying event outside its control (see clause 11), any losses that could have been avoided by you or any business loss.
If you are a business:
we will not be liable for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.
subject to the above, our total liability to you for all loss or damage shall not exceed the Fees payable by you under this Agreement.
Nothing in this Agreement is intended to or will exclude or limit any party’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or any other liability which cannot legally be limited.
EVENTS OUTSIDE OUR CONTROL
No party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Where an event outside a party’s control occurs, the affected party shall notify the other in writing as soon as possible. We will endeavour to reschedule the Booking where possible and the Agreement may be transferred to the new scheduled date where this occurs. If rescheduling is not possible, no cancellation fee will be payable by you and a refund of any Fees paid in advance of the Performance will be made to you.
Nothwithstanding any provision in the Agreement, it is agreed that AOK or you shall be entitled to postpone this Agreement by notice in writing as a direct result of coronavirus in the event that, acting reasonably and in good faith, that party considers that it is inappropriate to stage the Event and/or staging the Event would harm the name and reputation of either party, and in such an event, the parties agree to postpone the Event to a date to be mutually agreed and all of the same terms and conditions shall apply, and the Agreement shall be deemed amended accordingly.
You agree to use best endeavours to ensure that all the guests at the Event will have separate and adequate insurance cover to protect them and their property against the risk of injury or harm accruing to them as a result of attending the Event. AOK shall not be liable in any circumstances for any personal injury or loss of damage to personal property at an Event.
AOK shall maintain in place throughout the Term reasonable insurance policies to cover its potential liabilities under this Agreement, with a reputable insurance provider, and shall provide copies of the same to you upon written request.
Each party warrants and undertakes to the other that it:
has full right, title and authority to enter into this Agreement and to perform the obligations imposed on it under this Agreement and that it is not a party to any agreement with any third party that might conflict with the terms of this Agreement;
will not make any defamatory statements or comments about the other party; and
will not make any statement or knowingly do anything or omit to do anything which brings the other party into disrepute.
AOK gives no warranty about the Performance for which the booking is made, including as to its quality, suitability or otherwise. AOK also excludes all other warranties (whether express or implied, statutory or otherwise) to the fullest extent permitted by law.
AOK is committed to the protection of your personal data which we process in connection with this Agreement. AOK will only process your personal data in accordance with the data protection statement notified to you as part of the booking process and which can be accessed here – GDPR statement.
Save as otherwise permitted in this Agreement, each party undertakes that it shall not at any time during the Term, and for a period of five years after termination or expiry of this Agreement, disclose to any person any Confidential Information concerning the other party, except as permitted by clause 2.
Each party may disclose the other party’s Confidential Information:
to its employees, officers, representatives, sub-contractors or advisers who need to know such information for the purposes of carrying out that party’s obligations under this Agreement and in each case, who agree to comply with the confidentiality obligations set out in this clause 15;
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
if such disclosure has been approved in writing by the other party.
Entire agreement. The Agreement and any documents referred to in it constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.
Governing law and jurisdiction. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Any notice to be given under this Agreement shall be deemed to have been duly given if sent or delivered by: a) hand; or b) express or air mail or other fast postal or courier service; or c) email (save that notice of purported termination or alleged breach of this Agreement shall not be served by email but via another permitted means) in each case to the postal or email address as either party may from time to time notify to the other for the purposes of receipt of such notices. Any notice served by hand, or by a courier or other postal service pursuant to b) above shall be duly served upon receipt by the addressee and where the notice or other document is given by email, service will be deemed to have taken place simultaneously with the delivery or transmission (provided that evidence of successful transmission can be produced). The provisions of this clause 16.3 shall not apply to the service of any proceedings or other documents in any legal action.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be deemed deleted from this Agreement and the remainder of this Agreement shall not be affected. Should the foregoing apply, the Parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to this Agreement which may be necessary in order to effect, as close as possible, the commercial intent of this Agreement.
Variation. No amendments to this Agreement shall be effective unless agreed in writing by the Parties.