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Booking agreement · Friday 12 February 2027 · marked up for your review
Two versions of the same document. With notes shows a short line under every change explaining what moved and why. Clean is the same document with the notes taken out. Nothing else differs between them.
Steve - same contract, same running order, same clause numbers. The changes are marked with a short note underneath so you can see at a glance what moved and why. Nothing here changes the deal we shook on: 70/30 our way, you on the room, us on Sean and the support.
THIS AGREEMENT is made the ............ day of ........................ 2026.
For discussion Left the date blank so it can be filled in on the day it is signed.
BETWEEN
(1) Pro-Act Marketing Ltd trading as Comedy Hall at Tiverton Community Arts Theatre ("the Club"); and
(2) SCJ Entertainment Ltd (company number 06734322) of 37 Bury Crescent, Gosport, Hampshire PO12 3TZ ("the Entertainer").
For discussion The contracting party is Sean's company, SCJ Entertainment Ltd - that is the entity for the agreement and for the invoice. The support act is still covered - see 1.7 and 3.1.
NOW IT IS AGREED AS FOLLOWS:-
1.1 "Event Date" means the 12th day of February 2027.
1.2 "Starting Time" means 7.30 p.m.
1.3 "Finishing Time" means approximately 10.00 p.m.
1.4 "Cancellation Fee" means the sum of £500.00.
For discussion Dropped the "+ VAT" - this now matches the wording in your own standard terms.
1.5 "Gross Box Office Receipts" means the face value of all tickets sold for the Event, less VAT and less any PRS charge for the Event. No other deduction is made before the split.
For discussion New definition, so the 70% has something to be 70% of. Face value less VAT, with PRS off the top - which means we share it 70/30 rather than it landing on one side.
1.6 "Payment" means 70% of Gross Box Office Receipts, plus VAT where VAT is properly chargeable by the Entertainer at the time of invoice. The Club pays it by bank transfer against invoice, with a settlement statement showing tickets sold at each price, complimentary tickets issued, and any deductions made.
For discussion We will send the invoice over with the relevant terms on it. VAT is on the standard "where properly chargeable" wording, so the invoice is right whatever the position is at the time. The settlement statement is just so we are both looking at the same numbers.
1.7 "Services" means a comedy show performed by Sean Collins, together with a support act supplied by the Entertainer.
For discussion Spells out that Sean plus a support act is what you are getting.
1.8 "The Premises" means the premises of the Club as set out above.
2.1 The Club requires entertainment at the Premises on the Event Date. The Club engages the Entertainer to perform the Services at the Premises on the Event Date, from the Starting Time to the Finishing Time, on the terms set out overleaf. In return the Club agrees to pay the Entertainer the Payment.
THE PARTIES agree to be bound by the provisions set out overleaf upon pages 2 to 4.
For discussion Swapped the "set their hands and affixed their seals" wording for plain English. Sealing makes this a deed, which would double the time either of us could be chased for something from six years to twelve. Neither of us needs that.
SIGNED for and on behalf of the Club
Name: Steve Lodge
Capacity: ........................................
Signature: ........................................
Date: ........................................
SIGNED for and on behalf of the Entertainer, SCJ Entertainment Ltd
Name: John Robson
Capacity: duly authorised agent
Signature: ........................................
Date: ........................................
For discussion Added names, capacity and a date line, so it is clear on the face of it who signed and in what capacity.
TERMS OF AGREEMENT
3.1 To perform the Services at the Premises on the Event Date, from the Starting Time to the Finishing Time. The show runs approximately 1.5 hours, plus the support act and an interval. The Entertainer books and pays for the support act, at no cost to the Club.
For discussion Same deal as your draft - we supply and pay for the support, at no cost to you. Just said in plainer words.
3.2 Indemnity
Each party will cover the other for any loss, damage, liability or legal costs caused by that party's breach of this agreement, or by any act or neglect of its employees, contractors or agents.
The total liability of each party under this agreement is limited to £3,500. The Cancellation Fee sits outside that limit.
Nothing in this agreement limits either party's liability for death or personal injury caused by negligence, or for fraud.
For discussion Capped this at £3,500 and made it run both ways. Also took out the words "whether criminal or civil" - nobody can indemnify anyone against a criminal penalty, so it was doing no work. The last line is there because the law will not let either of us cap those two things anyway.
In return for the Services, the Club agrees:
4.1 To make the Payment at the Finishing Time, or within 7 days of the Event Date, without deduction or set-off.
For discussion Kept payment on the night, with 7 days as the backstop in case the box office needs to settle.
4.2 If the Entertainer is in material breach of this agreement and has not put it right within 7 days of written notice, the Club may withhold from the Payment an amount reflecting the loss the Club has actually suffered.
For discussion As drafted, any breach at any time lost us the whole fee. Now it has to be a material breach, with 7 days to fix it, and only the actual loss comes off.
4.3 To provide and pay for the Premises during the times set out, including all heating and lighting, the technical facilities and equipment, and the administrative, front of house and cleaning staff needed to run the venue properly.
4.4 To provide and pay for technical staff as are normally required.
4.5 To obtain all necessary licences and permissions for the Premises, and to hold adequate insurance covering its statutory and other legal liabilities.
4.6 Once the Entertainer has supplied digital artwork, no later than eight weeks before the Event Date, the Club is responsible for local promotion, print and listings, and pays for them.
For discussion Just makes it explicit: we send digital artwork eight weeks out, print and local promotion are yours - which is how you had it, only "delivery of artwork and print" read as though we were posting you the posters.
4.7 To hold four complimentary seats for the Entertainer until 24 hours before the start of the performance. If not taken up by then, those seats are released without further discussion.
4.8 That no recording, audio-visual or audio only, will be made of the performance or any part of it without the Entertainer's written consent. The Entertainer may record the performance for its own use, and the Club will give reasonable access for that purpose.
For discussion Added one line so we can record the night for our own use - Sean is recording on this tour.
4.9 That the Club will use its best endeavours to prevent members of the audience filming the performance or any part of it.
4.10 That general admission tickets are £18. The Club will not change the ticket price, offer discounts or group rates, or issue more than ten complimentary tickets, without the Entertainer's written agreement. All complimentary and discounted tickets are shown on the settlement statement.
For discussion New. Puts the £18 in the contract, since the split now depends on it. Ten comps for you, four for us.
4.11 That the Club may use the Entertainer's name, likeness and supplied artwork to promote the Event, unaltered and with billing as supplied, and will stop using them after the Event Date.
For discussion New. Standard artwork and billing wording.
5.1 That PRS and PPL licences for the Premises are the Club's responsibility under clause 4.5. Any PRS charge for the Event comes off Gross Box Office Receipts before the split, and is shown on the settlement statement.
For discussion PRS was being charged twice - once here and again as "less PRS" in the Payment definition. Now it is charged once, off the top, and shared.
5.2 To use reasonable endeavours to promote the Event through its own channels. The Entertainer is not required to spend money on paid advertising.
For discussion "National promotion" was open-ended. We will push it hard through our own channels, we are just not signing up to an ad budget. Also renumbered - your clause 5 jumped from 5.1 to 5.3.
6.1 If the Entertainer cancels this agreement at any time before the Event Date, the Entertainer is not entitled to the Payment. This does not apply where the Entertainer cancels because the Club is in breach of this agreement, or where clause 6.4 applies.
For discussion Added the last line so we do not lose the fee in the one case where we are cancelling because something has gone wrong at your end.
6.2 If the Entertainer cancels within 60 days of the Event Date, other than where the Club is in breach of this agreement, the Entertainer will pay the Cancellation Fee.
6.3 If the Club cancels within 60 days of the Event Date, other than where the Entertainer is in breach of this agreement, the Club will pay the Cancellation Fee.
For discussion Took the cross-reference to the indemnity out of both, so the cancellation fee is just the cancellation fee - which is how your own standard terms read.
6.4 Neither party is liable for failing to perform, and no Cancellation Fee is payable, where performance is prevented by illness, injury or bereavement affecting the artist, government restriction, closure of the Premises, or anything else outside that party's reasonable control. If that happens, both parties will try in good faith to reschedule the Event to a date that suits them both.
For discussion New. The date is eighteen months out and there was nothing covering illness or anything else outside either of our control. Reschedule first, rather than either of us paying.
7.1 This agreement is governed by the laws of England and Wales in every particular, including formation and interpretation, and is treated as having been made in England.
7.2 The courts of England and Wales have exclusive jurisdiction over any proceedings arising out of or in connection with this agreement.
For discussion There is no such thing as "the law of the United Kingdom" - Scotland and Northern Ireland have their own. England and Wales is the right one for both of us.
If either party does not enforce any term of this agreement at any time, or for any period, that is not a waiver of that term, or of the right to enforce every term of this agreement later.
9.1 During the engagement the Entertainer is an independent contractor and not the servant of the Club.
For discussion "The Period" was not defined anywhere, so this now says "the engagement".
9.2 In that capacity the Entertainer is solely responsible for its own national insurance contributions, income tax and VAT arising from the work performed under this agreement.
9.3 No assignment or sub-contracting
The Entertainer will not assign or sub-contract any of its rights or duties under this agreement without the Club's written consent, except that the Club agrees now to the Entertainer engaging a support act.
For discussion The old wording banned sub-contracting while the contract elsewhere required a support act. This just confirms the support act is fine.
9.4 The Entertainer takes responsibility for the support act, subject to the limit in clause 3.2.
For discussion Kept as you had it, with the same cap as 3.2.
9.5 Entire agreement
This agreement is the whole agreement between the parties about the Event, and replaces all earlier discussions, correspondence and representations about it.
For discussion New. Makes the signed contract the deal, so neither of us is left relying on what was said in an email.
THIS AGREEMENT is made the ............ day of ........................ 2026.
BETWEEN
(1) Pro-Act Marketing Ltd trading as Comedy Hall at Tiverton Community Arts Theatre ("the Club"); and
(2) SCJ Entertainment Ltd (company number 06734322) of 37 Bury Crescent, Gosport, Hampshire PO12 3TZ ("the Entertainer").
NOW IT IS AGREED AS FOLLOWS:-
1.1 "Event Date" means the 12th day of February 2027.
1.2 "Starting Time" means 7.30 p.m.
1.3 "Finishing Time" means approximately 10.00 p.m.
1.4 "Cancellation Fee" means the sum of £500.00.
1.5 "Gross Box Office Receipts" means the face value of all tickets sold for the Event, less VAT and less any PRS charge for the Event. No other deduction is made before the split.
1.6 "Payment" means 70% of Gross Box Office Receipts, plus VAT where VAT is properly chargeable by the Entertainer at the time of invoice. The Club pays it by bank transfer against invoice, with a settlement statement showing tickets sold at each price, complimentary tickets issued, and any deductions made.
1.7 "Services" means a comedy show performed by Sean Collins, together with a support act supplied by the Entertainer.
1.8 "The Premises" means the premises of the Club as set out above.
2.1 The Club requires entertainment at the Premises on the Event Date. The Club engages the Entertainer to perform the Services at the Premises on the Event Date, from the Starting Time to the Finishing Time, on the terms set out overleaf. In return the Club agrees to pay the Entertainer the Payment.
THE PARTIES agree to be bound by the provisions set out overleaf upon pages 2 to 4.
SIGNED for and on behalf of the Club
Name: Steve Lodge
Capacity: ........................................
Signature: ........................................
Date: ........................................
SIGNED for and on behalf of the Entertainer, SCJ Entertainment Ltd
Name: John Robson
Capacity: duly authorised agent
Signature: ........................................
Date: ........................................
TERMS OF AGREEMENT
3.1 To perform the Services at the Premises on the Event Date, from the Starting Time to the Finishing Time. The show runs approximately 1.5 hours, plus the support act and an interval. The Entertainer books and pays for the support act, at no cost to the Club.
3.2 Indemnity
Each party will cover the other for any loss, damage, liability or legal costs caused by that party's breach of this agreement, or by any act or neglect of its employees, contractors or agents.
The total liability of each party under this agreement is limited to £3,500. The Cancellation Fee sits outside that limit.
Nothing in this agreement limits either party's liability for death or personal injury caused by negligence, or for fraud.
In return for the Services, the Club agrees:
4.1 To make the Payment at the Finishing Time, or within 7 days of the Event Date, without deduction or set-off.
4.2 If the Entertainer is in material breach of this agreement and has not put it right within 7 days of written notice, the Club may withhold from the Payment an amount reflecting the loss the Club has actually suffered.
4.3 To provide and pay for the Premises during the times set out, including all heating and lighting, the technical facilities and equipment, and the administrative, front of house and cleaning staff needed to run the venue properly.
4.4 To provide and pay for technical staff as are normally required.
4.5 To obtain all necessary licences and permissions for the Premises, and to hold adequate insurance covering its statutory and other legal liabilities.
4.6 Once the Entertainer has supplied digital artwork, no later than eight weeks before the Event Date, the Club is responsible for local promotion, print and listings, and pays for them.
4.7 To hold four complimentary seats for the Entertainer until 24 hours before the start of the performance. If not taken up by then, those seats are released without further discussion.
4.8 That no recording, audio-visual or audio only, will be made of the performance or any part of it without the Entertainer's written consent. The Entertainer may record the performance for its own use, and the Club will give reasonable access for that purpose.
4.9 That the Club will use its best endeavours to prevent members of the audience filming the performance or any part of it.
4.10 That general admission tickets are £18. The Club will not change the ticket price, offer discounts or group rates, or issue more than ten complimentary tickets, without the Entertainer's written agreement. All complimentary and discounted tickets are shown on the settlement statement.
4.11 That the Club may use the Entertainer's name, likeness and supplied artwork to promote the Event, unaltered and with billing as supplied, and will stop using them after the Event Date.
5.1 That PRS and PPL licences for the Premises are the Club's responsibility under clause 4.5. Any PRS charge for the Event comes off Gross Box Office Receipts before the split, and is shown on the settlement statement.
5.2 To use reasonable endeavours to promote the Event through its own channels. The Entertainer is not required to spend money on paid advertising.
6.1 If the Entertainer cancels this agreement at any time before the Event Date, the Entertainer is not entitled to the Payment. This does not apply where the Entertainer cancels because the Club is in breach of this agreement, or where clause 6.4 applies.
6.2 If the Entertainer cancels within 60 days of the Event Date, other than where the Club is in breach of this agreement, the Entertainer will pay the Cancellation Fee.
6.3 If the Club cancels within 60 days of the Event Date, other than where the Entertainer is in breach of this agreement, the Club will pay the Cancellation Fee.
6.4 Neither party is liable for failing to perform, and no Cancellation Fee is payable, where performance is prevented by illness, injury or bereavement affecting the artist, government restriction, closure of the Premises, or anything else outside that party's reasonable control. If that happens, both parties will try in good faith to reschedule the Event to a date that suits them both.
7.1 This agreement is governed by the laws of England and Wales in every particular, including formation and interpretation, and is treated as having been made in England.
7.2 The courts of England and Wales have exclusive jurisdiction over any proceedings arising out of or in connection with this agreement.
If either party does not enforce any term of this agreement at any time, or for any period, that is not a waiver of that term, or of the right to enforce every term of this agreement later.
9.1 During the engagement the Entertainer is an independent contractor and not the servant of the Club.
9.2 In that capacity the Entertainer is solely responsible for its own national insurance contributions, income tax and VAT arising from the work performed under this agreement.
9.3 No assignment or sub-contracting
The Entertainer will not assign or sub-contract any of its rights or duties under this agreement without the Club's written consent, except that the Club agrees now to the Entertainer engaging a support act.
9.4 The Entertainer takes responsibility for the support act, subject to the limit in clause 3.2.
9.5 Entire agreement
This agreement is the whole agreement between the parties about the Event, and replaces all earlier discussions, correspondence and representations about it.