Event Terms and Conditions
These are the general terms under which we will engage with performers who wish to take part in the Festival, which we incorporate into your performer agreement upon successful application.
“Company” or “you” is as defined in the performer agreement, if any, between us and you setting out the terms of your participation in the Fringe.
“Deposit” is as defined in the performer agreement, if any, between us and you setting out the terms of your participation in the Fringe.
“Us”, “we”, or “Fringe” means Durham Fringe CIC (Company number 13322853).
“Venue” is as defined in the performer agreement, if any, between us and you setting out the terms of your participation in the Fringe.
1. Ticket Prices, Ticket Sales and Complimentary Tickets
1.1 We shall determine the price of each ticket at our absolute discretion.
1.2 We may offer concessionary ticket prices which may result in less revenue being received for each ticket sold. In particular, it is our intention to offer members of our Founders’ Club a 10% discount on all tickets purchased by them.
1.3 All ticket sales shall be via the Fringe or Venue Box Office. You hereby agree not sell any tickets for your performances.
1.4 We shall determine how many tickets are available for each performance, taking into account applicable COVID-19 restrictions, licensing requirements etc. You acknowledge that this may change at short notice.
1.5 We reserve the right to set aside up to six tickets for each performance for Press, sponsors or other promotional purposes. For the avoidance of doubt, these tickets shall be complimentary and no revenue shall be received for them.
1.6 You may request up to four complimentary tickets per performance for your guests. You agree not to sell these tickets.
2. Travel, Subsistence and Accommodation
2.1 You will be responsible for arranging any travel, food and drink and accommodation necessitated by the performance(s) and will bear all the expenses of these.
3. Content of the Performance and PPL / PRS
3.1 You agree that your performance(s) will not contain material that infringes the copyright or any other rights of any third party (including any right of confidentiality or privacy) nor any obscene, blasphemous or defamatory matter and that if a performance does so, we shall be entitled to stop the performance immediately.
3.2 It is a condition of you performing at the Durham Fringe Festival that you notify us of all music used in your show and that all sums due to PPL PRS Ltd are paid. You hereby agree to provide full details to us of all music, if any, used in your show by 26th May, 2023. Furthermore you consent to us deducting such amount as is due to PPL PRS Ltd from your Durham Fringe Festival Box Office settlement and paying such sum to PPL PRS Ltd on your behalf. If you do not notify us as set out in this paragraph, we will make the maximum declaration applicable to your type of show, and charge accordingly.
4. Publicity and Promotion
4.1 We shall promote your show through appropriate media including social media.
4.2 You agree to use your best efforts to support the Fringe in promoting your show and to use your own channels to do so.
4.3 You expressly permit us to take photographs and / or other audio or visual recordings of your performance(s) and to use these to promote your production and the Durham Fringe Festival (current and future) through appropriate media including social media.
4.4 You shall provide us with and allow us and our agents, including, but not limited to, Eventotron and our ticketing agents, to use and reproduce your name, approved likeness and approved biographical material, and such other publicity materials as we shall reasonably request in connection with promoting your performance(s). All material supplied to us by you or your agent shall be deemed to be approved for these purposes unless you have informed us to the contrary in writing in advance.
5. Rights of cancellation
5.1 We have the right to cancel your performances by giving at least 14 (fourteen) business days’ written notice to you (which may be by email or by text and will be deemed received when sent) and shall have no liability to you in respect thereof, other than the return of your Deposit.
5.2 If you cancel your performance(s) less than 21 (twenty one) business days prior to the first performance or fail to deliver the performances as set out in our performer agreement with you, other than for a reason set out in clause 6.1, you shall forfeit your Deposit.
6. Force majeure and COVID-19
6.1 If you are prevented from giving a performance by events, circumstances or causes beyond your or our reasonable control such as flood, epidemic, terrorist attack, fire or failure of a utility service, you will still have your Deposit returned, provided that you use all reasonable endeavours to mitigate the effect of the event, circumstance or cause and provide evidence of such event, circumstance or cause as we may reasonably request.
6.2 It is acknowledged by both parties that short notice changes to COVID-19 rules, regulations and guidelines may result in a smaller number of tickets being available per performance than originally planned or for entire performances to be cancelled or rescheduled. In such event both parties shall work together to minimise any losses and neither party shall be able to make a claim against the other for any losses suffered.
7. Your Conduct and Sale of Merchandise
7.1 You agree that you will not do anything, while at the Venue, that is illegal or otherwise likely to cause damage, nuisance, offence or injury to other persons, including for example taking illegal drugs or deliberately injuring or threatening any person.
7.2 You agree to comply with all applicable COVID-19 rules, regulations and guidelines as notified to you or as directed by Venue or Fringe staff or volunteers from time to time.
7.3 If you do any of those things set out in sub-clause 7.1 above or fail to comply with COVID-19 rules, regulations and guidelines as set out in sub-clause 7.2 above this shall entitle us to terminate our Agreement with you immediately and you will forfeit your Deposit.
7.4 You may not sell any merchandise or other promotional materials at the Venue without the express prior written permission of the Fringe (for the avoidance of doubt “written” shall include by email and text).
8. Venue, Equipment and Insurance
8.1 The Company will promptly, upon request, provide the Fringe or Venue with any details regarding their production(s) as may required by the local police, fire or other authorities.
8.2 The Company must provide the Venue technical manager all relevant PAT (portable appliance test) certificates by 30th June, 2023. If these are not provided the Company will not be permitted to use relevant electrical items at the Venue.
8.3 You must provide the Fringe with a completed technical specification form by the 26th May, 2023 or such later date as notified by us to you. This will be made available as a form within Eventotron.
8.4 You must send details (name and role) and a photo (in jpg form) of each member of your Company who will require backstage access to the Venue no later than 16th June, 2023 via Eventotron. The form will be made available after the programme has been devised. We reserve the right to limit the number of backstage passes issued to your Company.
8.5 The Company is responsible for insuring its members and possessions. The Company must have public liability insurance of at least £1,000,000. The Company will provide written evidence of satisfactory cover to the Fringe management by 30th June, 2023, by uploading relevant schedule and policy documents through Eventotron. If the Company does not have satisfactory insurance the Fringe reserves the right to cancel all performances and keep the Deposit.
8.6 The Venue shall be responsible for any temporary theatre or public entertainment licence that may be necessary for the performances to take place at the Venue.
8.7 You warrant and represent that all copyrighted material to be performed has been licensed or authorised by the copyright owners or their representatives. You indemnify the Fringe for any copyright infringement and any expenses that may result from such copyright infringement during or as a result of the performances.
8.8 The technical specifications for the Venue are on our website (https://durhamfringe.co.uk/venues/).
8.9 You shall make good any damage to the Venue or its contents (replacing lost or broken items). You agree that your own possessions shall be brought into the Venue entirely at your own risk. Insuring valuable items owned by you is recommended.
8.10 You agree to remove all items that belong to you after your final performance. Any items left on the premises will be removed immediately with the cost being taken from any box office or Deposit owed to you.
8.11 You acknowledge that the Venue is a multi-production space and that you have no right to touch or use any items belonging to another production or to the Venue.
8.12 You indemnify us for any damage caused by you to the Venue or the equipment provided for your performance.
8.13 You agree that we will have the right to determine the maximum volume of the performance.
9. Severability
9.1 If at any time any provision of these terms and conditions becomes invalid, illegal or unenforceable in any respect, such provision shall be deemed to be severed from these terms and conditions but the validity, legality and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired.
10. Contracts (Rights of Third Parties) Act 1999
10.1 Nothing contained in these terms and conditions is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
11. Governing law and Jurisdiction
11.1 These terms and conditions and any performer agreement concluded incorporating these terms and conditions shall be governed by English law and shall be submitted to the exclusive jurisdiction of the English courts.
