Prior to any event that artist booked through the website: “The Booking Agency,” the client (you) must sign a Memorandum of Agreement with the Parties involved, namely:
-The Booking Agency ( to be referred as the “Site”)
-The Receiver of the services/You (to be referred as the “Client”)
-and, The managers of the talent being booked (to be referred as the “Management”)
This Memorandum of Agreement shall be an indication of the acceptance of all parties involved in the Terms and Conditions stated below.
The site will provide the following services to its clients:
-A roster of various artists within the Philippines in its website.
-The roster of various artists shall be readily available to its client(s) for booking purposes.
-An online booking platform that will be readily available to its client(s) for booking various artists.
For all booking done through the Site, the Client shall pay three percent (3%) of the gross total price, where fifty percent (50%) shall be paid upon confirmation of a contract/agreement between the three parties involved.The remaining balance shall be paid not later than thirty (30) days prior to the event/performance.
All payments shall go through the Site and payment by the Client to the Management shall be remitted to them, less the three percent (3%) going to the company, by the Site.
The operator of the Site shall ensure that all information within the website is updated always, ensure the integrity and security of the website, and all payments shall be properly remitted to its respected receivers. The operator of the site shall also provide timely response to any inquiries from both Client and Management.
The Client, shall provide needed information needed for any artist booking, such as contact person, contact numbers, and other contact details. The Client shall also provide payment in regards to the timeline agreed upon by the parties.
The Management shall provide necessary updated information for all its artists booked within the Site and timely response to all inquiries from the Site and the Client.
This Agreement shall have a term starting the use of the Site by the Client to book artists promoted by the Site.
5.Relationship of the Parties
Nothing in this Agreement shall be construed as creating an employer-employee, joint venture, or partnership relations between the parties and any of its representatives.
The Client and the Management recognizes that the Site shall only provide a referral platform for both parties. Thus the Site, its directors, and officers shall be free and harmless against any liability arising from both parties’ failure to comply with its obligation as stated in the agreement.
Further, the parties shall hold the Site, its directors, and officers, free and harmless against liabilities arising from disputes with its talents.If any suit based upon any such loss, claim, action, damage, or expense is brought against the Site, and it’s directors and officers, the two parties, upon notice of the commencement thereof, shall defend the Site at its sole cost and expense; and if final judgment be adverse to the Site, the Client and Management, shall promptly satisfy the same.
The Parties acknowledge that in the pursuit of certain business matters between them, they may disclose to each other certain “Confidential Information” about its business, products, and services. For this Agreement, “Confidential Information” shall include, but not limited to, information concerning:(1) the disclosing party’s business methods and practices and its personnel, customers, prospective customers and suppliers;
(2) inventions, processes, methods, products, and any specifications, drawings sketches, models, samples, tools, computer programs, technical information or other related confidential, business information or data, written, oral or otherwise;
(3) financial records and information; Parties agree that such Confidential Information contains valuable trade secrets and are not generally available to the public.
The parties agree to maintain the confidentiality of each other’s Confidential Information and to take all steps necessary to protect it from disclosure as if such Confidential Information was his own.
If a party fails to perform any of its obligations under this agreement, or if a dispute arises concerning the interpretation of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute shall pay the reasonable costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including court costs and reasonable attorneys’ fees.
9.Dispute Settlement and Governing Law.
Any controversy, dispute or claim arising out of or in connection with this Agreement or the breach thereof, shall be first brought before the Chief Executive or Operating Officers of the Parties, which shall use their best endeavors to resolve such controversy, dispute or claim by means of direct negotiations in good faith within fifteen calendar (15) days from the date such controversy, dispute or claim was referred to them. Failure thereof, the controversy, dispute or claim shall be construed in accordance with the substantive laws of the Philippines to the maximum extent permitted by applicable law, without regard to conflict of law’s provisions, and the Parties agree to submit to the exclusive personal authority of the competent court in Quezon City, Philippines, to the exclusion of all other venues.
No addition to, deletion from, or other modification of any of the provisions hereof shall be valid unless made in writing and signed by an authorized representative of each of the Parties hereto.
Each Party hereby represents and warrants that it has the full power to enter into and perform according to the terms of this Agreement.
12. Waivers No waiver of full performance by either Party shall be constructed, or operate, as a waiver of any subsequent default of any of the term, covenants, and conditions of this Agreement. The payment or acceptance of fees or charges for any period after default shall not be deemed a waiver of any right or acceptance of defective performance.
The Parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel. This Agreement constitutes the entire agreement between the Parties hereto respecting the subject matter hereof, and there are no understandings or agreements between them respecting the subject matter hereof, written or oral, other than as set forth herein.