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Participant Terms and Conditions

Terms and Conditions of registering for Brighton Fringe 2021
Photo: Ayla Carli

Healthy and Safety
All live events must provide a risk assessment to Brighton Fringe outlining COVID-19 procedures in place, and adherence to government guidelines. This will now be a condition of registration and Brighton Fringe will NOT advertise or sell tickets for events until this has been completed and uploaded in Eventotron. Risk assessments must be uploaded within Eventotron by 2 April 2021 and any updates to risk assessments between 2 April 2021 and event date should be emailed to [javascript protected email address]. Brighton Fringe should be in possession of most up to date risk assessment at time of event. 

Insurance
All Brighton Fringe events must have PLI for Brighton Fringe 2021 and be able to provide proof of PLI (Insurance Company name plus Policy Number) by 17 May 2021. 

Registration Payment
Brighton Fringe Limited is a non-profit distributing charitable organisation set-up to run, promote and develop the annual Brighton Fringe. Registration forms must be completed and payments made in full by the deadline date of 2 April 2021 at 23:59. Brighton Fringe reserves the right to retain any money made through ticket sales that is outstanding to Brighton Fringe.           


Registration Fee Refunds due to Festival cancellation
In the case that the 2021 festival has to be cancelled, participants who paid their registration fee after 9am 14 December will receive a full refund of their registration fee. Participants who paid their registration fee before May 2020 will be entitled to a 70% refund of their registration fee. 

Advertising fees paid for work not carried out by Brighton Fringe will be refunded at 100%. We will not refund advertising fees for work already carried out.

Proofing
Use the proofing opportunity during registration to ensure there are no mistakes in the information you are providing us. It is still the responsibility of the participant to ensure this is correct at the point of registration. 

Content Control
We reserve the right to edit any material supplied that we consider, in our sole discretion, to be offensive, defamatory and/or risk any criminal or civil action being brought against Brighton Fringe Limited. Brighton Fringe stands for diversity, inclusion and equality. If we consider, in our sole discretion, the content of any event to discriminate against any of the protected characteristics as outlined in the Equality Act 2010, we reserve the right to remove the event from our programme, and refund the registration fee. If this occurs, you will have the right to appeal our decision with the Brighton Fringe Board of Trustees. Their decision will be final and binding.

Copyright
You are responsible for obtaining the proper and relevant rights and permissions to perform or adapt work that is under copyright from the author, literary agent or publisher of the work. These details can usually be found on the inside cover or first pages of the script. Make sure that you have informed the relevant contacts if this applies to your event. Brighton Fringe are not liable for any breaches of copyright.

Taste and Decency: Language on Publicity Marketing Material
When putting together your marketing material, Brighton Fringe ask that you consider the guidelines and advice of The Committees of Advertising Practice (CAP).

Contacting Brighton Fringe
The Participant Services Team can be contacted by emailing [javascript protected email address] or calling 01273 764907. The Participant Services office hours are 09:30-17:30, Monday – Friday outside of festival dates, and 7 days a week during the festival. It is the responsibility of the participant to ensure Brighton Fringe is informed of any changes to your event details immediately. If you do not get a response to an email please call us.

GDPR
Brighton Fringe will use details provided in Eventotron to contact you with information relevant to performing at Brighton Fringe. To opt out of this, please email [javascript protected email address].

For more information, see: https://www.brightonfringe.org/privacy-policy/

Event Timings
Brighton Fringe strongly advises that all performing companies communicate the correct duration, start and end time for all events including events live-streamed through the Brighton Fringe website.

Advertising changes
While the Brighton Fringe office endeavour to publicise any changes or cancellations to an event on the website, it is the responsibility of the participant to publicise the facts as effectively as possible at the venue and anywhere else the event may have been publicised.

Press and Publicity
Participants are responsible for their own additional publicity, including the distribution and displaying of flyers and posters. Make sure you include the Brighton Fringe logo on all print (available to download from the website). Brighton Fringe does not guarantee an audience.

WARNING - Please note that fly-posting is illegal and any costs incurred by Brighton Fringe due to fly posting will be charged to the participant.

Flyering
Brighton and Hove City Council brought in a ban on street flyering in April 2008. You now require a licence in order to do this. Brighton Fringe have coordinated free flyering passes for Brighton Fringe participants with Brighton & Hove Council, enabling flyering throughout the festival in any areas of Brighton & Hove from 10am – 10pm, 7 days a week (usually from the last week of April, 2021 dates TBC). All you need to do is include the Brighton Fringe logo on your flyers, this will act as your pass. Our full terms for flyering throughout Brighton Fringe 2021 will be confirmed in April/May 2021 and participants will be notified in newsletters, on our website and on social media. Failure to include the Brighton Fringe logo on your flyers may result in a fine from the council. Any costs incurred will not be the responsibility of Brighton Fringe. 

Brighton Fringe discourages hand to hand flyering during the COVID-19 pandemic.

Images
Brighton Fringe has the right to refuse an image that is of poor quality, not to the required specifications, incorrectly labelled or deemed to be offensive. Please ensure you have the copyright to use the image you submit. Brighton Fringe are not liable for any breaches of copyright and any fines or charges will be directed to the participant.

Press and Promotional Tickets
Brighton Fringe will allocate up to eight complimentary tickets per session to the press on your behalf unless otherwise requested on the registration form. Workshops are exempt, and participants will be contacted and informed directly of any press interest. Multiple requests for tickets will be at the discretion of the participant. If we require tickets for other promotional offers we will contact you directly before doing so unless you have requested otherwise on the registration form.

Arts Industry Tickets
Brighton Fringe will allocate one complimentary ticket per arts industry professional per event on your behalf unless otherwise requested on the registration form. Workshops are exempt, and participants will be contacted and informed directly of any interest. Multiple requests for tickets will be at the discretion of the participant.

Personal Assistant Tickets
Brighton Fringe will issue one complimentary ticket to the assistants of disabled (both visible and non-visible) customers who would otherwise be unable to attend an event.

Box Office Information
It is the responsibility of the participant to provide Brighton Fringe with a contact for the person managing the sale of tickets for that event in the registration form. Brighton Fringe is only responsible for those tickets sold through the Brighton Fringe Box Office.
It is mandatory for events to be ticketed in accordance with the requirements set out by the Government’s Test and Trace Scheme. Tickets can be set at £0 and no booking fee will be charged to customers purchasing these tickets.

Audience Seating
It is the responsibility of the participant and venue to inform the Brighton Fringe Box Office of any seating plans, seating arrangements, allocated seating and restricted views at the point of registering. Brighton Fringe cannot be held responsible for any errors due to the provision of incorrect information, or the non-provision of information, by participants and venues.

Brighton Fringe Ticket Allocation
Tickets allocated to the Brighton Fringe will be managed on a daily basis by Brighton Fringe. Participants have the right to contact Brighton Fringe to request a re-allocation of tickets where necessary. Brighton Fringe must be allocated a minimum of 30% of your total tickets available for each performance. The details provided must be correct at the point of registering and Brighton Fringe updated and informed immediately of any changes.

Ticket Refunds
Brighton Fringe is only responsible for the refund of tickets sold through the Brighton Fringe Box Office, the refund of all other tickets are the responsibility of the participant. Brighton Fringe reserves the right to pass on any costs incurred when refunding tickets due to the provision of incorrect information or the non-provision of information by participants. 

Brighton Fringe ticket refund policy usually requires 24 hours’ notice from the ticket purchaser. ‘On the day’ refunds will only be granted with prior approval from the venue or participant and will be considered on a case by case basis. However, if the customer informs us that they, or member of their party, are suffering from suspected Covid-19 symptoms, we reserve the right to offer a full or partial refund up until the time of the performance. 

Please assess all ticket holders, and their groups, on arrival. If any audience member is seen to display any symptoms of Covid-19 before entering the venue, we would expect the company or venue to refuse admission and ask the audience member (and all members of their group) to leave immediately, and a full refund can be given retrospectively. 
If an event needs to be abandoned due to a suspected case of COVID-19 in the audience, or cast and crew, please notify us asap to contact all ticket holders through the NHS Test and Trace scheme, and offer refunds where applicable. 
In no other case will a retrospective refund be considered (apart from performance cancellation). 

Ticket Sales Report
A login is provided to each company to allow you access to your ticket sales details 24 hours a day. These sales reports are limited to tickets sold through the Brighton Fringe ticketing system and will not necessarily include those sold directly through the venue. It is the responsibility of the participant to ensure that customer reports are generated before the event in order to verify customer details on the door. 

Commission and Settlement
Brighton Fringe will deduct a 6.5% commission (plus VAT) on all tickets sold through the Brighton Fringe Box Office and website, as well as any PRS payments (plus VAT) if applicable. The commission is calculated on your gross sales (i.e. before tax is deducted). It is your responsibility to settle any VAT or tax liabilities as appropriate. 

Brighton Fringe may be obliged to withhold Foreign Entertainers Unit Tax for companies with one or more non-UK performers. See the FEU section below for more info.

Payments to foreign accounts will incur a bank transfer charge which will be deducted from your settlement. 

Settlements will be paid within six weeks of the festival ending. Payment will be made by BACS to the person or organisation detailed in the registration form. A final sales report with a summary of any deductions will be made available to you via Eventotron. If your event was registered by your venue, your settlement and statement will be sent directly to them unless otherwise specified. It is then your venue’s responsibility to forward on your agreed settlement to you. Refer to your contract with your venue for their pay out date, please bear in mind that they may need some extra time to work out your final settlement which includes ticket sales through their own box office.

Where ticket settlements have been paid out as requested, Brighton Fringe is not responsible for any payments due to third parties e.g. artists, performers, venues, external promoters or box offices.
Brighton Fringe is not responsible for late payments if incorrect bank details have been provided at the point of registration.

Venues
It is the responsibility of the participant to communicate effectively with the venue. Participants must make sure they are familiar with the venue’s risk assessment and working within the venue’s COVID-19 procedures to ensure safety for all. 

PRS
Even if a venue holds a PRS licence, all participants are required to state upon completion of the registration form if copyrighted music will be used during their event. You will be required to pay a PRS fee for music royalties if your event uses any music still in copyright. Free or donations events do not need to pay PRS. In the event of failure to supply information in regards to music usage it will be assumed that copyrighted music was used throughout the duration of the performance and deductions will be made accordingly. PRS fees are deducted at settlement. Information of music usage for events should be provided to Brighton Fringe via. Eventotron by 17 June 2021.

FEU
Any participant that is not a UK resident, or is employing artists or performers that are not UK residents, must complete a Foreign Entertainers Unit tax form and inform Brighton Fringe of any tax to be paid out of ticket settlements. Withholding this information and failure to complete the forms will mean an automatic 20% deduction in settlement that will then be paid to FEU by Brighton Fringe on that participant’s behalf. If your application to the HMRC arrives late and it turns out you are not liable to pay FEU tax you will need to contact the HMRC directly to claim the funds back.  

Disputes
Disputes between parties outside of Brighton Fringe shall not be arbitrated by Brighton Fringe Ltd. If a dispute arises between a Brighton Fringe participant and their venue or any other Brighton Fringe stakeholder, Brighton Fringe Ltd will arbitrate. You should contact us as soon as possible so we can help to resolve the issue quickly. 

Complaints Procedure
To report any complaints, please email [javascript protected email address], call us on 01273 764907 or write to us at Brighton Fringe, Yacht Werks, 28-29 Richmond Pl, Brighton BN2 9NA. Please see brightonfringe.org/policies/ for full complaints procedure.

Completion of payment for registration indicates your acceptance of the Terms and Conditions above.

 

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