Terms of service

TERMS OF SERVICE

AFRODIZZYACTS (Website: www.afrodizzyacts.co.za)

Last Updated: 21/07/2025

1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1. Welcome to AfrodizzyActs. These Terms of Service ("Terms") govern the relationship between AfrodizzyActs (hereinafter referred to as "the Agency," "we," "us," or "our"), the performers and artists we represent (hereinafter referred to as "the Artist(s)" or "Talent"), and the individuals or entities booking performances (hereinafter referred to as "the Client" or "You").

1.2. By accessing our website, engaging our services, booking an Artist through us, or otherwise interacting with the Agency, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our services.

1.3. These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

2. DEFINITIONS

  • Agency / AfrodizzyActs: Refers to AfrodizzyActs, operating from 19 Boulevard Way, Capricorn Business Park, Cape Town, 7950. 

  • Artist(s) / Talent: Refers to the performers, musicians, dancers, entertainers, or any other creative individuals or groups represented by the Agency and available for bookings.

  • Client / You: Refers to the individual, company, organization, or entity that engages the Agency's services to book an Artist for an event, performance, or project.

  • Booking: A confirmed agreement for an Artist to perform services for a Client on a specific date, time, and location, as arranged through the Agency.

  • Performance: The act of an Artist providing their entertainment services as agreed upon in a Booking.

  • Fee: The total monetary amount payable by the Client for the Artist's Performance and the Agency's services.

  • Commission: The portion of the Fee retained by the Agency for its services.

  • Rider: A document outlining the specific technical, hospitality, and other requirements of an Artist for a Performance (e.g., sound equipment, lighting, dressing rooms, refreshments).

  • Force Majeure: An event or circumstance beyond the reasonable control of the parties, including but not limited to acts of God, war, terrorism, natural disasters, epidemics, pandemics, government regulations, or national emergencies, that makes performance impossible or impracticable.

3. AGENCY'S ROLE AND SERVICES

3.1. Representation: The Agency acts as a booking agent or representative for the Artist(s) to facilitate bookings with Clients. We do not directly employ the Artists unless explicitly stated in a separate agreement.

3.2. Booking Facilitation: We will use reasonable efforts to present suitable Artists to Clients based on their requirements and to negotiate terms for potential bookings.

3.3. Administrative Support: The Agency will manage the booking process, including preparing agreements, invoicing, and collecting payments on behalf of the Artist(s).

3.4. Marketing & Promotion: We will promote the Artist(s) through our website, marketing materials, and other channels to secure booking opportunities.

3.5. Talent Management (Optional - if applicable): If specified in a separate agreement with an Artist, the Agency may also provide career guidance, development support, and other management services.

4. ARTIST'S OBLIGATIONS AND RIGHTS (Applicable to Artists represented by AfrodizzyActs)

4.1. Exclusivity: AfrodizzyActs requires Performers to respect their Client contacts / details and to not promote themselves on jobs. If the Client contacts the Artist directly to refer them back to AfrodizzyActs as that is how their connection was initially made.

4.2. Availability & Commitment: The Artist agrees to communicate their availability accurately and to honour all confirmed Bookings made through the Agency.

4.3. Professional Conduct: Artists shall conduct themselves professionally at all times, including during negotiations, rehearsals, and Performances. This includes punctuality, respectful interaction with Clients and audience members, and adherence to venue rules and local laws.

4.4. Performance Quality: The Artist is committed to delivering a high-quality Performance consistent with their established standards and as agreed upon for the Booking.

4.5. Information Provision: The Artist must provide the Agency with accurate and up-to-date information, including but not limited to availability, technical requirements (Rider), promotional materials, and contact details.

4.6. Intellectual Property: All intellectual property rights (e.g., copyrights in music, choreography, scripts) in the Artist's original works performed remain the property of the Artist. The Artist grants the Agency a non-exclusive, royalty-free license to use their name, likeness, image, sound recordings, and performance footage for promotional purposes related to securing Bookings.

4.7. Compliance: The Artist shall comply with all applicable laws, regulations, and venue policies related to their Performance.

5. CLIENT'S OBLIGATIONS AND RIGHTS

5.1. Booking Confirmation: A Booking is considered confirmed only upon invoice being requested and sent through.

5.2. Payment Terms: a. Fees: The Client agrees to pay the total Fee as specified in the invoice prior to the event date unless otherwise agreed upon with AfrodizzyActs.

5.3. Venue Requirements: The Client is responsible for ensuring that the venue for the Performance meets all necessary requirements, including: a. Necessary licenses and permits for the event. b. Adequate and safe power supply, sound, lighting, and stage facilities as specified in the Artist's Rider. c. Safe and secure changing facilities for the Artist(s). d. Secure storage for Artist equipment. e. Adequate parking and access for Artist(s) and their equipment. f. Provision of any agreed-upon hospitality, refreshments, or meals as per the Artist's Rider.

5.4. Company T's & C's and Technical Rider Adherence: The Client must fully adhere to the Agency T's & C's and the Artist's technical and hospitality Rider, which will be provided upon booking confirmation. Any failure to meet Rider requirements may result in the Artist's inability to perform or a reduced Performance, with the full Fee remaining payable.

5.5. Security & Safety: The Client is solely responsible for the security and safety of the Artist(s), their equipment, and the audience during the entire duration of the event. This includes managing crowd control and ensuring a safe environment.

5.6. Recording & Media Rights: Unless otherwise agreed in writing, the Client shall not broadcast, or livestream the Artist's Performance for commercial purposes. Limited personal, non-commercial photos or short video clips are generally permitted, provided they do not interfere with the Performance or the Artist's intellectual property rights. Any commercial use of recordings requires prior written consent from both the Artist and the Agency.

5.7. Cancellation Policy: a. Client Cancellation: * AfrodizzyActs Entertainment will offer a full refund if the event is cancelled 14 x working days before the event date. If the event is cancelled 7 x working days before the event date we will refund 50% of the fee. If the event is cancelled 1-6 days before the event the fee will be charged at 100%. However we will also happily postpone if told 7 x working days or more in advance.

Force Majeure: If a Performance is cancelled or postponed due to Force Majeure, neither the Agency nor the Artist shall be liable for any loss or damage. Any fees paid will be [e.g., held as credit for a rescheduled date, or refunded less reasonable expenses incurred]. The parties will work together in good faith to reschedule the Performance.

5.8. Indemnification: The Client agrees to indemnify, defend, and hold harmless AfrodizzyActs and the Artist(s) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Client's event, venue, or breach of these Terms.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

6.1. "As Is" Basis: Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2. No Guarantee: The Agency makes no guarantee regarding the success or outcome of any particular event or Performance. While we strive to provide high-quality Artists, individual Artist performance may vary.

6.3. Limitation of Liability: To the maximum extent permitted by law, AfrodizzyActs shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party (including Artists or Clients); (iii) any content obtained from the services; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6.4. Maximum Liability: In no event shall the total aggregate liability of AfrodizzyActs to the Client or Artist for any and all claims arising out of or in connection with these Terms or any Booking exceed the total Fee paid to the Agency for the specific Booking giving rise to the claim.

7. INTELLECTUAL PROPERTY

7.1. All content on the AfrodizzyActs website, including text, graphics, logos, images, and software, is the property of AfrodizzyActs or its content suppliers and protected by copyright and other intellectual property laws.

7.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as generally permitted for personal, non-commercial use.

8. TERMINATION

8.1. Termination by Agency: The Agency reserves the right to terminate its services or any Booking, with immediate effect, if the Client or Artist breaches any of these Terms, engages in unlawful conduct, or acts in a manner detrimental to the reputation of the Agency or its Artists.

8.2. Termination by Client/Artist: Termination can be accepted in writing between 7-14 days of the event. The Client will be held liable for a percentage of the fee otherwise postponement will be allowed. 

8.3. Effect of Termination: Upon termination, any outstanding payments become immediately due and payable. Obligations related to confidentiality, indemnification, and limitation of liability shall survive termination.

9. DISPUTE RESOLUTION

9.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

9.2. Informal Resolution: In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute informally through good faith negotiations.

9.3. Mediation/Arbitration (Optional - highly recommended): If informal negotiations fail, the parties agree to consider binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

9.4. Jurisdiction: If a dispute cannot be resolved through informal negotiation, mediation, or arbitration, the parties agree to submit to the exclusive jurisdiction of the High Court of South Africa for the resolution of any legal actions.

10. GENERAL PROVISIONS

10.1. Entire Agreement: These Terms, together with any specific Booking Agreements and the Artist's Rider, constitute the entire agreement between the parties concerning the provision of services.

10.2. Amendments: These Terms may be amended or modified by the Agency from time to time. Any such amendments will be posted on our website, and the "Last Updated" date will be revised. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

10.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of AfrodizzyActs.

10.5. Notices: All notices or other communications required or permitted under these Terms shall be in writing and delivered personally, by certified mail, or by email to the addresses provided by each party.

10.6. Confidentiality: All non-public information exchanged between the Agency, Client, and Artist related to bookings, fees, and personal details shall be treated as confidential and not disclosed to third parties without prior written consent.

AfrodizzyActs Entertainment Agency - bookings@afrodizzyacts.co.za - 082 087 5748 - 19 Boulevard Way, Capricorn Business Park, Cape Town, 7950.