1. Registering a Show
The following terms apply if you are registering a show at the Edinburgh Festival Fringe (at registration.edfringe.com). All references to "we", "us", "our" etc. shall refer to EFFS.
a. For the purpose of these terms and conditions, “Content” means content and materials including, without limitation, data, information,, text, software, photographs, graphics, images, trademarks, logos, video and sound content (including any links to, or Content on, any third party sites) submitted for publication and/or online Content on the Fringe Website, Apps, printed Programme and other listings associated with EFFS.
b. You are prohibited from posting or transmitting, or submitting as part of a show registration (including public reviews of shows) for publication in the Fringe Website, Apps, printed Programme and other listings associated with EFFS, any Content:
(i.) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; and in all cases we shall be the sole judge of whether material falls into any of these categories;
(ii.) for which you have not obtained all necessary licences and/or approvals or which otherwise infringes on the intellectual property rights or other rights of any third party;
(iii.) which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law of or infringes the rights of any third party, in any country in the world; or
(iv.) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
c. Unless otherwise stated, all Content is owned, and remains the property of, you and relevant third parties. EFFS claims no responsibility or ownership to, or rights in, the Content except as expressly set out in these terms and conditions.
d. An irrevocable, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish and display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology for any purpose related to the performance of our obligations under these terms and conditions and the relevant Show Contract, for the Fringe season for which the show is registered.
e. We reserve the right to delete, edit or modify any Content (without notice and in our sole discretion) where such Content is deemed to be unlawful (including, without limitation, in respect of a breach of a third party’s intellectual property rights) or otherwise in violation of these terms and conditions.
1.1 Membership of EFFS
EFFS is the organisation that underpins the Edinburgh Festival Fringe and provides services to participants and audience members alike. EFFS exists to support and encourage participants, to provide comprehensive and accurate information and ticketing from participants and the public, and to promote the Fringe as a whole. EFFS is a membership organisation and anyone can join, but we particularly encourage applications from individuals with a direct involvement in making the Fringe happen. As part of the show registration process, we request that you make all individuals connected to your show aware that they are encouraged to become a member of EFFS.
1.2 Submission Guidelines
a. In order to register a show for the Edinburgh Festival Fringe, you are required to register on the Website here and complete a Show Registration Form, which is your contract with EFFS (the "Show Contract"). EFFS will take you, as the person designated on the organisation contact page of the form, as the signatory.
b. Your Show Registration Form will only be accepted if completed in full, so please ensure you provide all the information required.
c. You cannot submit your Show Registration Form without the required payment.
1.3 Terms of Your Contract
a. Your completion and submission of the Show Registration Form with the required payment entitles:
i. Tickets for your submitted show(s) to be available for purchase through the Fringe booking system. A minimum of 25% of tickets for each performance of each ticketed show must be available for sale through the Fringe booking system. A commission of 4% (+ VAT) is charged on all sales through the Fringe booking system. This minimum volume of sales is required for all ticketed shows, both live and digital (Tickets for sale at your venue are not provided by the Fringe booking system); and
ii. You to payment of all returns made through tickets sold through the Fringe booking system, less the stated commission charges and music licensing fees, if applicable. Ticket sale revenues can be sent to the organisation contact listed on the booking form, the performer/performing company, the venue or another individual, as designated in the Payout Details section of the Show Registration Form. EFFS will send out all such returns no later than 30 September of the year in which your show will be performed.
b. By submitting the Show Registration Form, you confirm:
i. that you have a signed contract with the venue(s) chosen within the relevant form. Any failure to have a contract prior to submitting this form could lead to the show being removed from the Programme and the Website, with no refund of payment for that show.
ii. that you own the relevant intellectual property rights in the Content and/or have obtained all necessary licences, rights and/or permissions from third parties so as to enable EFFS to use the Content for the purposes of organising, co-ordinating, advertising and marketing your show and/or the Edinburgh Festival Fringe.
iii. that you (1) consent to the use of your personal data and (2) have obtained all necessary consents and permissions from third parties under the relevant data protection legislation, in each case to permit the collection, processing, transmission and disclosure by EFFS of any personal data comprising part of the Content for the purposes of organising, co-ordinating, advertising and marketing your show and/or the Edinburgh Festival Fringe, including (without limitation) the sharing of such information and data with carefully selected third parties for those purposes.
iv. that the details of the show are correct and final. Minor editing to show Content is allowable during the proofing process, but any significant changes will be considered a new registration, leading to the cancellation of the existing registration and the payment of any fee difference (if applicable). Significant changes include (but are not limited to); show title, copy changes, change of venue. If your circumstances require a change to be made then please contact the Programme Team directly.
c. EFFS does not tolerate any unacceptable behaviour towards our staff and contractors. EFFS have a written Unacceptable Behaviour Policy covering matters of this nature.
d. EFFS support the rights of those who take part in the Edinburgh Festival Fringe to do so without fear of bullying or harassment. Links to supporting organisations can be found on edfringe.com.
1.4 EFFS rights under the Show Contract
EFFS reserves the right to:
- Retain any money from ticket sales that is owing to it;
- Refuse an application to register a show for the Edinburgh Festival Fringe by any company or individual that is a debtor to EFFS or FFTL (persistent or otherwise), or is deemed to be connected to a debtor (persistent or otherwise) of EFFS or FFTL;
- Charge all applicable fees to any show or organisation that is listed on the Website (onsale’). For the avoidance of doubt, this also includes shows registered after the Programme (if applicable) has been finalised for print but not distributed to the public;
- Withdraw a listing from the Programme or the Website if sufficient payment in advance is not received;
- Edit copy for the Programme and the Website copy to reflect Fringe house style;
- Refuse copy that contravenes Programme and the Website house style;
- Cancel and relist a show where significant edits are requested after the stated deadline;
- Accept corrections to a show's stated performance dates, times, durations and prices from its venue manager;
- Your show registration must represent one show or event, and individual show copy cannot advertise or reference another show or event. Similarly, multiple registrations submitted for a single event are not permitted and will be cancelled.
- Where a show can describe in one listing what that show is about, either online or in person or both, then this is considered as one listing and would only require one registration and one fee. If the description of the show differs for those attending in person and those attending online, then this will be considered as two separate listings and will require two separate registration.
- Refuse to publish any text or images deemed by EFFS to be inappropriate for the general audience for which the Programme or the Website is intended;
- Refuse to allow the registration of a show or – if a show has already been registered at any time prior to or during the Edinburgh Festival Fringe – cancel a show, upon reasonable justification, including the enforcement of our Unacceptable Behaviour Policy and/or our Shows and Venue Terms and Conditions;
- Distribute listings and images for third party listings at EFFS' discretion; and
- From time to time, send emails and e-bulletins regarding the Edinburgh Festival Fringe and EFFS to the contacts you provided in the Show Registration Form in line with current data regulations.
1.5 Indemnities and liability
a. You acknowledge and agree that all Content submitted as part of a show registration (including public reviews of shows) for publication in the Website, Apps, printed Programme and other listings associated with EFFS is submitted at your own risk and warrant that all Content complies with the standards and requirements set out in Clause 16 of the master terms and conditions.
b. You hereby indemnify and shall keep indemnified EFFS, FFTL and their respective directors, employees, officers, agents, contractors, sub-contractors, advisers and consultants against any loss or damage arising out of:
i. the Content being unlawful or otherwise in breach of the warranty set out in Clause 1.6(a) above;
ii. your failure or delay to obtain the consents, licences or permissions set out in Clause 1.4 (Terms of Your contract); and
iii. any other claim that the Content infringes the intellectual property rights of a third party.
c. Under no circumstances will we be liable for any Content, including but not limited to errors or omissions, or loss or damage (or claim thereof) of any kind as a result of any Content contained within, or any claim that the Content is found to be unlawful or otherwise in violation of these terms and conditions (including, without limitation, in respect of a breach of a third party’s intellectual property rights).
d. Whilst we will endeavour to ensure that show listings will be printed and/or uploaded in full, it will not be liable for errors or omissions. We will refund a portion of fees paid solely in the event of a listing not appearing in the Programme and the Website, but will not be liable for any costs incurred by you, your organisation, your performer/performing company or your venue, including any loss of profit, business contracts, revenue, or any special, indirect or consequential damage, or loss of any nature whatsoever arising out of errors or omissions or failure to print and/or appear the Website or the App.
e. For the avoidance of doubt, the limitations of liability contained in this Clause shall apply to both EFFS and FFTL. The indemnities granted under this clause are also granted for the benefit of FFTL, and in the event of any loss being suffered or any claim being made against FFTL, it shall be treated as being a loss suffered by EFFS. Any such loss suffered by FFTL shall not be regarded as indirect, special or consequential simply because it has been suffered by FFTL and not EFFS.