14. Registering a Show
The following terms apply if you are registering a show at the Edinburgh Festival Fringe (at registration.edfringe.com), in addition to the other clauses in these terms and conditions, except for clause 12 (Purchasing Tickets), clause 13 (Purchasing Goods from the Fringe online shop on the Website), clause 15 (App Licensing Terms) and clause 16 (Advertising Terms). All references to "we", "us", "our" etc. in this clause 14 shall refer to EFFS.
14.1 Membership of EFFS
EFFS is the organisation that underpins the Edinburgh 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.
14.2 Submission Guidelines
- In order to register a show for the Edinburgh Fringe, you are required to register 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.
- Your Show Registration Form will only be accepted if completed in full, so please ensure you provide all the information required.
- You cannot submit your Show Registration Form without the required payment.
- 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.
14.3 Terms of Your Contract
- In order to register a show for the Edinburgh 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.
- Your Show Registration Form will only be accepted if completed in full, so please ensure you provide all the information required.
- You cannot submit your Show Registration Form without the required payment.
- 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.
14.4 Terms of Your Contract
- Your completion and submission of the Show Registration Form with the required payment entitles:
- 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. (Tickets for sale at your venue are not provided by the Fringe booking system); and
- 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.
- By submitting the Show Registration Form, the organisation confirms they have a signed contract with the venue(s) chosen within this 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.
- By submitting the Show Registration Form, the organisation confirms that it has obtained or is in the process of obtaining all necessary rights and permissions pertaining to the show being registered. The organisation indemnifies EFFS against any legal action pertaining to the rights or licences for the show.
- By submitting the Show Registration Form the organisation confirms it is the originator of all content and is, therefore, solely liable for the content. EFFS will take no responsibility for content submitted for publication on the Website, Apps, printed programme and other listings associated with EFFS. 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.
- By submitting an image for the show, the organisation confirms that it has obtained all necessary rights and permissions to use this image. The organisation indemnifies EFFS against any legal action pertaining to the rights for this image.
- By submitting the Show Registration Form the organisation confirms 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.
- EFFS does not tolerate any unacceptable behaviour towards our staff and contractors. EFFS have a written unacceptable behaviour policy.
- EFFS support the rights of those who take part in the Edinburgh Festival Fringe to do so without fear of bullying or harassment.
- EFFS shall not be responsible for checking any materials (including any links to, or content on, any third party sites) submitted as part of the Show Registration Form for publication in the Edinburgh Festival Fringe Programme and/or the Website, and shall not be held liable in respect thereof.
14.4 Use of Data
By completing and submitting the Show Registration Form, the organisation confirms (a) its consent; and (b) that it has obtained all necessary consents, licences and permissions from third parties, in each case to permit the collection, processing, transmission and disclosure by EFFS of all information or data submitted by you in the Show Registration Form for the purposes of organising, co-ordinating, advertising and marketing your show and/or the Edinburgh Festival Fringe, including the sharing of such information and data with carefully selected third parties for those purposes. The foregoing consents expressly include any consents required under the Data Protection Act 1998 in respect of personal data (as defined in that Act). The organisation indemnifies and shall keep indemnified EFFS against any loss or damage arising out of a failure or delay in the organisation obtaining consents, licences or permissions under this clause 14.4.
14.5 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 EFFTL;
- charge all applicable fees to any show or organisation that appears in the Programme or on the Website or the App but that withdraws from the festival before the Fringe actually starts, for the avoidance of doubt this includes shows registered after the Programme 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 copy style;
- refuse copy that contravenes Programme and the Website copy 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;
- limit entry in the Programme and on the Website on a one-show-per-listing basis, EFFS will enforce in line with the ticket-selling requirements of its booking system;
- 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;
- 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 provided by the organisation in the Show Registration Form in line with data regulations.
Furthermore, whilst EFFS will endeavour to ensure that show listings will be printed and/or uploaded in full, it will not be liable for errors or omissions. EFFS 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.
14.6 Indemnities and liability
- The indemnities granted under clauses 14.3(c), 14.3(d) and 14.4, 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.
- The terms of clause 17 shall also apply to liability of EFFS and FFTL.
14.7 Notices
- Any notices given to EFFS or FFTL, or by either EFFS or FFTL to you, as a business, under or in connection with these terms and conditions, shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
- A notice or other communication shall be deemed to be received:
- if delivered personally when left at our registered office;
- if sent by prep-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, one working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and place in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.