Return to main Advice page

Legal Eagle

Scottish Law

Q: Fringe pitfalls

I plan to bring my company's show to the Edinburgh Festival Fringe this, year but have been warned of the various legal pitfalls that occur when entering into contracts at this level. Could you advise me on the best way to go about this?

A: You are right to be concerned about the possibility of legal pitfalls, bearing in mind that production venues at the festival traditionally include not just conventional theatres but unusual venues for theatrical productions such as car parks, gardens, pubs, schools, restaurants, studios, museums and hotels, and it may not always be easy to, establish the status and authority of the particular individual you are dealing with and who is taking your booking.

The ground rules are usually a matter of commonsense. Don't rely on a verbal agreement because, although perfectly legal, its contents will be a matter of your word against that of the other party.

Do insist on a written contract, containing all the essential terms, even if the contract is in letter form. Do make sure that the precise dates, times and length of performances of your booking are confirmed in writing, and, also what you are to pay for it and what your position will be in the event of cancellation by you.

Check the small print (if any). Make sure the venue manager does not have the option to pull out. Above all, if you have any reason to doubt the authenticity or authorisation of the person you are dealing with, insist on having this confirmed or check it out yourself as best you can, depending on the circumstances.

Consider asking for status and financial references (but remember this can apply to you as well). If you are still in any doubt, 'either about individual status or about any particular clause in the contract, do not hesitate to seek the advice, either of your own solicitor or, alternatively, from the Festival Fringe office in Edinburgh (Tel: 0131 226 5257) Which is run by the Festival Fringe Society Limited. Make sure that details of your booking are entered in the official programme published by the society and that your venue manager is aware of this.

If you have any cause for complaint for breach of contract or maltreatment, do not hesitate to complain to the Fringe office, since venue managers have a reputation to maintain for future festival activities. Do pay particular attention in the contract to arrangements relating to sale of tickets, for advance promotion and publicity, and how receipts from ticket sales are to be divided between you and the venue management.

Obviously, do visit the venue in advance and ensure the contract stipulates that the seating and stage arrangements will on the day be as inspected by you or as may be otherwise specified in writing. Clearly the number of seats in the auditorium will be an important specific, as also any technical equipment or facilities required for your performance. Matters of that kind are, as I have said, largely a question of commonsense. Do not assume the obvious but insist on all essential terms, however obvious, being confirmed in writing. Also it is advisable to turn up well in advance of the first performance to check and confirm the arrangements.

First published August 1997