Terms & Conditions
Payment of Booking Fees: It is agreed that
The signed Booking Contract and deposit are due within 3 days of issue.
If a payment due to the Leader has not been received in the specified time, the Leader may terminate the Booking Contract without penalty. Additionally, the Engager remains liable for cancellation fees as outlined in ‘Clause 8: Cancellations’.
If the booking deposit has not been received within the allotted time (3 days) this may be perceived as a breach of contract and free the Leader from contractual ties. However, the Engager will still be accountable to ‘Clause 8: Cancellations’ and also remain liable for the booking deposit.
By transferring the booking deposit, the Engager is agreeing to all terms and conditions laid out in this contract, even if the contract is not signed and completed by the Engager.
Failure to pay the Leader, and/or the Artist or Artists, the outstanding balance by either bank transfer up to one week before the event or cash on the date of the event, as agreed, will automatically result in a late payment fee of £25 being charged to the Engager by the Leader. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 21 days, a further £25 shall be added to the outstanding amount.
Where the outstanding balance has not been paid within 21 days, the amount may be sought via legal processes or referred to a debt recovery agency by the Leader.
Performance in addition to that specified in Clause 1 above shall be subject to fees and conditions to be agreed between both parties in Clause 2.
Performance, Setup and Takedown Times: It is agreed that the Artist or Artists will perform for the agreed times stated in Clause 1.
Expenses: Travel expenses are included in the initial booking deposit. See Clause 5 for further potential expenses that may need to be covered by Engager.
Engager Responsibilities:
The Engager must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the Artist or Artists by possessing appropriate licenses and no inhibiting noise limiters. A safe performance area and the party guests must follow these guidelines:
- All equipment must be sheltered and completely protected from rain, sunlight (to avoid overheating), and birds etc.
- A flat and level surface must be provided for the equipment. If the surface is on a gradient this will not be suitable. If in a marquee or similar space, a panelled wooden or similar surface or stage must be provided for the equipment.
- For DJ setups, At least 2m of height and 3.5m width must be provided throughout the setup space (in addition to stage height if applicable)
- No drinks are allowed on the equipment and guests are not allowed to touch or lean on the equipment. No throwing of drinks near equipment is allowed and any damage caused by this behaviour or knocking over of drinks on equipment will result in an immediate termination of the performance.If non-performance or a below par performance results due to venue restrictions, the Engager will still be liable for the total fees. The Engager should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the Leader and/or Artist or Artists.
Furthermore, it is also the responsibility of the Engager to ensure that the Artist or Artists are provided with free parking facilities at the performance venue for all vehicles associated with their act. Should no free parking be available the Engager is liable for any parking charges incurred. Parking charges will be invoiced after the event and must be paid within 14 days of receipt of invoice.
It is also the Engager’s duty to ensure that the Artist or Artists are provided with adequate refreshments throughout their stay at the performance venue. For the best performance, it is important that the Artist or Artists are well fed and taken care of. The minimum that must be made available is a free unlimited supply of bottled mineral water and soft drinks, and a hot (main) meal or buffet for the Artist or Artists and any member associated with the act (i.e. Roadies or DJs), either before the start of performance or during a break. Sandwiches, soup etc. will not suffice as a suitable main meal. A suitable break for the meal must be factored into the required performance schedule. If no suitable main meal or drinks allowance is provided the Artist or Artists reserve the right to order food from the venue or from a local restaurant or takeaway and bill this to the client or invoice this to the client after the event. All food and drinks invoices must be paid within 14 days.
Unless given express permission, the equipment and instruments belonging to Artist or Artists and associated party are not available for use by any other person or party.
If the Artist or Artists or associated party are subjected to aggressive or abusive behaviour and the Engager does not remove the perpetrator the Artist or Artists shall be allowed to terminate their performance without penalty. This includes damage to equipment due to drunkenness. The Engager will still be liable for the total fees.
It shall be the engager’s responsibility to pay for reparation to equipment for damage caused by drinks thrown or drink spillage as well as equipment being knocked over by guests and any health costs incurred by actual bodily harm to any guests caused by equipment falling due to the aforementioned reasons (see ‘Clause 9: Damage of Equipment…).
When traveling distances are longer than 2 hours:
- Accommodation provided must be provided for Artist or Artists and associated party. Accommodation must be private, the room must be lockable, ensuite and hotel must be a minimum of 3* including breakfast.
- All food must be covered for Artist or Artists and associated party whilst traveling, which includes breakfast at a hotel, lunch and dinner as required within a reasonable price at a local restaurant or pub etc.
- Food charges and all other expenses not already invoiced will be invoiced after the event and must be paid within 14 days of receipt of invoice (unless otherwise agreed).The required elements within ‘Clause 5: Engager Responsibilities’ must be provided by the Engager at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in Clause 5 are negotiable between the Engager and Leader, but any modifications should be written into the Booking Contract specifically.
Replacement Musicians:
Wherever possible the Leader should utilise the line-up as represented to the Engager, unless the need arises to substitute a performer due to unforeseen circumstances. The Leader will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise. The Leader agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the Leader to the customary manner in which the Leader has portrayed themselves to the Engager.
If a suitable ‘Dep’ performer is available, the Leader will utilise them rather than cancel the booking. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation.
The Leader agrees that the Artist or Artists shall not take other bookings for this date unless they will fit in with the agreed schedule of the date and allow them to perform at both events with reasonable time to set up and take down for both.
Equipment safety: It is the responsibility of the Artist or Artists to ensure the good working order and safety of the Artist or Artists’ equipment. The Artist or Artists confirm that all equipment is PAT tested annually. In addition, the Artist or Artists confirm ownership of Public Liability Insurance (to a minimum of £10,000,000 cover).
Use of Equipment: It is agreed by both parties that the equipment and instruments of the Artist or Artists performing for the engagement are not available for use by other performers or persons except by specific permission of the Artist or Artists. It is also agreed that the use of filming equipment by the Artist or Artists and/or associated party for the Leader’s promotional use is permitted at all times by the Engager.
Damage of Equipment or bodily harm to guests or Artists and associated party: It is the responsibility of the Engager to take all reasonable steps by way of stipulation in booking providing the venue for the engagement, to ensure a safe supply of electricity and the security of the Artist or Artists and the associated party, their equipment and property at the venue. It shall also be the responsibility of the Engager to pay for reparation of any damage caused to equipment during the event by anyone other than the Artist or Artists and their party, or replacement of damaged items (if not reparable) with new items. It will also be the responsibility of the Engager to pay for any health costs related to bodily harm caused to Artist or Artists and guests, by equipment being knocked over by guests or anyone other than the Artist or associated party. These payments shall be due within 14 days after the event after invoice is sent and if unpaid shall result in legal action and referral to a debt recovery agency. The penalties shall be treated in the same way as cancellation and late payment fees (see ‘Clause 2: Payment of Booking Fees’ and ‘Clause 11: Cancellation’).
Performance Schedule Changes:
Unless otherwise agreed, the latest finish time for the performance will be midnight. If the Engager would like a later start time than originally agreed, extra hours past midnight will still be chargeable at the rate agreed by the Leader.
Where it is not possible to amend the contract prior to the event (E.g. on the day itself), changes should be agreed between the Engager and the Leader.
If extra hours are agreed on the night, these must be settled before the extended performance (either by cash or bank transfer) begins.
If the timings of the event are overrunning due to no fault of the Artist or Artists, the Artist or Artists are under no obligation to finish later than the time specified in the Booking Contract and the Leader is still due full payment.
If the Artist or Artists have been asked and agree to perform for longer than the time outlined in the Booking Contract (i.e. extend a 45 minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the Leader or Artist or Artists on the day of the event via bank transfer. However, the Artist or Artists are under no obligation to extend their performance should they not wish to.
Cancellation: Where the Engager has cancelled the booking for reasons other than those outlined in ‘Clause 12: Force Majeure’ cancellation fees shall apply and are based on the following:
Where cancellation is made within 48 hours of confirmation no cancellation fee is due unless the event date is within the following 7 days, in which case the full booking fee will be due. However, the booking deposit is non-refundable.
Where cancellation is made after 48 hours of confirmation but 90 days or more from the event 50% of the total remaining booking fee is due.
Where cancellation occurs within 90 days and up to 61 days of the event 75% of the total remaining booking fee will be due.
Where cancellation occurs within 60 days of the event, 100% of the total remaining booking fee will be due.
All cancellation fees must be paid directly to the Leader or Artist or Artists (as specified by the Leader) within 14 days. Where cancellation fees are not paid within 14 days the Leader may take legal action or may refer the amount to a debt recovery company. If referred, the outstanding balance will need to be paid in addition to the recovery company’s charges. These charges together with all other charges and legal fees will be the responsibility of the Engager and will be legally enforceable.
If the date is cancelled there shall be no obligation on the side of the Leader and/or Artist or Artists to perform or engage a performance on a different date and doing so shall be at the discretion of the Leader.
Force Majeure:
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
Should the event date need to be rescheduled due to Force Majeure, the Leader agrees to change the performance date and put all current payments towards the new date, given that the Leader is still available for the new date. The Engager agrees to check the availability of the Leader before rescheduling the date. Should the date be rescheduled to a date where the Leader is unavailable, the Engager will remain liable for cancellation fees.
Additional fees due to reasonable inflation or price increase of services may be applicable if the date is rescheduled (i.e. to a new year). All current prices for the Artist or Artists will be able to be ascertained from their respective websites.
Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in ‘Clause 11: Cancellation’ shall be unenforceable.
Change of Agreement: This Agreement may not be modified or cancelled except by mutual consent, in writing and signed by both parties.