1.Payment Terms

 

1.1 The Booking Fee is payable via bank transfer on the Booking Date in order to secure the Band for the Event Date. This covers the cost of administering the booking and is not refundable in the event of cancellation.

 

1.2 The Balance is payable via bank transfer, not later than the Event Date, unless otherwise agreed with the Band.

 

1.3 If the Balance has not been received in cleared funds by the Event Date, the Band has the right to terminate this Agreement and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 4.3).

 

2.The Client’s Obligations 

 

2.1 It is the Client’s responsibility to ensure that the Venue can accommodate the Band. Non-performance of this Agreement by the Band due to venue restrictions shall not entitle the Client to a refund of the Booking Fee or the Balance.

 

2.2 The Client agrees that the equipment and instruments of the Band and each musician performing are not available for use by any other person, except by specific and explicit permission of the musician.
 

2.3 The Client shall ensure a safe, dry and level performance area of no less than three metres (depth) by four metres (width), with a safe supply of electricity from no less than two standard 13amp power outlets. This area is out of bounds to guests and members of the public in accordance with the Band’s health and safety policy statement. This policy will be made available to the Client and/or the Venue upon request.

 

2.4 The Client shall ensure the reasonable safety and security of the Band and their property whilst at the Venue.

 

2.5 The Client shall ensure on-site or local parking space for two vehicles free of charge to the Band.

 

2.5 The Client shall not make or permit the making of any professional audio and/or visual recording of the Band’s performance for publication or broadcast without the prior consent of the Band.

 

3.The Band’s Obligations 

 

3.1 The Band agrees to provide a performance that is to the best of their ability, and reflects the likeness of their type of band as advertised via promotional materials.

 

3.2 The Band agrees to provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party as per the Booking Notes. 

 

3.3 The Band has a responsibility to ensure the good working order and safety of their own equipment, and to obtain any necessary PAT certification.

 

3.4 The Band will have adequate and valid public liability insurance in place on the Event Date, and will supply certificates to the Venue and/or the Client upon request.

 

3.5 The Band will ensure all electrical equipment is PAT tested once per year where necessary and will supply current certificates to the Venue and/or the Client upon request. 

 

3.6 The Band will carry out a dynamic risk assessment of the performance area and work according to their health and safety policy statement. This policy will be made available to the Client and/or the Venue upon request.
 

4.Cancellation by the Client 

 

4.1 Where the Client has terminated (or is deemed to have terminated) the Agreement, the Band shall use all reasonable endeavours to secure an alternative booking on the Event Date.

 

4.2 Upon termination of this Agreement by the Client at any time, the Client forfeits any sum already paid as the Booking Fee. 

 

4.3 Where the Client has terminated (or is deemed to have terminated) the Agreement and the Band is unable to secure an alternative booking for the Event Date, the following cancellation fees shall apply:

 

Cancellation within 180 - 91 days before the Event Date - 50% of the Balance 

Cancellation 90 days or less before the Event Date - 100% of the Balance

 

4.4 In the event that the cancellation fees (set out in clause 4.3) are due, the Client will pay the necessary amount by bank transfer no later than five business days after the Event Date.

 

4.5 The Client may only cancel this Agreement without needing to pay the cancellation fees (outlined in Clause 4.3) due to a Force Majeure Event beyond the control of the Client. “Force Majeure Event” means an event that is beyond the reasonable control of either party, including, without limitation (act of God, war, strike, riot, hurricane, flood, fire, earthquake, volcanic eruption or events of a similar or different kind) but does not include any default of the Client’s suppliers or negligence on the part of the Client. The Client should inform the Band of the cancellation as soon as reasonably possible.

 

5.Cancellation by the Band

 

5.1 The Band will not be held responsible for non-performance of this Agreement due to a Force Majeure Event beyond the control of the Band. Under such circumstances, the Client will not be liable for the Balance, and any Balance previously paid will be refunded within 5 business days after the Event Date. Any Booking Fee paid may be transferred to an alternative date, or returned subject to deductions of costs already incurred.   

 

5.2 In the event that the Band cancels the booking for any reason other than force majeure, the Client will not be liable for the Balance, and any Booking Fee or Balance previously paid will be refunded within 5 business days after the Event Date.

 

6.Changes on the Event Date

 

6.1 If the Band is not able to complete their full performance due to the late running of, or alterations to the event schedule, which is no fault of the Band, there will be no reduction in the Fee.

6.2 If the event schedule runs late and the Band is asked and agrees to finish later than previously agreed above, the Band may agree with the Client an amount to be paid to the Band in cash, payable on the event date, as a late finish fee.

 

6.3 If the Band is asked and agrees to perform extra live music other than as previously agreed above, the Band may agree with the Client an amount to be paid to the Band in cash, payable on the event date, as an extended performance and/or late finish fee.

 

6.4 The Band has the right to refuse to finish later than the previously agreed finish time without penalty.

 

7.Sound Limiters and Volume

 

7.1 The Band shall adjust the volume and sound level of any equipment as the Client reasonably requires.

7.2 The Band cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.

 

7.3 The Client should discuss the presence of any sound limiters with the Venue and inform the Band of any noise/volume restrictions below 85db before confirming the booking.
 

7.3 The Band cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for a Band of its type.
 

8.Alternative or Deputy Performers

 

8.1 This clause covers any person who stands in for one of the Band’s advertised performers, should they be unable to perform. This may be due to illness, injury, or other circumstances. In such cases, the Band reserves the right to use alternative performers (known as deputies) where necessary.

 

8.2 Where possible and in the majority of cases, the Band will perform using their standard group of musicians as advertised to the Client. The Band’s lineup is subject to change, depending on availability of musicians. 

 

8.3 The Band agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Band’s repertoire, and represent the Band to the same high standard that is expected by the Client.

8.4 If a standard performer becomes unavailable and a suitable deputy performer is available, the Band shall use the services of the deputy performer rather than cancel the booking.

 

8.5 There will be no reduction in the Fee if a deputy performer is used.

 

9.Service Guarantee

 

9.1 The Band will make every effort to adhere to the Client’s wishes, be polite and courteous with the Client, their guests and all venue staff and contractors. 

 

9.2 The Band agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this agreement), including holiday entitlements, traveling expenses to and from the venue, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
 

9.3 The Band will refrain from the excessive drinking of alcohol and partaking of any illegal drug use before, during and after the performance at all times when the Client and/or their guests are present.
 

9.5 The Band will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
 

9.6 The Band will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, or the Client.
 

9.7 The Band shall be suitably and tidily dressed during their performance except with the consent of the Client.

 

10. Amendments and Cancellations 

 

10.1 This Agreement may not be modified or terminated except by mutual consent, in writing signed by both parties. 

 

11. General 

 

11.1 Third party rights. The parties do not intend that any term of this Agreement shall be enforced solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement. 

 

11.2 Governing law. This Agreement, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the law of England. 

 

11.3 Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.