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Any booking CONFIRMED ELECTRONICALLY OR IN WRITING will be subject to the following terms of booking. By agreeing to these terms both the ‘Customer’ and ‘The Band’ agree to be bound by all of its contents.
The Booking Process
The Customer must provide a detailed (electronic or written) booking request. The Booking Request must at least contain the Date of the Event, Start and End Time of “The Band” performance, Type of event, and Place of the Event. The Band will then reply with the fee(s) and their availability. Both the ‘Customer’ and ‘The Band’ agree that the acceptance of the electronic or written quote, will be confirmation of this booking, and it will confirm their acceptance of these terms and conditions. The ‘Customer’ must then pay the booking deposit (non-refundable) to ‘The Band’ within 7 Days, unless otherwise agreed.
Changes to the contract
Any modification or cancellation shall not prejudice the right to payment of the musicians.
Payment of fees
The agreed booking deposit outlined on the electronic (or written) communications is non-refundable and is due within 7 days of issue. The outstanding balance is payable to ‘The Band’ (or other person nominated by ‘The Band’) a week prior to the event, unless otherwise agreed. All payments are payable in cash or bank transfer. (Bank transfers must be cleared before the event date). If the balance is to be paid at the event, the payment has to be done in cash and before the band performance. The Band will not perform unless the balance is paid in full.
All quotes for performance by ‘The Band’ will be inclusive of all expenses required by the artist to perform the act agreed. This will include travel expenses, Basic PA system hire, and interval music services unless otherwise specified. If any additional expenses will be incurred (such as taxis, band lighting hire, food, Professional PA system, Sound technician, rehearsal time, hotels, flights, parking etc) other than those originally agreed at the time of quotation then these additional expenses should be mutually agreed in writing before the date of performance, and the total fee altered accordingly. If ‘the band’ incurs any unavoidable expenses (such as parking, congestion charge etc) on the date of performance in order to meet with the criteria specified in the entertainment contract or these terms of booking then the ‘Customer’ agrees to reimburse all expenses to ‘The Band’ (or spokesperson nominated by ‘The Band’) on the date of performance in addition to the outstanding balance.
Late payment of deposits
Failure by the ‘Customer’ to pay the booking deposit within 7 days of accepting the quote may jeopardise the booking. If the deposit has not been received within 7 days and the ‘Customer’ has not arranged an alternative payment schedule, ‘The Band’ reserves the right to re-engage the band on other engagements.
Late payment of balance or no-payment of balance
“The Band” will not perform unless the deposit and balance are fully paid before the performance time. If “The Customer” does not paying the outstanding balance “the Band” reserves the right to start a legal process or referred to a recovery company and interest and expenses will be added to the outstanding balance at the appropriate rate.
Changes on the day
Only where possible, changes to the contract schedule which are unavoidable on the day of the event should be agreed between the ‘Customer’ and ‘The Band’ (or spokesperson nominated by ‘The Band’) prior to performance. Any changes made should be confirmed in writing and witnessed by a 3rd party. Any changes will be subject to these terms and conditions. If changes negotiated between the ‘Customer’ and ‘The Band’ (or nominated spokesperson ) on the day of the event are agreed to incur additional costs to the ‘Customer’, these costs will be paid in full, in cash on the date of the event in addition to any outstanding balance. “The Band” is not bound to accept time changes on the day as some members or the entire band may be not available after or before the contracted time(s).
Performance schedule changes
In the event of a delay in performance start time, due to the ‘Customer’ or venue, the band may need to change the length of their performance in order to fit with the new schedule. If the total performance length (contracted performance time plus any break) would then take the finish time more than 10 minutes past the contracted finish time, then ‘The Band’ has the right to reduce performance time to finish at the contracted time. ‘The Band’ (or nominated spokesperson) and ‘Customer’ should negotiate this possibility if it occurs, but the band has no obligation to perform past their contracted finish time if the venue or ‘Customer’ caused the delay. If the finish time is mutually agreed to be later than contracted, a late finish fee will be charged. If, due to the late running or alterations of the event schedule, the band is not able to perform their full contracted performance time, there will be no reduction in the fee due.
Late finish fees
If the event runs late and the band is asked to finish later than the agreed finish time in the booking contract, a ‘late finish’ fee will be charged unless otherwise agreed between the ‘Customer’ and ‘The Band’ (or nominated spokesperson) on the day of the event. If a late finish is mutually agreed, it is the responsibility of the ‘Customer’ to ensure that the venue has a licence suitable for the performance of the band after the contracted finish time. The Band (or nominated spokesperson) has the right to refuse to finish later than the contracted time without penalty.
Extended performance fees
If the event schedule is changed on the day and the ‘band’ is requested to perform for longer than the performance time agreed in the entertainment contract (i.e. extend a 45 minute set to a 60 minute set), an ‘extended performance’ fee will be charged unless otherwise agreed between the ‘Customer’ and ‘The Band’ (or nominated spokesperson) on the day of the event. The ‘extended performance’ rates should be mutually agreed by ‘The Band’ and the ‘Customer’ and should be assumed to be pro-rata unless otherwise specified. ‘The Band’ (or nominated spokesperson) has the right to refuse to extend their performance times without penalty.
Usual set-up requirement for the ‘band’ at an event is 90 minutes prior to the event start time (i.e. 18:30 arrival for a 20:00 start), and this time will be used to set-up equipment, sound check and change into performance outfits. If the ‘band’ is required to be set up earlier than the contracted start time, possibly due to venue limitations or logistical issues, an additional early setup fee will be charged as this can add significant additional time onto the ‘band’s working day. The 'extended performance' rates should be mutually agreed by 'The Band' and the 'Customer' and should be assumed to be pro-rata unless otherwise specified. A full sound check can only take place once the whole band is present. If only a portion of the band are present for early set up then 30 minutes will be needed to sound check prior to the performance once the whole band is present. If the early set-up request is received too late or too close to the event date, there is no guarantee that the ‘band’ will be able to accommodate the request. If the ‘band’ is able to accommodate the request, the additional fee will be paid on the day of the event along with the balance outstanding.
Cancellation by the ‘Customer’
This cancellation procedure applies to any confirmed booking whether confirmed verbally, electronically (i.e. email) or in writing. Non-signature or non-reply to emails is not sufficient to cancel this agreement. Any cancellation by the ‘Customer’ or ‘The Band’ must be notified to the other party in writing. A change of event date will be considered a cancellation if the band is not available on the new date. A reduction in numbers of performers required at the event will be considered a cancellation of the performer(s) not required in the new agreement. Cancellation fees will then be calculated pro-rata (i.e. If a 5-piece band is reduced to a 4-piece band then 20% cancellation fee will be due since 1/5 of the total number of musicians have been cancelled). All deposits are non-refundable. In the event that the ‘Customer’ wishes to cancel the booking, the ‘Customer’ agrees to inform ‘The Band’ immediately. A cancellation fee will be due in all cases, payable by the ‘Customer’ to ‘The Band’ within 7 days of notice. The date of cancellation will determine the amount of cancellation fee due. Notice of cancellation received more than 30 days prior to the event will incur a cancellation fee of 50% of the total contracted fee. Notice of cancellation between 14 to 30 days prior to the event will incur a cancellation fee of 75% of the total contracted fee. Notice of cancellation within 14 days of the event will incur a cancellation fee of 100% of the total contracted fee.
Use of alternative (‘dep’ or ‘deputy’) musicians
The Band will perform using the instrumentation of the ‘band’ as advertised to the ‘Customer’ unless the need arises to use an alternative (‘dep’) musician, due to unforeseen circumstances. The Band will have ‘dep’ musicians on call to cover all eventualities, and reserves the right to use one or more of these if the need arises. There will be no reduction in the contracted fee if a ‘dep’ musician is used, and the use of one or more ‘dep’ musicians does not constitute grounds for cancellation
Major Unforseen band situation
In the case of any situation arising on or before the event date which renders the agreement impossible to fulfil by "the Band", "the Band" may cancel the performance without penalty other than the refund of any already paid monies.
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