T&C
Terms & Conditions
Upon confirmation of a booking (in accordance with clause 2.1 below), Modern Vintage Dance Band (herein known as the Artist) will issue these terms and conditions and the Entertainment Booking Form (together the “Contract”) to the Client (as identified in the Entertainment Booking Form) for signature and this must be returned within 2 working days.
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1. Introduction
1.1 This booking contract is negotiated by the Artist and is made between the Client and the Artist.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing (“Confirmation”).
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 The Artist will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Artist and negotiator between both parties for the period up to and including the Event Date, and for a further period of eighteen months.
3. Changes to contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
3.2 All changes to the Contract must be arranged and agreed by the Artist in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of VAT and reasonable expenses (including but not being limited to the Artist’s reasonable travel time and cost). The Artist shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance (“Fee”), VAT, fees payable for travel, travel expenses and other expenses.
4.2 The agreed Deposit is due strictly within 5 working days of invoice. Deposits can be paid by cheque, debit/credit card or BACS transfer (details for payment are set out in the Entertainment Booking Form or invoice). The Deposit is non-refundable.
4.3 Unless otherwise agreed by the Artist in writing on the Entertainment Booking Form, the Balance is payable to the Artist either in cash or by cheque on the day of the event.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT’S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
Cancellation by the Client:
5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 17) provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.
5.2 Where the Client has terminated (or is deemed to have terminated) the Contract the Artist shall use all reasonable endeavours to secure an alternative booking on the Event Date either with themselves or with another agency that the Artist uses.
5.3 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit, calculated as follows:
5.4
| CANCELLATION PERIOD | CANCELLATION FEE |
| less than 48 hours after Confirmation and more than 7 days before Event | nil |
| up to 90 days before Event | 50% of Balance |
| up to 61 days before Event | 75% of Balance |
| 60 days before Event | 100% of Balance |
5.4.1 Where the Artist has secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.
5.5 All cancellation fees shall be paid to the Artist within 14 days of the Event Date.
5.6 Any payment outstanding from the Client will be referred to the Artists debt recovery company and will be subject to a surcharge of 15% plus VAT to cover administration fees and costs incurred. Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
5.7 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Artist
6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Artist shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Artist agrees to refund the Client the Deposit plus any other fees already paid in advance.
6.3 Without prejudice to any other rights the Client may have, should the Artist purport to terminate a Contract for any reason other than a Force Majeure Event the Artist shall pay within 5 working days to the Agent an administration fee equal to the commission due on the Contract (being an amount equal to the Deposit). The Artist shall be liable to pay to the Client the difference between the original Total Cost under this contract and the new fees charged by any replacement artist arranged for the Client by the Agent up to a maximum higher price difference of 20% of the Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
6.4 No refund shall be given to the Client against the Deposit already paid, and no administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Agent and agreed by the Client. However, should a replacement artist charge a lower fee, the Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be due their usual fee. The Agent shall use reasonable endeavours to contact the Client and Artist to agree this in advance.
6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.
7. Late payment of deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
8.2 The Artist reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
8.3 Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Artist’s recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
9. Complaints
9.1 If through its own fault the Artist is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the artist no more than 30 days after the Event Date. Full payment must still be made to the Artist as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Artist within the terms of this Contract will incur charges outlined in clause 8 above.
9.2 Once a written complaint has been made by the Client, the Artist will discuss the complaint and submit a written statement detailing their version of events. A third party may be appointed to act as mediator between Client and Artist in order to come to an amicable agreement over any refund or expense which may be due. If the third party/ Artist cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Artist. Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Artist accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to the Agent’s standard rate of commission. The Artist must disclose to the Agent additional monies collected within 7 days of the Event Date and account for commission due within 7 days.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.
11.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall become due as a late finish fee.
11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
12 Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Artist in cash or by cheque on the Event Date shall become due as an extended performance fee.
12.2 The Artist has the right to refuse to extend their performance times without penalty.
13 Expenses
13.1 If this Contract includes a schedule containing the Artist’s requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
13.2 If the Client has agreed to cover additional expenses incurred by the Artist (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client within 60 days after the Event Date.
13.3 The Client shall reimburse all expenses to the Artist within 28 days of receipt of the invoice.
14 Sound limiters & volume
14.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
14.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
14.3 The Artist 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 an Artist of its type.
15. Artist equipment
It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performer, persons or members of the public without the written consent of the Artist. By engaging the Artist in a contract for an engagement, the Client assumes responsibility for the behaviour of their party and is subsequently liable for the damage or loss of any of the Artists equipment caused by members of the Client’s party.
16. Use of alternative/deputy performers
16.1 This clause covers any person or persons who stand in for one or more of the Artist’s standard group of performers should they be unable.
16.2 The Artist will perform using their standard group of performers as advertised to the Client unless otherwise agreed by the Client in advance, or it is necessary due to a Force Majeure Event. The Artist 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 Artist’s repertoire, and represent the Artist to the same high standard that is known by and expected by the Client.
16.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
16.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client if requested.
16.5 There will be no reduction in the Artist’s fee if a deputy performer is used.
16.6 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.
17. Force Majeure Event
17.1 A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
18. General
18.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.
18.2 The parties agree that this contract is governed by Scottish law and hereby submit to the exclusive jurisdiction of the courts of Scotland.
APPENDIX – SLA
The Artist agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artist’s show, as known and as advertised to the Client via distribution of the Artist’s demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The Artist agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist’s responsibility to ensure the good working order and safety of their own equipment, and to obtain all necessary insurances & certification.
The Artist agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band.
The Artist will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present.
The Artist will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists.
The Artist will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
The Artist will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, or the Client.
The Artist at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The Artist shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act.
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.