Terms Of Booking

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms of booking. The completion of the written contract is therefore to confirm the details of the engagement, not to secure the engagement. The non-return or non-completion of the contract does not, therefore, terminate the original agreement. By agreeing to these terms and signing the contract, both the ‘engager’ and ‘leader’ agree to be bound by all of its contents.

Definitions

All definitions refer to both the entertainment contract and this ‘terms of booking’ document. An agreement was made on the date shown in ‘the agreement’ between ‘the engager’ of the one part and ‘the leader’ of the other part. The ‘engager’ engages the ‘leader’ to provide the combination of musicians (‘the band’) outlined in ‘the performance’, appearing as ‘FUNKification’ to perform for the event outlined in ‘the event’ on the date(s) specified in ‘the performance’ and at the fee(s) specified in ‘the fees’.

The Booking Process

Both the ‘engager’ and the ‘leader’ agree that their verbal, electronic or written confirmation of this booking will confirm their acceptance of these terms and conditions. The ‘leader’ will send a copy of the contract to the ‘engager’ once the booking has been confirmed between the ‘engager’ and the ‘leader’. Two copies must be signed by the ‘engager’ and returned along with the booking deposit (non-refundable) to the ‘leader’ immediately, to arrive no later than 7 days after issue. Upon receiving the signed contracts and deposit from the ‘engager’, the ‘leader’ will sign both copies of the contract and return one copy to the ‘engager’. Both the ‘engager’ and the ‘leader’ will keep one copy of the contract for their personal records.

Changes to the contract

This agreement may not be modified or cancelled except by mutual consent in writing and signed by both parties. Any such modification or cancellation shall not prejudice the right to payment of the musicians engaged by the leader.

Payment of fees

The agreed booking deposit outlined on the contract (non-refundable) and signed contracts are due strictly within 7 days of issue. The outstanding balance is payable to the ‘leader’ (or other person nominated by the ‘leader’) at least 1 week prior to the event in all cases unless otherwise agreed. All payments are payable in cash, building society counter cheque or bank transfer (BACS). Personal cheques can only be accepted if received at least 5 working days prior to the payment due date.

Expenses

All quotes for performance by the ‘leader’ will be inclusive of all expenses required by the artist to perform the act agreed. This will include travel expenses, PA system hire, basic band lighting hire and interval music services unless otherwise specified. If any additional expenses will be incurred (such as taxis, food, 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 ‘engager’ agrees to reimburse all expenses to the ‘leader’ (or spokesperson nominated by the ‘leader’ if the ‘leader’ is not present) on the date of performance in addition to the outstanding balance.

Late payment of deposits

Failure by the ‘engager’ to pay the booking deposit within 7 days of issue of written contract may jeopardise the booking. If the deposit has not been received within 7 days of issue of written contract and the ‘engager’ has not arranged an alternative payment schedule, the ‘leader’ reserves the right to re-engage the band on other engagements. The ‘leader’ will inform the ‘engager’ of this intention. The ‘engager’ will still be bound by cancellation clauses in section 11 of these terms and conditions.

Late payment of balance

Failure by the ‘engager’ to pay the ‘leader’ (or spokesperson nominated by the ‘leader’ if the ‘leader’ is not present) within the terms agreed on the contract will result in an automatic late payment administration fee of £25 being charged to the ‘engager’, payable to the ‘leader’ within 14 days of the date of performance. Where the outstanding balance has not been paid within 14 days, this amount may be sought via legal process or referred to a recovery company and interest will be added to the outstanding balance at the appropriate rate.

Changes on the day

Where possible, changes to the contract schedule which are unavoidable on the day of the event should be agreed between the ‘engager’ and the ‘leader’ (or spokesperson nominated by the ‘leader’ if the ‘leader’ is not present) 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 ‘engager’ and the ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) on the day of the event are agreed to incur additional costs to the ‘engager’, these costs will be paid in full on the date of the event in addition to the outstanding balance.

Performance schedule changes

In the event of a delay in performance start time, due to the ‘engager’ 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 a minimum of 30 minutes for any break) would then take the finish time more than 10 minutes past the contracted finish time, then the ‘leader’ has the right to reduce performance time to finish at the contracted time. The ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) and ‘engager’ should negotiate this possibility if it occurs, but the band has no obligation to perform past their contracted finish time if the venue or ‘engager’ 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, the standard ‘late finish’ fee will be charged unless otherwise agreed between the ‘engager’ and the ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) on the day of the event. The ‘late finish’ fee is charged at Musicians Union standard rates. If a late finish is mutually agreed, it is the responsibility of the ‘engager’ to ensure that the venue has a licence suitable for the performance of the band after the contracted finish time. The ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) 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), the standard ‘extended performance’ fee will be charged unless otherwise agreed between the ‘engager’ and the ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) on the day of the event. The ‘extended performance’ rates should be mutually agreed by the ‘leader’ and the ‘engager’ and should be assumed to be pro-rata unless otherwise specified. The ‘leader’ (or nominated spokesperson if the ‘leader’ is not present) has the right to refuse to extend their performance times without penalty.

‘Band’ requirements

Please refer to the separate band requirements document for all necessary information. This document forms an integral part of this contract and any deviation from these requirements may be considered breach of contract unless alternative arrangements are agreed otherwise.

Early set-up

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 ‘leader’ and the ‘engager’ 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 after the contract has been completed and signed, 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 ‘engager’

This cancellation procedure applies to any confirmed booking whether confirmed verbally, electronically (i.e. email) or in writing. Non-signature of this contract is not sufficient to cancel this agreement. Any cancellation by the ‘engager’ or the ‘leader’ must be notified to the other party in writing. Please refer to the section titled ‘Changes to the contract’ of these terms, outlining that any changes to the contract must be mutually agreed 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 ‘engager’ wishes to cancel the booking, the ‘engager’ agrees to inform the ‘leader’ immediately. A cancellation fee will be due in all cases, payable by the ‘engager’ to the ‘leader’ within 7 days of notice. The date of cancellation will determine the amount of cancellation fee due. Notice of cancellation received more than 90 days prior to the event will incur a cancellation fee of 50% of the total contracted fee. Notice of cancellation between 30 to 90 days prior to the event will incur a cancellation fee of 75% of the total contracted fee. Notice of cancellation within 30 days of the event will incur a cancellation fee of 100% of the total contracted fee.

Use of alternative (‘dep’ or ‘deputy’) musicians

The ‘leader’ will perform using the instrumentation of the ‘band’ as advertised to the ‘engager’ unless the need arises to use an alternative (‘dep’) musician, due to unforeseen circumstances. The ‘leader’ 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. The ‘leader’, unless explicitly stated, may not be present at the contracted performance.

Force Majeure

In the case of any situation arising on or before the event date which renders the agreement impossible to fulfil, which is not attributable to any act or failure to take preventive action by the ‘leader’ or ‘engager’, then the ‘leader’ or ‘engager’ may cancel the performance without penalty other than loss of any deposit already paid.

Complaints

In the event of a dispute or complaint from either party, the issue must be put in writing within 30 days. Third party statements should be obtained where possible to back up any claim. If the matter cannot be resolved or an agreement reached, then both parties should seek legal advice. Payment must not be withheld from the ‘leader’ as late payment fees may be applicable.