Terms and Conditions

This page (together with the documents referred to on it) sets out the terms on which you may make use of our website www.idomusic.co.uk ("our site") whether as a guest or as a registered user.

Please read these terms of use carefully before you use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must stop using our site immediately.

Information about us

The site is owned by Idomusic Limited, a company registered in England and Wales with registration number 7241690. Our registered office address is The Grange House, Stobhill, Morpeth, NE61 6JZ.

Accessing our site

Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice. Whilst every effort is made to keep our site up and running, we will not be liable if for any reason all or any part of our site is unavailable at any time or for any period including the availability of any of the site features, databases or content.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password (whether chosen by you or allocated by us) and deny you access to our site at any time if in our opinion you have failed to comply with any of the provisions of these terms of use or for any other reason.

You are responsible for making all arrangements necessary for you to have access to the site. It is your responsibility to ensure that you have adequate anti-virus and firewall software installed on the computer that you are using to access our site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use and that they comply with them.

Content

The content of the various pages contained on our site are for general information purposes only and do not constitute professional advice or price quotes on which reliance should be placed. Idomusic Limited does not accept any responsibility for any loss which may arise from accessing or reliance on information contained on our site.

Whilst we endeavour to ensure that the information on our site is correct, we give no warranty as to the accuracy, completeness or security of the material on our site.

We may make changes to the material on our site at any time without notice. The material on our site may be out of date and we make no commitment to update such material.

Unless otherwise stated, the copyright and all other intellectual property rights in all material on our site (including without limitation text, music, sound, photographs, graphical images, video, page layout and design, names, logos, trade marks and service marks) are owned by Idomusic Limited or its licensor. You agree that you will not copy, reproduce, republish, modify, upload, transmit, sell, lease, loan, license, sub-license or distribute any material by any means or in any manner on or downloaded from our site without our prior written consent, other than one copy for your own personal use. No framing, harvesting, "scraping" or other manipulation of the content of our site is permitted.

Conduct and content standards

Any material you transmit or post to our site shall be considered non-confidential and non- proprietary. We shall have no obligation with respect to any such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from our site any material:

  • that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to insight racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, promotes violence, is likely to embarrass, alarm, harass, upset or annoy another person or which may cause annoyance or inconvenience;
  • for which you have not obtained all necessary licenses and/or approval;
  • which constitutes or encourages conduct that is considered a criminal offence, gives rise to civil liability or is otherwise contrary to the law or infringes the rights of any third party in any country in the world; or
  • which is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, denial-of-service attack or distributed denial- of-service attack, corrupt data or any other malicious software or harmful data.

We may from time to time provide interactive services on our site, including, without limitation:

  • chat rooms;
  • bulletin boards; and
  • feedback boards.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what type of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our conduct and content standards, whether the service is moderated or not.

We will determine, in our discretion, whether there has been a breach of our conduct and content standards. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with our conduct and content standards constitutes a material breach of the terms of use upon which you are permitted to use our site and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • the commencement of legal action against you;
  • the disclosure of information to law enforcement authorities as we feel is reasonably necessary.

Links to and from other websites

Links to third party websites on our site are provided solely for your convenience. We have not reviewed all of these third party websites and do not control and are not responsible for those websites or their content or availability. We do not endorse or make any representations about external websites or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to on our site, you do so entirely at your own risk.

If you would like to link to our site, you may only do so on the basis that you link to, but do not replicate, the home page of our site, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of any of our logos;
  • you do not create a frame or any other browser or border environment around our site;
  • you do not in any way imply that we are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with Idomusic Limited and do not present any other source of information about us;
  • you do not use any trade marks displayed on the site without our express written permission;
  • you do not link from any website that is not owned by you; and
  • your website does not contain content is that distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, firm or company or otherwise does not comply with all applicable laws and/or regulations.

We expressly reserve the right to revoke the right to link to our site granted above for breach of these terms of use or for any other reason and to take any action we deem appropriate.

Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • all conditions, warranties or other terms which might otherwise be implied by statute or common law;
  • any liabilities for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or connection with the use, inability to use or results of the use of the site, any websites linked to it and any materials posted on it, including loss of income and revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data and loss of goodwill.
  • This does not affect our liability for death and personal injury arising from our negligence nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

Privacy

We will process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Variation

We may at our sole discretion vary, amend or revise these terms of use (or any part thereof) at any time by updating this posting.

Governing Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.

 

Terms of Engagement


1. DEFINITIONS AND INTERPRETATION


1.1 In these terms, the following expressions shall have the following meanings unless
inconsistent with the context:
"Agent" Idomusic Limited incorporated and
registered in England with company
number 7241690 and whose registered
office address is at The Grange House,
Stobhill, Morpeth, NE61 6JZ;
"Booking" a booking made by the Client for the
performance of the Artist at the Client's
Event;
"Client" the person who makes the Booking;
"Confidential Information"
all information in respect of the business
and financing of the Agent including any
ideas, business methods, finances, prices,
business, financial, marketing,
development, customer lists or details,
employee data, computer systems and
software, know-how and other matters
consecutive with the products or services
marketed, provided or obtained by the
Agent and information concerning the
Agent's relationships with actual or
potential customers and the needs and
requirements of such persons, whether in
oral, documentary, electronic or other
forms;
"Deposit" the deposit paid by the Client when making
a Booking calculated in accordance with
Clause 7.1;
"Event" weddings, wedding receptions or similar;
"Fees" the booking fees to be paid by the Client to
the Artist; and
"Force Majeure Event" any acts, events, omissions or accidents
beyond the person's reasonable control
including (but not limited to) acts of God
(including fire, flood, windstorm or other
natural disaster), war, threat of or
preparation for war, armed conflict, terrorist
attack, civil war, civil commotion or riots,
Macintosh HD:Users:stevedolder:Desktop:Terms of Engagement.doc
nuclear, chemical or biological
contamination, compliance with any law or
governmental order, rule, regulation or
direction, explosion, loss at sea, illness
certified by a doctor’s note, extreme
adverse weather conditions, collapse of
building structures, failure of plant
machinery, computers or vehicles, any
labour dispute, non-performance by
suppliers or sub-contractors and
interruption or failure of utility service.
1.2 In these terms, unless otherwise specified:
1.2.1 references to Clauses and Schedules are to clauses of and schedules to these
terms and references to “these terms” shall be taken to refer to these terms and
all schedules to it; and
1.2.2 references to any gender shall include all genders and references to the singular
shall include the plural and vice versa and references to “persons” shall include
individuals, bodies corporate, unincorporated associations, professions,
businesses and partnerships.
1.3 The headings in these terms are inserted only for convenience and shall not affect its
construction.
1.4 References to any statute or any statutory provision will be construed as references to
the statute or statutory provision as in force at the date of these terms and as
subsequently re-enacted or consolidated.


2. APPOINTMENT
The Artist hereby appoints the Agent as its booking agent in accordance with Clause 3
and the Agent accepts the appointment on these terms.


3. AGENT'S OBLIGATIONS
3.1 The Agent agrees to:
3.1.1 promote and market the Artist as a performer at Events on its website; and
3.1.2 notify the Artist as soon as practicable of any Bookings.
3.2 The Agent agrees to perform the services set out in Clause 3.1:
3.2.1 with all reasonable care, skill and attention; and
3.2.2 in an efficient and professional manner.
3.3 In the event that a Client makes a complaint in respect of the Artist or the Booking, the
Agent shall refer the complaint to the Artist for such investigation and action as the Artist
may determine necessary.
3.4 Where the Agent is required to investigate a complaint made by a Client, the Artist shall
reimburse the Agent's reasonable fees for time and travel incurred as a consequence of
the investigation.


4. THE ARTIST’S OBLIGATIONS
4.1 The Artist shall:
4.1.1 provide the Agent with all information relating to the Artist, the Artist’s contact
details, the Artist’s performance details, the Artist’s performance schedule, the
Artist’s equipment and instruments and all other information which the Agent may
reasonably request from time to time;
4.1.2 provide the Agent with details of any period of time during which the Artist will not
be available for Bookings as soon as the Artist becomes aware of such
unavailability or the possibility of such unavailability;
4.1.3 on or as soon as practicable (and in any event within 12 hours) after receiving an
enquiry from the Agent as to the Artist’s availability for an Event, provide the
Agent with written confirmation of availability or lack of availability (as
appropriate);
4.1.4 as soon as practicable after confirming availability for an Event, provide the Agent
with the Artist’s rider for the Event and any other information which is relevant to
the Booking;
4.1.5 immediately notify the Agent in writing of any change, alteration, modification,
amendment or variation to:
(a) the scheduled performance including any change to equipment and/or
instruments;
(b) the performers which make up the Artist;
(c) the Artist’s rider supplied to the Agent in accordance with Clause 4.1.4;
and
(d) any other information relayed to the Agent in respect of the Booking
under Clause 4.1.4;
4.1.6 ensure that the Agent has the correct mobile telephone number for the lead
performer for the Artist and, where the Artist is made up of two or more
performers, the correct mobile telephone number of at least one other performer;
4.1.7 communicate regularly with the Agent, particularly when travelling to and from a
booked Event; and
4.1.8 regularly and at the Agent’s request update the performance diary provided by
the Agent.
4.2 The Agent shall use the information provided by the Artist to advertise, market and
promote the Artist in its marketing materials. It is the responsibility of the Artist to provide
the Agent with the correct information.
4.3 The Agent shall be under no obligation to verify that the information provided by the
Artist is correct. The Artist shall be liable for any direct or indirect loss caused to the
Agent as a result of the information it provides being incorrect in any way.
4.4 The Artist undertakes to:
4.4.1 carry out its duties and fully observe and comply with such directions or
requirements as are consistent with these terms and the terms of its engagement
with the Client;
4.4.2 provide a performance that is to the best of its ability and which fully reflects the
Artist’s advertised performances as shown to the Agent and the Client by way of
(without limitation) the Artist’s recordings, promotional materials, profiles,
pictures, videos and web page;
4.4.3 be polite and courteous to the Client, the Client’s guests and all venue staff and
contractors;
4.4.4 provide all the equipment required to undertake to booked performance, unless
the Client has agreed to source the equipment itself or from a third party supplier;
4.4.5 refrain from excessive drinking before, during and after the performance and any
illegal drug use or other activity which might affect the Artist’s performance or
behaviour in any way;
4.4.6 refrain from smoking or parking any vehicle in any restricted area or as requested
by the venue or the Client;
4.4.7 refrain from engaging in any conduct which may be deemed to be anti-social,
illegal, threatening, aggressive or which reflects or is likely to reflect badly upon
the Artist, the Agent, the venue and/or the Client;
4.4.8 refrain from doing or permitting any acts or performance which will or may involve
any risk, damage or injury to the public or to the performance venue, its fixtures,
fittings and contents; and
4.4.9 be suitably and tidily dressed during their performance except with the express
written consent of the Client or where wearing certain attire is deemed to be a
necessary element of its act.
4.5 The Artist is not employed by the Agent and is responsible for its own accounting and
payment of income tax, value added tax and National Insurance contributions or similar.
4.6 It is the Artist’s responsibility to ensure that any equipment and/or instruments are in
good and safe working order and to obtain all necessary insurance protection for any
such equipment and/or instruments.
4.7 The Artist agrees to:
4.7.1 act in good faith towards the Agent;
4.7.2 provide such support and assistance to the Agent in the marketing and promotion
of the Artist as the Agent may reasonably require; and
4.7.3 comply fully with all applicable legislation, rules and regulations relating to the
Booking.
4.8 The Artist grants the Agency the right to use and reproduce (and to authorise others to
do likewise) photographs and reproductions of its physical likeness and recordings of its
performances and its name(s) and biography for and in connection with the advertising
and publicising of the Artist for Events in such manner and such media and for any other
purpose which the Agency may reasonably require.
4.9 The Agent shall have the right to use, alter, adapt, change, revise, delete from, add to
and/or rearrange the whole or any part of the photographs, recordings and biographies
provided by the Artist.


5. CANCELLATION BY THE ARTIST
5.1 If the Artist needs to cancel a Booking for any reason, it must inform the Agent in writing
immediately. The Agent will inform the Client of the cancellation.
5.2 In the event that the Artist cancels a Booking (except in the case of a Force Majeure
Event):
5.2.1 the Artist will be liable to reimburse the Client any Fees paid in advance; and
5.2.2 the Artist will be liable to pay the Agent a sum equal to the Deposit paid by the
Client and any sum, loss, damage, cost, fees, expenses and any other liabilities
suffered by the Agent as a consequence of the Artist’s cancellation of a Booking.


6. CANCELLATION BY THE CLIENT
In the event that the Client cancels a Booking the Agent shall inform the Artist, or if the
Client informs the Artist first, the Artist will inform the Agent as soon as practicable.
7. DEPOSIT AND FEES
7.1 When the Client makes a Booking it is liable to pay the Agent a deposit which shall be a
sum equal to 20% of the total Fees due for the Booking. The Agent shall be entitled to
retain any such Deposit.
7.2 Unless otherwise agreed in writing, the Artist shall be entitled to retain any Fees payable
by the Client. The Artist shall be responsible for recovering any Fees due and the Agent
shall not have any liability for the failure of the Client to pay all (or part of) the Fees.
7.3 The Agent shall not be responsible for the payment of any expenses incurred by the
Artist in relation to the Booking.


8. TERMINATION
8.1 The Agent shall be entitled to cease promoting the Artist and making any Bookings on
behalf of the Artist if:
8.1.1 the Artist commits a material breach of these terms;
8.1.2 the performers making up the Artist or the scope of the Artist’s performance
changes in any way; or
8.1.3 the Artist acts in any way which might bring the Artist or Agent into disrepute or
have a negative effect on the public’s perception of the Artist or the Agent or the
Agent's business.


9. LIMITATION OF LIABILITY
9.1 The Artist shall hold harmless and indemnify the Agent on demand from and against any
and all claims, demands, proceedings, actions, damages, costs (including legal costs),
expenses and any other liabilities arising from any claims made by the Agent, its
employees, sub-contractors and agents and any third parties in respect of:
9.1.1 death or personal injury;
9.1.2 loss or destruction of or damage to property;
9.1.3 any other loss, destruction or damage, including but not limited to financial
losses,
which is caused, whether directly or indirectly, by any breach of contract or breach of
duty (whether in negligence, tort, statute or otherwise) of the Artist, its employees, subcontractors
or agents or as a consequence of the Agent performance or nonperformance
at the Event.
9.2 The Agent shall not be liable for any loss of profits, business opportunity, goodwill and
any other indirect or consequential loss arising out of these terms.
9.3 Save for liability for death or personal injury caused by the negligence of the Agent, its
employees, agents and sub-contractors, which is unlimited, the Agent’s entire liability
under the Contract shall be limited to the Deposit due to the Agent for the Booking in
relation to which the liability arose.


10. INSURANCE
10.1 The Artist shall effect with a reputable insurance company a policy or policies of
insurance providing an adequate level of cover in respect of all risks which may be
incurred by the Artist as a result of these terms, which in any event shall include public
liability insurance of no less than £5,000,000 for any one incident.
10.2 The Artist shall on request supply the Agent with a copy of the policy or policies, together
with written evidence that the premiums have been paid.


11. CONFIDENTIALITY
11.1 Both parties shall keep in strict confidence and shall not disclose any Confidential
Information disclosed by one party to the other, its employees, agents, consultants or
sub-contractors without the prior written consent of the other.
11.2 The Agent may disclose such Confidential Information to its employees, agents, clients,
contractors and consultants who need to know such information for the purposes of
carrying out its obligations under this Agreement. The Agent shall ensure that its
employees to whom it discloses the Confidential Information are subject to the same
obligations of confidence as the Agent in respect of the Confidential Information.
11.3 The obligations contained in this Clause 11 shall not apply or shall cease to apply to
such part of the Confidential Information as either party can show to the satisfaction of
the other:
11.3.1 has become public knowledge other than through the fault of the receiving party
to whom it has been disclosed in accordance with Clause 11.1 above;
11.3.2 was already in the possession of the receiving party prior to disclosure to it by the
disclosing party;
11.3.3 have been received from a third party who neither acquired it in confidence from
the disclosing party nor owed the disclosing party a duty of confidence in respect
of it; or
11.3.4 was independently developed by the receiving party without access to the
Confidential Information.


12. ASSIGNMENT AND SUB-CONTRACTING
Neither party may assign or sub-contract all or any part of any benefit of or interest, right
or licence in or arising out of these terms without the prior written consent of the other
party such consent not to be unreasonably withheld or delayed and provided that the
assignee undertakes in writing the other party to be bound by the obligations of the
assignor under these terms.


13. FURTHER ASSURANCE
Each party shall and shall use all reasonable endeavours to procure that any necessary
third party shall promptly execute and deliver such documents and perform such acts as
may reasonably be required for the purpose of giving full effect to these terms.


14. RIGHTS OF THIRD PARTIES
Any person who is not a party to these terms shall not have any rights under or in
connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.


15. NOTICES
Any notice to be given under these terms may be delivered personally or sent by prepaid
first class post to the other party at the address given by that party or such other address
as may be notified in accordance with this Clause 16 from time to time. Any notice so
sent shall be deemed to have been duly given if sent by personal delivery upon delivery
at the address of the relevant party, if sent by prepaid airmail four days after the date of
posting and if sent by facsimile upon confirmation of transmission.


16. VARIATION
No amendment to these terms shall be valid and binding unless made in writing and
signed by an authorised representative of each party.


17. SEVERABILITY
In the event that any of these terms, conditions or provisions or those of any schedule
hereto are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent such term, condition or provision will to that extent be
severed from the remaining terms, conditions or provisions which will continue to be
valid to the fullest extent permitted by law.


18. WAIVER
Failure of either party to enforce or exercise, at any time or for any period, any of these
terms, does not constitute, and shall not be construed as, a waiver of such term and
shall not affect the right later to enforce such term or any other term herein contained.


19. ENTIRE AGREEMENT
The terms constitute the entire agreement and understanding between the parties with
respect to the subject matter hereof and supersedes any prior agreement, understanding
or arrangement between the parties, whether oral or in writing. No representation,
undertaking or promise shall be taken to have been given or be implied from anything
said or written in negotiations between the parties prior to these terms.


20. RELATIONSHIP
Nothing contained in these terms shall create the relationship of employer and employee
between the Artist and the Agent.


21. GOVERNING LAW
These terms and any dispute or claim arising out of or in connection with it or its subject
matter shall be governed by and construed in accordance with English law. The parties
irrevocably agree that the courts of England are to have exclusive jurisdiction to settle
any questions or disputes which may arise out of or in connection with these terms or its
subject matter or formation.

 

Terms of booking


Idomusic Limited ("the Agent") acts as the booking agent on behalf of the bands and artists shown on its
website ("the Artist"). All bookings are made by the Agent on behalf of the Artist and the contractual
relationship in connection with the booking will be between the person making the booking ("you") and the
Artist. The Agent shall not have any liability to you in respect of the booking, the performance or
non-performance of the Artist and any other matter in connection with the booking.


1. CONFIRMATION OF BOOKING
1.1 Any booking, whether confirmed verbally, electronically, in writing or otherwise by the Agent, is subject to these
terms and conditions of booking ("Conditions").
1.2 No booking shall be deemed to have been accepted unless and until the Agent confirms acceptance of that
booking and you have paid the deposit in accordance with Clause 3.
1.3 These Conditions shall prevail over any inconsistent terms and conditions, contained, or referred to, in any
purchase order, confirmation of order, acceptance of a quotation or specification or any other document supplied
by you or implied by trade custom, practice or course of dealing.


2. CHANGES
2.1 If, at any time, you require a change to the booking you must contact the Agent in writing immediately. All
changes to the booking must be agreed in writing with the Agent in advance of the date of your event.
2.2 If, in the reasonable opinion of the Agent, your requested change cannot be accommodated the booking will be
terminated without any liability to you.
2.3 The Agent reserves the right to increase the amount of the deposit and/or booking fees payable in order to
accommodate a requested change.


3. DEPOSIT
3.1 When you make the booking, you must pay a deposit to the Agent which will be a sum equal to 20% of the total
booking fee payable.
3.2 The deposit is non-refundable except in the circumstances listed in Clause 7.4 and Clause 12.


4. FEES
4.1 Unless otherwise agreed in writing, the balance of the total booking fee payable must be paid to the Artist either
by cheque no later than 7 working days prior to the date of your event or by cash on the date of your event.
4.2 If you have agreed to pay the balance of the total booking fee by cheque and that payment has not been received
by the Artist 7 working days prior to the date of your event, the Artist reserves the right to cancel the booking,
without any liability to you and any fees and deposit that you have previously paid in relation to the booking shall
be non-refundable.


5. EXPENSES
You agree to pay the reasonable expenses incurred by the Artist including but not limited to expenses incurred in
relation to food, rehearsal time and accommodation. Details of such expenses will be provided to you in the
booking form you receive from the Agent and will form part of the booking fee.


6. YOUR OBLIGATIONS
6.1 The Artist may have a "rider" which contains the Artist’s requirements for (without limitation) food,
accommodation, dressing room and technical specifications for the event. You will be informed of these
requirements within a reasonable period after making your booking. The â€oerider― forms an integral part of
your contract with the Artist and must be provided by you at your own expense.
6.2 You must ensure that the performance venue:
6.2.1 is a safe performance venue for the Artist;
6.2.2 is able to provide a safe source of power (for non-acoustic acts);
6.2.3 is able to accommodate the performance of the Artist;
6.2.4 possesses all applicable licences and other regulatory requirements necessary for the Artist’s
performance;
6.2.5 has adequate parking facilities for the Artist; and
6.2.6 has an adequate area for the Artist to change in and to store equipment and instruments and to perform
in.
6.3 It is your responsibility to investigate the performance venue thoroughly prior to making any booking and you must
provide the Agent with all any relevant information about the venue when making the booking and on request.
6.4 Any equipment and instruments of the Artist are not available for use by any other performers or persons except
with the express permission of the Artist. You will be liable for any damage to or destruction of the Artist’s
equipment and/or instruments unless that damage or destruction was caused by or due to the Artist’s
negligent act or omission.
6.5 If no parking or inadequate parking is available at the performance venue, you agree to pay for any parking
expenses incurred by the Artist. Any such sums shall be payable on the date of your event in addition to the
outstanding booking fee due.
6.6 It is your duty to ensure that the Artist is provide with adequate refreshment throughout their time at the
performance venue.
6.7 If the Artist is subjected to aggressive, abusive, demeaning, threatening or otherwise unpleasant behaviour then
the Artist shall be permitted to terminate the performance without any liability to you. In these circumstances, you
shall remain liable for the payment of the booking fee.


7. CANCELLATION
7.1 If you want to cancel your booking, you must inform the Agent immediately in writing. The Agent will then inform
the Artist of the cancellation.
7.2 If you cancel the booking for any reason, the deposit shall be non-refundable and, unless the Artist can find an
alternative booking for the date on which your event would have taken place, you shall remain liable to pay the
booking fee due within 7 working days of the date of cancellation.
7.3 If you cancel and the Artist finds an alternative booking for the date on which your event was due to have taken
place but the fees for that alternative booking are lower than the fees the Artist would have received if your
booking had not been cancelled, you shall be liable to pay to the Artist the difference between the amount
received for the alternative booking and the amount that the Artist would have received if your booking had gone
ahead.
7.4 In the event that the Artist is unable to perform at your event, in the first instance the Agent will endeavour to find
a suitable replacement artist. If the Agent cannot find a suitable replacement artist or you do not wish to engage
the replacement artist to perform at your event, the Agent will refund any deposit and any booking fee already
paid in advance within a reasonable period of time.
7.5 No deposit or booking fee shall be refunded if the reason for the cancellation of the booking by the Artist is due to
venue restrictions, venue health and safety issues or any Force Majeure Event. "Force Majeure Event" shall mean
any acts, events, omissions or accidents beyond the Artist’s reasonable control including (but not limited to)
acts of God (including fire, flood, windstorm or other natural disaster), war, threat of or preparation for war, armed
conflict, terrorist attack, civil war, civil commotion or riots, nuclear, chemical or biological contamination,
compliance with any law or governmental order, rule, regulation or direction, explosion, loss at sea, extreme
adverse weather conditions, any illness certified by a doctor’s note, collapse of building structures, failure of
plant machinery, computers or vehicles, any labour dispute, non-performance by suppliers or sub-contractors and
interruption or failure of utility service.


8. LATE PAYMENT
8.1 Failure to pay any sums due under these Conditions will result in interest being charged on the balance due.
Interest will be charged at the annual rate of 3% above the base lending rate of Barclays Banks plc accruing on a
daily basis and being compounded quarterly until payment is made, whether before or after judgment.
8.2 All sums due under these Conditions shall be paid by you to the Agent and the Artist (as applicable) in full without
any deduction or withholding (other than any deduction or withholding of tax as required by law, and you shall not
be entitled to claim set-off or to counterclaim against the Agent or the Artist (as applicable) in relation to the
payment of the whole or part of any such sum(s).


9. LATE PAYMENT
All complaints must be made in writing to the Agent no more than 14 days after the date of your event. The Agent
shall contact the Artist to discuss the complaint. Whilst the Agent shall not be responsible for any act or omission
of the Artist, it shall endeavour to act as a mediator between the parties.


10. DELAYED EVENTS AND LATE FINISHES
10.1 If, due to the late running of your event or any alterations to your event schedule, the Artist is not able to perform
their full scheduled performance time, you agree that there will be no reduction in the booking fees due.
10.2 If your event runs late and the Artist agrees to finish later than their scheduled performance time, then you will be
liable to pay a late finish fee of 10% of the total booking fees due per ½ hour overrun, payable on the date of
your event to the Artist in cash or by cheque.
10.3 Notwithstanding the above, the Artist has the right to refuse to finish later than the scheduled finish time without
liability to you.

11. SOUND LIMITERS AND VOLUME
11.1 The adjustment of the volume and sound level of any equipment by the Artist shall be as you reasonably require.
However, the Artist cannot guarantee that the quality of their performance will be not reduced or altered in any
way should the volume or sound level be adjusted as requested.
11.2 You agree that the Artist shall not be responsible for any non-performance or reduction in quality of performance
in circumstances where a sound limiter is set so low that live music performance is not possible or impeded.


12. DISTANCE SELLING
12.1 If you are contracting as a consumer, you may cancel your booking in writing at any time within seven working
days, beginning on the day you make the booking. In this case, you will receive a refund of any deposit paid.
12.2 Please note that you do not have the right to cancel once the services to be provided to you under your booking
have begun.

This page was last updated on: 3 April 2013

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