Hire the Band

Terms and Conditions

 

1. Definitions

All definitions refer to both the entertainment contract and this terms & conditions document. An agreement was made on the date shown in ‘the agreement’ between ‘the engager’ of the one part and ‘the band organiser’ of the other part. The ‘engager’ engages the ‘band organiser’ to provide the combination of musicians (‘the band’) outlined in ‘the performance’, appearing as ‘STARDUST BIG BAND’ 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’.

2. The Booking Process

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

3. 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 band organiser.

4. Payment of fees

The agreed booking deposit outlined on the contract (30% of total fee unless otherwise specified; non-refundable) and signed contracts are due strictly within 7 days of issue. The balance (70% of total fee) is payable to the ‘band organiser’ (or other person nominated by the ‘band organiser’) within seven days of the performance. All payments are payable in cash, building society counter cheque or bank transfer (BACS). Personal cheques can be accepted if received ten days prior to the performance.

5. Expenses

All quotes for performance by the ‘band organiser’ will be inclusive of travel expenses and interval music services unless otherwise specified. If any additional expenses will be incurred (such as taxis, food, rehearsal time, hotels, flights, parking etc (see section 9.3)) than those originally agreed 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 on the date of performance in order to meet with the criteria specified in the entertainment contract or these terms & conditions then the ‘engager’ agrees to reimburse all expenses to the ‘band organiser’ (or spokesperson nominated by the ‘band organiser’ if the ‘band organiser’ is not present) on the date of performance in addition to the outstanding balance.

6. 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 ‘band organiser’ reserves the right to re-engage the band on other engagements. The ‘band organiser’ will inform the ‘engager’ of this intention.

7. Late payment of balance

Failure by the ‘engager’ to pay the ‘band organiser’ (or spokesperson nominated by the ‘band organiser’ if the ‘band organiser’ 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 ‘band organiser’ 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.

8. 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 ‘band organiser’ (or spokesperson nominated by the ‘band organiser’ if the ‘band organiser’ is not present) prior to performance. Any changes will be subject to these terms and conditions. If changes negotiated between the ‘engager’ and the ‘band organiser’ (or nominated spokesperson if the ‘band organiser’ 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.

8.1 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 15 minutes past the contracted finish time, then the ‘band organiser’ has the right to reduce performance time to finish at the contracted time. The ‘band organiser’ (or nominated spokesperson if the ‘band organiser’ 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, 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.

8.2 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 75 minute set), the following standard ‘extended performance’ fee will be charged unless otherwise agreed between the ‘engager’ and the ‘band organiser’ (or nominated spokesperson if the ‘band organiser’ is not present) on the day of the event.

  • 10% of the total balance per 30 minutes extended, payable by the ‘engager’ by way of cash or cheque on the day of the event

The ‘band organiser’ (or nominated spokesperson if the ‘band organiser’ is not present) has the right to refuse to extend their performance times without penalty.

9. ‘Band’ requirements

9.1 Power

It is the responsibility of the ‘engager’ to ensure that a safe source of power is provided, and that all local authority regulations are adhered to. It is the responsibility of the ‘engager’ to provide sufficient power outlets (minimum 2 x 13 Amp sockets capable of supporting a 1.4kW draw) for the ‘band’ and their equipment. It is the responsibility of the ‘band organiser’ to inform the ‘engager’ of any additional power requirements, and to provide PAT testing certificates for all equipment owned by the ‘band organiser’.

9.2 Equipment

The ‘band organiser’ must ensure that all equipment provided meets the statutory health and safety requirements. The ‘engager’ accepts full responsibility for any damage or injury caused to the ‘band’ or their equipment due to the fault of the venue or ‘engager’s’ guests / customers.

9.3 Parking

It is the responsibility of the ‘engager’ to ensure that there are sufficient parking facilities for the ‘band’. If no legal parking is available where the ‘band’ is to unload at the venue, or park once unloaded, within 1 mile of the venue, the ‘engager’ agrees to pay any parking expenses, including parking meters, car parking fees and cost of taxis if required. These expenses are agreed to be paid for by the ‘engager’ in cash on the day of the event, in addition to the total outstanding balance. The ‘band’ will endeavour to keep any parking expenses to a minimum.

9.4 Refreshments

It is the responsibility of the ‘engager’ to ensure that there are adequate refreshments for all members in the ‘band’. The MINIMUM requirements are:

  1. FREE unlimited supply of mineral water & soft drinks for the duration of the ‘band’s stay at the performance venue.
  2. Additional refreshments to be agreed between the ‘band organiser’ and the ‘engager’ on an individual basis.

These refreshments form an integral part of this contract and must be provided by the ‘engager’ at their own expense. If the specified refreshments are not provided then this will be considered a breach of this contract.

9.5 Storage / changing area

It is the responsibility of the ‘engager’ to ensure that there is a suitable room/secure space at the venue for the ‘band’ to change in and store instrument cases and equipment during performance. This room should be secure (lockable). A key is to be provided and held by the ‘band organiser’ (or nominated spokesperson if the ‘band organiser’ is not present). The ‘band’s equipment is likely to be very expensive and insured against theft ONLY whilst stored in a locked room. The ‘engager’ should discuss this matter with the ‘band organiser’ prior to the event.

9.6 Venue constraints

It is the responsibility of the ‘engager’ to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, including any live music licences. Other considerations, such as noise limitations, should be mutually agreed between the ‘engager’ and ‘band organiser’ prior to booking. Any relevant information should be disclosed to the ‘band organiser’ prior to booking confirmation.

9.7 Staging Area

It is the responsibility of the ‘engager’ to ensure that a suitable staging area is provided. This should ideally be a raised stage to distinguish the staging area from the dancing/seating area. The stage size should be a MINIMUM of 3 meters deep and a MINIMUM of 6 meters wide for the full band. Other band line-ups may require different stage sizes so this should be mutually agreed before the booking is confirmed.

10. Early set-up

Usual set-up times for the ‘band’ at an event is 60 minutes prior to the event start time (i.e. 19:00 arrival for a 20:00 start), and this time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘band’ is required to arrive at the venue earlier than this, possibly due to venue limitations or logistical issues, an additional early set-up fee will be charged as this can add significant additional time onto the ‘band’s working day. The following fees are applicable unless otherwise stated:

  • £100 per hour (or part hour) if the band (any size) is required to arrive early, set up and sound check. This fee is agreed to be payable by the ‘engager’ in addition to the total cost of the event.
  • £70 per hour (or part hour) if only the PA system & rhythm section (Keyboard player, guitarist, bass player and drummer & their equipment) is required to arrive early (no sound check possible as whole band not present). This fee is agreed to be payable by the ‘engager’ in addition to the total cost of the event.

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.

11. Cancellation by the ‘engager’

This cancellation procedure applies to verbal and electronic confirmation of bookings as well as written confirmation, and non-signature of this contract is not sufficient to cancel this agreement. Any cancellation by the ‘engager’ or the ‘band organiser’ must be notified in writing. Please refer to section 3 (Changes to the contract) of these terms and conditions, outlining that any changes to the contract must be mutually agreed in writing. All deposits are non-refundable. In the event that the ‘engager’ wishes to cancel the booking, the ‘engager’ agrees to inform the ‘band organiser’ immediately. The ‘band organiser’ will attempt to re-engage the ‘band’ for the date of performance, but depending on the notice period given by the ‘engager’ this may not be possible. The notice period given for cancellation, and hence the ability to re-engage the ‘band’ for this date, will have an impact on the cancellation fee required. The cancellation fee required in order to release the ‘engager’ from this contract will be:

  • 3 months before the event:  20% of the total amount due
  • 2 months before the event:   30% of the total amount due
  • 1 month before the event:    40% of the total amount due
  • 14 days or less before the event: 60% of the total amount due

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

The ‘band organiser’ 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 ‘band organiser’ 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 a ‘dep’ musician does not constitute grounds for cancellation. The ‘band organiser’, unless explicitly stated, may or may not be present at the contracted performance.

13. 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 ‘band organiser’ or ‘engager’, then the ‘band organiser’ or ‘engager’ may cancel the performance without penalty other than loss of any deposit already paid.

14. 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 ‘band organiser’ as late payment fees may be applicable. Please refer to section 3 of these terms & conditions.