Terms And Conditions
Planning a dream event shouldn't feel like a nightmare. That's where Book My Wedding Band comes in. We take the stress out of finding phenomenal entertainment for your wedding, party, or corporate event.
Make it magical! We'll find the perfect band, DJ, or whatever entertainment ignites your event and keeps the party going! We'll handle all the tedious contacting, quote-collecting, and contract-checking, so you can focus on the fun parts of planning.
Here's the best part: you don't pay a dime until you're ready to book. Once you find the perfect entertainment option and we secure the booking with a clear contract, there's just a one-time deposit. Then, you pay the entertainer directly for their services. Simple and stress-free!
Ready to ditch the event planning headaches? Let us help you create an unforgettable occasion filled with fantastic entertainment!
Booking Agreement Terms & Conditions
Introduction
A. This Booking Agreement is issued and negotiated by the Agent and is made between the Artist and the Client. In this respect the Agent issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.
B. The Artist and the Client confirm their agreement to the terms set out herein including the Special Provisions above, General Provisions below, and any appendices. These comprise the principal terms. If any further terms or changes are agreed, these shall be agreed in writing and the Agent shall be notified in writing.
C. It is understood and mutually agreed that the Client engages the Artist to provide the entertainment generally described as the “Performance” listed herein. The Artist hereby agrees to provide the Client with the “Performance” subject to all of the terms and conditions herein.
E. The Agent will separately outline the one-off Deposit to be paid by the Client directly to the Agent for organising and securing the Booking Agreement between the Client and the Artist. The Deposit is payable in full in advance before any Booking Agreement can be finally confirmed and agreed. The Client and the Artist agree and confirm that by confirming a booking the obligations of the Agent have been entirely fulfilled and the Agent has provided its agreed services.
GENERAL PROVISIONS
1. Booking
a. In order to book an Artist for an Event a Booking Agreement will be issued to both the Client and the Artist to be signed and returned within three (3) working days;
b. A booking is confirmed immediately upon confirmation of this Booking Agreement by both the Client and the Artist whether verbally, electronically or in writing and further upon receipt by the Agent of the full Deposit. Lack of completion or signature of the Agreement does not terminate or invalidate the Agreement (“Booking Confirmation”).
c. The Booking Agreement may be varied or changed prior to the Event Date subject to notification to the Agent and agreement in writing by both the Client and the Artist. The Agent must be notified in writing of any and all agreed changes and if necessary a new Booking Agreement shall be issued which shall supersede any previous Booking Agreement.
d. The Artist Fee and the Deposit may be subject to change following any agreed amendments to the Booking Agreement and/or arrangements
e. The Agent shall not be liable or responsible for any amendments or changes agreed between the Parties.
2. Fees
a. Deposit – for the Agent’s services in sourcing the Artist, issuing the Booking Agreement, liaising and negotiating between the Parties - to be agreed between the Agent and the Client and to be paid in advance (within [three (3)] working days of issuing the Booking Agreement) by the Client direct to the Agent to secure the Booking. The Deposit to be paid by bank transfer or credit/debit card upon receipt of invoice from the Agent. The client acknowledges and agrees that the Deposit is non-refundable in any circumstances. In the event that an Event has to be cancelled or postponed due to a Force Majeure Event (as defined herein) the Agent will take all reasonable steps to assist and liaise between the Parties to make a new booking and/or source a new Artist if required. In such circumstances the Deposit will be transferred to the new booking wherever possible.
b. Late Payment of or Failure to Pay the Deposit – in the event that the Deposit is not paid to the Agent within [three (3)] working days of issuing the Booking Agreement, the Booking Agreement will be deemed terminated unless otherwise agreed in writing by the Agent.
c. Artist Fee – as detailed above - for the Artist’s services/Performance at the Event – to be paid in full by the Client direct to the Artist with funds cleared at least [seven (7) days] prior to the Event Date. The Artist Fee is to be paid by bank transfer. The Artist shall confirm their bank details for payment and/or any alternative methods of payment at least four (4) weeks prior to the Event Date wherever possible. Payment of the Artist Fee must be made to the Artist. The Agent is unable to accept any payments and/or fees on behalf of the Artist.
d. Late Payment of or Failure to Pay the Artist Fee – In the event that the full Artist Fee has not been paid to the Artist in cleared funds at least [seven (7) days] prior to the Event Date, the Artist shall be entitled to terminate the Booking Agreement without penalty and in such event the Client shall be liable for the cancellation fees set out below. The Artist shall be entitled to claim interest of five per cent (5%) on top of the balance of any late payments and a £50 administration fee for any late payments payable by the Client direct to the Artist in advance of the Event Date. In the event that payment of the full Artist Fee is not paid to the Artist [within fourteen (14) days of the Artist’s Performance on the Event Date] the Artist may pass the debt to a debt recovery firm which will result in additional costs. The Agent is not liable or responsible for the collection of any Artist Fee or balance of any payments due to the Artist.
3. Termination and Cancellation
a. The Parties may terminate the Booking Agreement solely by mutual agreement in writing and confirmation and evidence of such written agreement to be provided to the Agent. Cancellation of the Performance or Termination of the Booking Agreement by either Party shall not affect the Deposit which is non-refundable in any event.
b. Client Cancellation – in the event that the Client cancels the Performance and/or terminates the Booking Agreement for any reason the following cancellation fees (“Cancellation Fees”) shall apply:
Cancellation and/or termination:
• within 30 days of the Event Date: Full Artist Fee due
• between 30 –90 days (inclusive) prior to Event Date: 80% Artist Fee due
• between 91 – 180 days (inclusive) prior to Event Date: 40% Artist Fee due
• between 181 - 365 days (inclusive) prior to Event Date: 25% Artist Fee due
• more than 365 days prior to Event Date: No Artist Fee due
• Less than 48 hours after Booking Confirmation
(unless booking made within 7 days of the Event Date): No Artist Fee due
c. Cancellation Fees shall be payable following the Event Date set out above (whether the event goes ahead or not). In the event that the Agent is able to secure a new booking for the Artist on the same date as the scheduled Event Date then the Client may be exempt from any Cancellation Fees (subject to the Agent’s sole discretion).
d. Artist Cancellation – the artist is not permitted to cancel the Performance or terminate the Booking Agreement for any reason. In the event that the Artist does cancel the Performance and/or terminate the Booking Agreement then the following shall apply:
• The Artist shall pay the Agent a penalty fee equal to the Deposit (“Penalty Fee”) within five (5) working days of cancellation and/or termination by the Artist. Failure to pay such Penalty Fee may result in the debt being passed on to a debt recovery firm which may incur further costs for the Artist;
• The Agent will use best endeavours to find a replacement artist for the Client. In the event of a successful new booking the Deposit already paid shall be transferred to the new booking. In the event that a new booking is not possible despite all efforts then any Penalty Fee paid to the Agent by the Artist and actually received by the Agent shall be forwarded to the Client.
4. Client Obligations
a. The Client agrees and confirms that they have provided the Agent with all the requested Client Information and agree to all the terms set out prior to confirming the booking;
b. The Client shall ensure that the following are investigated and confirmed with all relevant information provided to the Agent prior to confirming the booking:
• that the Event Venue: has carried out all proper security and health and safety measures in advance to ensure the security and safety of the Artist (from the moment of arrival at the Event Venue), instruments and all equipment and personal property during and after the Performance including without limitation: in and around the stage or performance area which must be safe, dry and level, changing area and all exits and entrances; a safe power supply; complies with all relevant Health and Safety legislation and guidance and does not pose any danger or risk to the Artist or their instruments and equipment; has carried out a Risk Assessment check prior to the Event Date and reported the results of such to the Client who shall inform the Artist including without limitation any concerns;
• that the Event shall be organised and conducted in such a way as to comply with all laws, regulations, rules and guidance covering the holding of such events including but not limited to obtaining all relevant consents, licences, permits, safety certificates and insurances required by law or as otherwise appropriate in the circumstances and including without limitation complying with any and all laws, regulations, rules, guidance and requirements in relation to Covid 19 or any other pandemic or health requirements prior to commencement of and during the Event as necessary;
• that there are no inhibiting noise limiters. For the avoidance of doubt in the event of non-performance or inadequate performance caused by the Client and/or Event Venue limitations or restrictions, the Client shall still be liable for the full Artist Fee and the Artist shall not be liable for any inadequate performance caused by such nor for repayment of the Artist Fee or any part thereof;
• that a reasonable supply of free refreshments including water and soft drinks (and a hot meal or buffet when on site for three (3) hours or more) is available to the Artist for the duration of their time at the Event Venue;
• that free parking is available at the Event Venue for all vehicles associated with the Artist. The Client shall be liable for any parking costs (if any);
• that they inform the Agent and the Artist in advance of the Event Date if they do not wish any photographs or video clips of the Event too be used in future promotional material for the Artist and/or the Artist;
c.For a period of eighteen (18) months from the Event Date any further bookings of the Artist by the Client shall be negotiated and made through the Agent.
5. Artist Obligations
a. The Artist agrees and confirms that they have provided the Agent with all the requested Artist Information and agree to all the terms set out prior to confirming the booking;
b. The Artist agrees to and shall ensure the following with all relevant information provided to the Agent prior to confirming the booking:
• that the Artist is available and capable of carrying out the Performance on the Event Date and has no prior or subsequent commitments or impediments which will prevent them from carrying out their obligations under this Booking Agreement including without limitation the Performance to the highest quality and the best of their ability;
• that the Artist: takes responsibility for presenting themselves in a fit state for work on the Event Date and acting in a polite and respectful manner throughout their time at the Event and when liaising with the Client in the lead up to the Event; does not drink excessively on the Event Date; remains drug free on the Event Date; dresses suitably for the Event and in agreement with the Client’s requests; arrives punctually at the Artist Arrival Time as set out above and keeps to the agreed times as set out above including without limitation set up, change, Performance and finish times unless otherwise agreed with the Client;
• that the Artist shall contact the Client four (4) weeks prior to the Event Date (or as soon as possible after the Booking Confirmation if less than 4 weeks until the Event Date) in order to confirm and finalise all details and requirements including without limitation payment and exchange emergency contact numbers;
• that the Artist provides all equipment and instruments required for the Performance to be carried out to the highest standard (including PA if required) and ensures that all equipment is PAT tested annually with certificates available if requested by the Agent and/or the Client;
• that the Artist holds adequate Public Liability Insurance cover (a minimum of £1000,000) with certificates available if requested by the Agent and/or the Client;
• that the Artist Fee is fully inclusive of all costs and expenses and not subject to change unless otherwise agreed in writing with the Client and is fair and adequate remuneration for the services provided by the Artist under this Booking Agreement; that the Client is responsible for the Artist Fee; the Agent is not responsible or liable for payment of the Artist Fee; the Client is not responsible for any other Artist expenses unless otherwise agreed in writing in advance with the Client; and that the Agent is solely entitled to the Deposit in return for the Agent’s services provided;
• that the Artist is not an employee of the Agent and will not hold themselves out to be so and is fully responsible for all their own accounting, all taxes and legal responsibilities;
• that all enquiries for future bookings are directed to the Agent;
• that the Artist’s failure to comply with the Artist Obligations herein may result in cancellation of the booking by the Client and/or the Agent. In such event, the Agent shall use best endeavours to arrange an alternative Artist for the Client wherever possible.
6. Equipment
a. The Client and the Artist acknowledge and agree that the equipment and instruments of the Artist are not available for use by any other performers, guests or persons without the prior written consent of Artist. The Client shall be liable to cover all costs for loss or damage to any Artist equipment and/or instruments caused by any member of their Event party.
7. Changes and Alternative Performers
a. Any changes to the Booking Agreement and/or the Event or Performance Schedule are to be notified to the Agent and agreed in writing in advance between the Client and the Artist. A new booking agreement may be issued by the Agent if required and practicable to do so;
b. In the event that any agreed changes result in a later Performance time or longer Performance set, or a longer Performance or changes are agreed on the Event Date, a further appropriate fee shall be agreed between the Client and the Artist and paid prior to or on the Event Date. In the event that the event schedule overruns on the Event Date due to no fault of the Artist, the Artist shall be entitled to finish at the agreed Artist Finish Time and to retain the full Artist Fee.
c. the Artist agrees that they shall have alternative performers available of equal competency and ability in the event that the Artist has no alternative than to provide an alternative member to their line-up due to unforeseen circumstances. The Client agrees that the Artist may use such alternative performer in such circumstances without notifying the Client.
8. Complaints
a. Any complaint from either the Client or the Artist should be made in the first instance in writing to the Agent within thirty (30) days of the issue complained of. The Agent will take all reasonable steps to assist the parties to reach a solution. In the event that the matter cannot be resolved in this manner despite all efforts then both Parties should seek alternative mediation and/or legal advice. Any complaint and or dispute which arises in relation to changes or amendments agreed between the Client and the Artist should be dealt with directly between the Client and the Artist.
b. Full payment of both the Artist Fee and Deposit shall still be payable in the event of a complaint or dispute.
c. The Agent shall not be responsible or liable in any event for any breach or failure by either the Client or the Artist.
9.Force Majeure
a.The Parties shall be excused from their obligations under this Agreement solely (unless otherwise agreed in writing) in the event of proven sickness, accident, war, riot, strike, terrorism, pandemic, epidemic, act of God including earthquake, fire, flood, hurricane, legal or Government requirement or any other force majeure event or occurrence beyond their respective reasonable control which materially adversely affects either party fulfilling their obligations hereunder (“Force Majeure Event”) and provided reasonable notice of such event or occurrence is given to the other Party and provided the Parties take all reasonable possible action to mitigate and prevent the need to be excused from their obligations and/or provide alternative arrangements and/or reschedule the booking wherever possible.
b.In the event of a Force Majeure Event the Agent will use best endeavours to assist the parties to mitigate the circumstances. The Agent shall not be liable for any losses incurred by either the Client or the Artist or any associated third parties in the event of a Force Majeure Event.
10. Indemnification
Each Party hereby indemnifies the other Party and holds the innocent Party as well as the Agent harmless from and against any loss, damage or expense, including reasonable legal fees, incurred or suffered by or threatened against the innocent Party in connection with any claim howsoever caused brought by or on behalf of any third party person, firm or corporation as a result of any breach by the defaulting Party of their obligations hereunder.
10. Breach of Contract
The Agent reserves the right to void any Booking Agreement between the Client and the Artist if it deems that either Party is in breach of the Booking Agreement.
11. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction.
12. Entire Agreement
This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance.