Terms and
conditions of booking
Written by SteelBands4u
Please read our terms and conditions of booking before making your
enquiry. Any booking resulting from an enquiry whether confirmed
verbally, electronically or in writing will be subject to a contract
carrying the following terms and conditions....
SteeBands4u has made every effort to word these terms and
conditions in plain English, with clarification of various clauses
where necessary. If you do not understand any part of these terms,
please call us for clarification or seek legal advice before
agreeing to them.
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING
will be subject to a legally binding contract carrying the following
non-negotiable terms and conditions of booking:
1. Definitions
This booking contract is negotiated by SteeBands4u (the ‘agent’)
between the ‘client’ and the ‘artist’. In this respect, SteeBands4u acts as an employment agency in this contract
and cannot be held responsible for non fulfillment of bookings or
non payment of fees.
2. Confirming the booking
Confirmation:
i) 'Confirmation' will mean any verbal, electronic or written
acceptance of this booking by BOTH the 'client' and the 'artist'.
ii) All bookings take effect immediately upon 'confirmation'.
ii) Non-signature/non-return of contract is not sufficient to cancel
the booking or acceptance of these terms.
Upon 'confirmation' of the booking, SteeBands4u will issue a
contract to the 'client' for signature and this must be returned
within 2 working days.
SteeBands4u will store the signed contract(s) for safe keeping
(copies available on request) and will act as the ‘agent’ negotiator
between both parties for the period up to and including the date of
the event, and for eighteen months after the event.
3. Changes to contract
The agreed booking fees may be subject to change (in agreement with
both the 'client' and the 'artist') if any details on the contract
are altered. All changes to the contract must be arranged & agreed
by SteeBands4u in advance of the event.
4. Payment of fees
The agreed booking deposit is due strictly within 5 working days of
invoice. Deposit can be paid by cheque or BACS transfer (details on
your contract & invoice.)
Unless otherwise agreed by the 'artist' and SteeBands4u in
writing on the cover of your contract, the balance is payable to the
‘artist’ in cash or by cheque on the day of the event.
If any fee which the 'client' is due to pay prior to the event has
not been received at least 5 working days before the event, the
'artist' has the right to cancel this booking without penalty and
the 'client' will forfeit any other fees paid previously, and remain
liable for any cancellation fees due (see clause 5.)
5. Cancellations
Cancellation by the ‘client’:
Cancellation by the 'client' is not allowed for any reason except
circumstances covered by 'force majeure' (see clause 18.) In the
event that the ‘client’ cancels the booking, the ‘client’ agrees to
inform SteeBands4u immediately. SteeBands4u agrees to
inform the ‘artist’ of the cancellation immediately.
i) Cancellation by the 'client' within 48 hours of confirmation will
not carry a cancellation fee unless the event date is within the
following 7 days, in which case the full booking fee will be due.
ii) Cancellation by the ‘client’ after 48 hours of confirmation and
up to 90 days from the event will result in loss of deposit and 50%
of the remaining balance will be payable by the ‘client’ to the
‘artist’ within 14 days.
iii) Cancellation by the ‘client’ within 90 days and up to 61 days
of the event will result in loss of deposit and 75% of the remaining
balance will be payable by the ‘client’ to the ‘artist’ within 14
days.
iv) Cancellation by the ‘client’ within 60 days of the event will
result in loss of deposit and 100% of the remaining balance will be
payable by the ‘client’ to the ‘artist’ within 14 days.
'Artist' cancellation fees should be sent to SteeBands4u to be
forwarded on to the 'artist' within 7 days of receipt.
On behalf of the ‘artist’, any payment outstanding from the 'client'
outside of these terms will be referred to SteeBands4u’s debt
recovery company 'Daniels Silverman Limited' 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.
It is the ‘clients’ responsibility to ensure their venue can
accommodate the ‘artist’ and non-performance of the ‘artist’ due to
venue restrictions will place the ‘client’ liable for cancellation
fees as detailed above.
Cancellation by the ‘artist’:
Cancellation by the 'artist' is not allowed for any reason except
circumstances covered by 'force majeure' (see clause 18.)
In the unlikely event that the ‘artist’ cancels the booking, the
‘artist’ agrees to inform SteeBands4u immediately. SteeBands4u
agrees to inform the ‘client’ of the cancellation and make all
reasonable attempts to find a suitable replacement artist of similar
standard and style, at no extra cost to the ‘client’. Should a
suitable replacement not be found, SteeBands4u agrees
to refund the ‘client’ their deposit plus any other booking fees
already paid in advance.
Should the ‘artist’ cancel a booking under circumstances not covered
by 'force majeure' (see clause 18) the ‘client’ may pursue unlimited
damages from the ‘artist’ as they see fit. The ‘artist’ also agrees
to pay SteeBands4u an administration fee equal to the commission due
on the booking (referred to previously as the ‘deposit’) and this
must be paid to SteeBands4u within 5 working days. The 'artist' also
agrees to refund the 'client' any difference between the original
booking fee and the fee charged by any replacement artist arranged
for the ‘client’ by SteeBands4u.
There will be no refund given to the 'client' against the booking
deposit already paid, and no ‘administration charge’ will be made to
the band, if a replacement artist of similar value can be arranged
by SteeBands4u and agreed by the ‘client’. However, should a
replacement artist charge a much lower fee, the client will be
refunded a proportionate amount of their booking deposit and the
replacement artist will be due their usual fee. Where possible, the
'client' and 'artist' will be contacted to agree this in advance.
If a replacement artist is required last minute and the 'client' is
not happy to accept the replacement artist, they must not allow the
replacement artist to perform. If the replacement artist is allowed
to perform, their full fee will be due.
Any payment outstanding from the 'artist' outside of these terms
will be referred to our recovery company 'Daniels Silverman Limited'
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
'artist' and will be legally enforceable.
6. Late payment of deposit
Failure by the ‘client’ to pay the booking deposit within the terms
specified will result in ‘client’ being in default of contract. The
booking will be cancelled and the ‘client’ will be bound by the
cancellation clauses in part 5 of these terms and conditions.
7. Late payment of the balance
Failure by the ‘client’ to pay the ‘artist’ within the terms
specified will result in a late payment fee (equal to 10% of the
total balance due) being added to the outstanding balance. This will
be payable by the ‘client’ to the ‘artist’, for every 5 working days
the payment is late.
These fees should be sent to SteeBands4u to be forwarded on to the
‘artist. The ‘artist’ agrees to pay SteeBands4u our
standard commission on any balance which is increased due to the
addition of ‘late payment fees’.
On behalf of the ‘artist’, SteeBands4u may raise an invoice to
the ‘client’ for any ‘artist’ fees unpaid and any payment
outstanding from the 'client' outside of these terms will be
referred to our recovery company 'Daniels Silverman Limited' 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.
8. Complaints
If through their 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 SteeBands4u no more than
30 days after the event. Full payment must still be made to the
'artist' as agreed in the contract. Withholding payment is illegal.
Failure to pay the 'artist' within the terms of this contract will
incur charges outlined in clause 7 (see above) and may render the
'client' subject to prosecution.
Whilst SteeBands4u cannot be held responsible for the actions or
failures of either the 'client' or 'artist' we will make every
effort to settle disputes without the need for either party to take
legal action against each other. Once a written complaint has been
made by the 'client', SteeBands4u will contact the 'artist' to
discuss the complaint and request a written statement detailing
their version of events. SteeBands4u will 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 SteeBands4u cannot settle the dispute to the mutual satisfaction of
both 'client' and 'artist', both parties must settle the matter
directly via their own legal representatives.
Any dispute between the ‘client’ and the ‘artist’ based on changes
to the contract/performance that were agreed by both the ‘client’
and the ‘artist’, but not confirmed by SteeBands4u in writing, must
be settled between the ‘client’ and the ‘artist’ directly.
SteeBands4u will not be able to mediate over these changes.
9. Changes on the day
Where possible, changes to the contract schedule which are
unavoidable on the day of the event should first be discussed &
agreed with your SteeBands4u agent. Should this not be
possible, changes are to be agreed between the ‘client’ and the
‘artist’ prior to performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the ‘client’ and the ‘artist’ on the
day of the event 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 SteeBands4u’s standard rate of commission. The 'artist'
must disclose to SteeBands4u additional monies
collected within 7 days of the event and forward commission due
within 7 days.
10. Delayed event schedules and late finish fees
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.
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 surcharge, then the following
standard ‘late finish’ fees will be charged:
10% of the total balance due per ½ hour over run, payable on the day
of the event by the 'client' to the 'artist' in cash or by cheque.
The ‘artist’ has the right to refuse to finish later than the
contracted finish time without penalty.
11. Extended performance fees
If the event schedule is changed on the day and the ‘artist’ is
required and agrees to perform for longer than the ‘Performance
times’ agreed in this contract, and no additional surcharge is
agreed by the ‘artist’ on the day of the event, the following
standard ‘Extended performance fees’ will be charged:
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 day of the event.
The ‘artist’ has the right to refuse to extend their performance
times without penalty.
12. Re-engagement of the ‘artist’
The ‘client’ agrees to negotiate all future bookings of the ‘artist’
with SteeBands4u and not with the ‘artist’ directly, for the
period covering the issue date of this contract until 18 months
after the event date on this contract.
The ‘artist’ (including individual artist in a band) agrees not to
hand out business cards or any promotional materials bearing their
personal telephone number and/or address, or any other contact
details other than those of SteeBands4u, to the ‘client’, their
guests, staff, venue or contractors. If approached, the ‘artist’
must inform the person/s concerned to contact SteeBands4u. Bookings
accepted directly or indirectly by client or venue with 18 months of
an agency booking are deemed commissionable. Any other action will
contravene the terms of this contract, and if you are found to have
done this you will cease to be used by SteeBands4u and invoiced for commission against any resulting work
accordingly.
13. Rider
This contract may be subject to a ‘rider’ containing the ‘artists’
requirements for food, accommodation, dressing rooms, technical
specifications etc (please see full ‘artist rider’ on the front of
this contract)
The ‘rider’ forms an integral part of this contract and MUST be
provided by the ‘client’ at their own expense.
14. Expenses
If the ‘client’ has agreed on the front of this contract to cover
additional expenses incurred by the ‘artist’ (such as taxi’s, food,
rehearsal time, hotel, flights etc) the ‘artist’ must provide
receipts and an invoice to the ‘client’ within 60 days after the
event.
The ‘client’ must reimburse all expenses to the ‘artist’ within 28
days of invoice.
Late payment of expenses will incur a late payment fee equal to 10%
of the expenses due, per 5 working days that payment is overdue.
15. Artist service guarantee
The ‘artist’ agrees to provide a performance that is to the best of
their ability, and reflects fully the likeness of the ‘artists’
show, as known to SteeBands4u and as advertised to the ‘client’
via distribution of the ‘artists’ 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 ‘artists’
responsibility to ensure the good working order & 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, SteeBands4u, or
the ‘client’.
The adjustment of the volume and sound level of any equipment shall
be as the ‘client’ reasonably requires.
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’ agrees not to hand out business cards or any
promotional materials bearing their personal telephone number and/or
address. The ‘artist’ must inform the person/s concerned to contact
SteeBands4u. Any other action will contravene the terms of this
contract, and if you are found to have done this you will cease to
be used by SteeBands4u and invoiced for commission due
accordingly.
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’ is not employed by SteeBands4u and they are
responsible for their own accounting and payment of TAX, VAT &
National Insurance contributions.
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.
16. ‘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
performers or persons except by specific permission of the 'artist'.
17. Use of ‘dep’ performers
A 'dep' performer will mean a person or persons who stand in for one
or more of the 'artists' standard group of performers should they be
unable to perform due to prior commitments or illness.
The ‘artist’ will perform using their standard group of performers
as advertised to SteeBands4u and the ‘client’ unless otherwise
agreed by SteeBands4u and the ‘client’ in advance, or in cases
of emergency. The ‘artist’ agrees that any ‘dep’ performers used
will be of the same standard and professional competence as the
performer who is to be replaced, and that the ‘dep’ will have a good
knowledge of the ‘artists’ repertoire, and represent the ‘artist’ to
the same high standard that is known by SteeBands4u and
expected by the 'client'.
The 'artist' agrees that if a usual group member is ill and a
suitable 'dep' performer is available, and this performer can
satisfy the conditions of competence outlined above, the ‘artist’
will use the services of the 'dep' performer rather than cancel the
booking under the terms of 'Force Majeure' (see clause 18 below.)
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer
is used, although, if in advance of the event the 'client' is able
to listen to a recording of the proposed 'dep' performer and is not
happy with the replacement, they have the right to cancel the
booking without penalty and the 'artist' will be liable for the
cancellation under the terms of clause 5 unless ‘Force Majeure’ may
be applied.
A ‘dep’ performer may not be used to replace an ‘artist’ whose
individual name is used as the star attraction to promote the
‘artist’ (EG: ‘The Dave Tate’ show would not be able to ‘dep’
another performer for ‘Dave Tate’.)
18. Force Majeure
In cases of ‘Force Majeure’ (which shall be known 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), which are not attributable to any act or failure to take
preventive action by the ‘artist’ or ‘client’, then the ‘artist’ or
‘client’ may cancel this booking without penalty other than loss of
deposit.
19. Artist Images
By accepting a booking, sending information or requesting work, the
artist authorises "SteeBands4u" to upload the artists images to
its web site.
20. Card Charges
A 5% surcharge will be charged for all credit and debt cards
used.
21. Artists are responsible for their own images and text on SteeBands4u. SteeBands4u will not be held responsible for material submitted by artists.
22. When passing gigs to artists a gig is not confirmed until the full details are divulged E.g venue, client.
23. The accuracy of audio samples can not be guaranteed.
24. Artists are responsible for images supplied.
25. By using the electronic email forms you may be occasionally contacted with special offers and promotions via E-mail.
26. Deposits are non refundable .