TERMS AND CONDITIONS
To comply with the new DTI regulations every entertainment agency and business must publish its Terms and Conditions.
Please read our terms and conditions of booking fully before making your enquiry or booking.
GIGMUSICIANS has made every possible effort to word and phrase the following terms and conditions in clear and plain English.
Detailed clarification of the various clauses is included where necessary.
If however, you do not understand any part of these terms, please contact us for clarification or feel completely free to seek legal advice.
Neither 'booker' nor 'act' should enter into any agreement without fully understanding our Terms and Conditions.
Any booking whether confirmed electronically, in writing or verbally, shall be subject to a legally binding contract containing the following non-negotiable terms and conditions of booking:
ACT - Any act, artiste, performer, entertainer, dancer, musician, or group of, with whom you contract or wish to contract in relation to (or a series of) Engagements.
BOOKER - Any venue, individual, company or organisation responsible for hiring an ACT.
ENGAGEMENT - Any booking made between 'booker' and 'act' for the services of an 'act'.
THE AGENT - GIGMUSICIANS.
This booking contract is negotiated by GIGMUSICIANS (the 'agent') between the 'booker' and the 'act'.
In this capacity GIGMUSICIANS cannot be held responsible in any way for non fulfilment of bookings or non payment of fees. However, GIGMUSICIANS undertakes to make every reasonable endeavour to protect the interests of both 'booker' and 'act'.
For the purpose of complying with DTI Regulations (The Conduct of Employment Agencies and Employment Businesses Regulations 2003) we confirm that we act as an employment agency and do not operate as an employment business.
We are mediators between 'booker' and 'act'.
We are not authorised to enter into or sign any agreement with you on the Act's behalf.
We will not enter into agreements with the Act on your behalf.
We will negotiate and agree with you the terms on which the 'act' will perform any Engagement(s) and draw up the agreement between you and the Act.
2. Confirming the booking:
A) 'Confirmation' will mean any electronic, written or verbal acceptance of this booking by both the 'booker' and the 'act'.
B) All bookings are effective immediately upon 'confirmation'.
C) Failure to sign or return this written contract is not acceptable as cancellation of the booking or acceptance of these terms.
Upon 'confirmation' of the booking, GIGMUSICIANS will issue a contract to the 'booker' for signature which must be returned within 72 hours. A copy of this contract will be forwarded to the 'artist' for signature immediately, to be signed and returned within 72 hours.
Both the 'booker' & the 'act' may keep one copy of the contract for their own records. (Further copies are available on request). GIGMUSICIANS will hold the signed contract(s) for safe keeping and will act as the 'agent' negotiator and mediator between both parties for the period up to and including the date of the event, and for 18 months after the event.
3. Alterations to contract:
The agreed booking and or engagement fee(s) may be subject to alteration (in agreement with both the 'booker' and the 'act') if any details on the contract are changed. All changes to the contract must be agreed and arranged via GIGMUSICIANS in advance of the event.
4. Payment of fees:
The agreed booking fee or deposit is due strictly within 7 working days of confirmation of the booking or sooner where necessary or required, for example: Where the booking is within 7 days. Deposit may be paid by BACS transfer, cheque, (as stated on your contract & invoice.) or in certain circumstances via credit card or debit card through PAYPAL. Unless otherwise agreed by the 'act' and GIGMUSICIANS specifically in writing in the wording of your contract, the balance is payable to the 'act' in cash or via cheque on the day of the event, either prior to, or on completion of the performance, as specified in the wording of the contract. If, in exceptional circumstances, any fee which the 'booker' has agreed to pay prior to the event has not been received at least 7 working days before the event, the 'act' has the right to cancel this booking without penalty and the 'booker' will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5.)
Cancellation by the 'booker': Cancellation by the 'booker' is not permitted for any reason other than circumstances covered by 'force majeure' (see clause 14.) In the event that the 'booker' cancels the booking, the 'booker' agrees to inform GIGMUSICIANS immediately. GIGMUSICIANS agrees to inform the 'act' of the cancellation immediately. In the event of cancellation of an engagement by the 'booker' the following fees will be payable:
Where the 'booker' cancels the event within two days of confirming, no fee will be payable and any booking fee or deposit already paid will be refunded 100% less 15% administration costs, unless the engagement is within seven workings days of the confirmation in which case the full fee will be payable and will result in loss of any booking fee or deposit paid.
Other than in circumstances stated above, where the 'booker' cancels 90 days or more prior to the date of the engagement, this will result in loss of any booking fee or deposit paid and up to 50% of the remaining balance.
Where the 'booker' cancels within 90 days prior to the date of the engagement, this will result in a loss of any booking fee or deposit paid and 100% of the remaining balance due.
Cancellation by the 'act': Cancellation by the 'act' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 14.) In the event that the 'act' cancels the booking, the 'act' agrees to inform GIGMUSICIANS immediately.
GIGMUSICIANS agrees to inform the 'booker' of the cancellation and make all reasonable attempts to find a suitable replacement 'act' of similar standard and style, at no extra cost to the 'booker'.
Should a suitable replacement not be found, GIGMUSICIANS agrees to refund the 'booker' their deposit plus any other booking fees already paid in advance. Should the 'act' cancel a booking under circumstances not covered by 'force majeure' (see clause 14) the 'booker' may seek damages from the 'act' as they see fit.
The 'act' also agrees to pay GIGMUSICIANS an administration fee equal to the booking fee or commission due on the engagement (referred to previously as the 'deposit') and this must be paid to GIGMUSICIANS within 7 working days.
There will be no refund given to the 'booker' against the booking deposit already paid, and no 'administration charge' will be made to the 'act', if a replacement 'act' of similar value can be arranged by GIGMUSICIANS and agreed by the 'booker'. However, should a replacement 'act' charge a much lower fee, the 'booker' will be refunded a proportionate amount of their booking deposit and the replacement 'act' will be due their usual fee.
Where possible, the 'booker' and 'act' will be contacted to agree this in advance. If a replacement 'act' is required at short notice (within 24 hours) and the 'booker' will not accept the replacement act, they must not allow the replacement 'act' to perform. If the replacement 'act' is allowed to perform, their full fee will be due.
6. Failure to pay or late payment of booking fee or deposit:
Failure by the 'booker' to pay the booking fee or deposit within the terms specified will result in 'booker' being in default of contract. The booking will be cancelled and the 'booker' will be bound by the cancellation clauses in part 5 of these terms and conditions.
Should the 'act', through fault of their own, not fulfil part of the engagement schedule or break the terms of this contract and the 'booker' would like to claim a reduction on the 'acts' fee, a complaint must be made in writing to GIGMUSICIANS no more than 30 days after the event. Full payment must still be made to the 'act' as agreed in the contract. Withholding payment is illegal. Failure to pay the 'act' may render the 'booker' subject to prosecution. Whilst GIGMUSICIANS cannot be held responsible for the behaviour of either the 'booker' or 'act', or failure of either the 'booker' or 'act', to honour any part of this contract we will make every reasonable effort and endeavour 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 'booker' or the 'act, GIGMUSICIANS will contact the both 'booker' and 'act' to discuss the complaint and request a written statement detailing their version of events. GIGMUSICIANS will act as mediator between 'booker' and 'act' in order to come to an amicable agreement over any refund or expense which may be due. If GIGMUSICIANS cannot settle the dispute to the mutual satisfaction of both 'booker' and 'act', both parties must settle the matter directly via their own legal representatives. Any dispute between the 'booker' and 'act' that relates to changes to the terms that were originally agreed by both the 'booker' and the 'act', but not contained within this contract and not confirmed by GIGMUSICIANS in writing, must be settled between the 'booker' and the 'act' directly. GIGMUSICIANS will not be able to mediate over any such changes.
8. Delays and extra engagement costs: If an engagement schedule is altered by the 'booker' and is not the fault of the 'act', resulting in the 'act' not being able to perform their contracted performance time within the schedule outlined in this contract, there will be no reduction in the 'acts' fee. If the engagement runs late and the 'act' agrees to finish later than the finish time in the booking contract, any extra fees must be negotiated and agreed by the 'booker' and 'act' and paid to the 'act' in cash or by cheque on the day. The 'act' is under no obligation to perform outside of their contracted times and shall be paid their contracted fee without penalty.
9. Re-booking of the 'act':
The 'booker' agrees to negotiate all future bookings of the 'act' with GIGMUSICIANS and not with the 'act' directly. This remains in force from the date of issue of this contract until 18 months following the event date on this contract. The 'act' agrees not to supply to the 'booker' any direct contact details other than those of GIGMUSICIANS for future bookings. If directly approached or propositioned, the 'act' must inform the 'booker' or any connected party or person to contact GIGMUSICIANS. Should an 'act' dishonour these terms of this contract, they will cease to be used by GIGMUSICIANS and become liable for commission on any bookings obtained from such contravention.
10. Rider - Special Conditions:
This contract may, where appropriate, be subject to a 'rider' and where listed 'special conditions', containing the 'acts' requirements for food, accommodation, changing rooms, technical specifications, transport, etc (please see full 'act rider' and 'special conditions' on the front of this contract)
If the 'booker' has agreed in the wording of this contract to cover additional expenses incurred by the 'acts' (i.e.: travel, food, hotel, flights) the 'acts' must provide receipts and an invoice to the 'client' within 30 days after the event. The 'booker' must reimburse all expenses to the 'acts' within 7 days of invoice.
12. Act performance and behaviour guarantee:
The 'act' agrees to supply all equipment required to undertake this performance, unless the equipment has been contractually agreed to be supplied by the 'booker' or an appointed supplier. It is the 'acts' responsibility to ensure the safety and good working order of their own equipment, and to obtain all necessary insurances & certification to make such equipment fully compliant with all legal requirements. The 'act' agrees to provide a performance that is to the best of its ability. The 'act' will make every effort to ensure their performance is first class, comply with the 'booker's' directions within due reason, be courteous, civil and polite with the booker, their staff, customers or guests and to be on their best behaviour at all times. The 'act' agrees that their fee is inclusive of all expenses (except where stated otherwise on the front of this contract), and includes any payments whatsoever due to other members of the 'act'. The 'act' will refrain from excessive drinking and will not under any circumstances partake of any illegal drug use on the day of the event, before, during or after the performance at any time when the 'booker' or their customers or guests are present. The 'act' will not engage in anti-social, illegal or in any way that will reflect badly upon GIGMUSICIANS, the 'booker' or themselves. The adjustment of the volume and sound level of any equipment shall be subject to the approval of the 'booker'. The 'act' at the time of agreeing to or signing this contract undertakes that they are not tied to any contract to a third party that would prevent them from fulfilling the booking. The 'act' is not employed by GIGMUSICIANS and they are fully responsible for their own accounting and payment of TAX, VAT & National Insurance contributions. The 'act' 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.
13. 'Act(s)' instruments and equipment:
It is agreed by the 'booker' and the 'act' that the equipment and instruments of the 'act' are not available for use by other performers or persons except by specific permission of the 'act'.
14. 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 'act' or 'booker', then the 'act' or 'booker' may cancel this booking without penalty other than loss of deposit.