General
This website (the “Site”) is owned and operated by jazzbandlondon.com also doing business as The Cocktail Hour Jazz Band and cocktailhourjazz.com (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from jazzbandlondon.com. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that the COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that jazzbandlondon.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and the COMPANY. Neither the COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized jazzbandlondon.com representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless jazzbandlondon.com its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.
If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
● Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
● Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
● Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
● Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
THE COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. The COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the COMPANY staff, the COMPANY’s outside contributors, or by users not connected with the COMPANY, some of whom may employ anonymous user names. The COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the COMPANY or any of its subsidiaries or affiliates.
The COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, post code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will may a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Other
If you believe in good faith that materials hosted by the COMPANY infringe your copyright, you, or your agent may send to the COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of copyright law shall not be considered sufficient notice and shall not be deemed to confer upon the COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the current copyright laws permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the UK copyright law.
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom and any dispute shall be subject to binding arbitration in the United Kingdom. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
If you have any questions or concerns regarding our privacy policy please direct them to: info@jazzbandlondon.com
TERMS & CONDITIONS OF BOOKING
We are operating as a sole trader, and are known by the names jazzbandlondon.com and The Cocktail Hour Jazz Band. We operate in England and Wales. We currently have no company number registered at Companies House but our office address is 76 Garden Road, Walton-On-Thames, Surrey, KT12 2HH.
This document sets out the terms and conditions for bookings made through us. Please read these terms carefully and contact us if you have any queries. ANY BOOKING WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING IS A LEGALLY BINDING CONTRACT.
Clients are particularly advised to read through their obligations in respect of the Event, their payment obligations, their rights to cancel and the accompanying fees and their rights and obligations in the event of loss or damage.
INTRODUCTION
1.1
Definitions. In this document, certain words and phrases have particular meanings. A capitalised first letter identifies these words and phrases, and their particular meaning is set out below:
“Agent” - means JAZZBANDLONDON.COM
“Artist” - means the band, disc jockey, or other performer booked by the Client under this Contract, including any substitute or replacement performer.
“Client” - means the person(s) booking the Artist, and for whom the Artist will perform.
“Contract” - means together the AN EMAIL CHAIN, these Terms, and any other written agreement made between Agent, the Artist and the Client concerning the Performance and made known to the Agent.
“Deposit” - means the amount due from the Client to the Agent to secure the Artist exclusively for the Event.
“Event” - means the Client’s event at which the Artist will perform.
“Event Date” - means the date of the Event, as set out on the Booking Form.
“Force Majeure Event” - has the meaning set out in clause 11.
“Performance” - means the Artist’s performance at an Event.
“Balance” - means the fee payable by the Client which is the total fee minus the deposit, in accordance with these Terms, subject to adjustment in the circumstances set out in these Terms.
“Terms” - means these terms and conditions.
“Venue” - means the location at which the Event is held and where the Artist will perform, as stated on the Booking Form.
1.2
Interpretation. Certain rules apply to the interpretation of these Terms, as follows:
Use of the singular includes the plural;
Reference to one gender includes all genders;
Reference to “a person” includes a reference to a company, firm or unincorporated association; and
Use of the words “writing” or “written” includes email.
1.3
How the Contract works. The Contract sets out specific obligations that are owed by each of the Agent, the Artist and the Client to the other parties. Each party’s obligations are distinct and separate from those owed by the other parties, and no party accepts responsibility for breach of this Contract by the other parties. This means that:
Only the Agent is responsible for promoting the Artist, negotiating and preparing this Contract, managing the relationship between the Client and the Artist and complying with its other obligations under this Contract;
The Agent can only collect fees and payments owed to the Agent, unless specifically authorised otherwise;
Only the Artist is responsible for the quality of the Performance, its conduct up to, and on, the Event Date and complying with its other obligations under this Contract;
The Artist can only collect fees and payments owed to the Artist, unless specifically authorised otherwise; and
Only the Client is responsible for the payment of the Balance and any additional fees and complying with its other obligations under this Contract.
Please see clause 9 for more information on responsibilities for losses.
1.4
The Deposit. The Agent’s fees for booking the Artist, and for negotiating, drafting and completing the Contract, is calculated by the Agent as a set fee, determined by The Agent and included in the full fee. The Deposit paid by the Client is a percentage of the overall fee, and goes towards remunerating both Agent and Artist in the case of cancellations of the booking, since both Agent and Artist may have forfeited other employment through taking the client's booking. As these amounts are incurred by the Agent upfront, the Deposit cannot typically be refunded after 14 days, unless the event date is less than 14 days from the time of booking, in which case the deposit is only refundable up to 24 hours from the time of confirming the booking with a deposit. This is particularly relevant in the situations set out in clauses 2.2, 6.1, 7.6 and 11.4.
1.5
Re-engagement of the Artist. For a period of 18 months from the Event Date, the Client must negotiate all additional bookings of the Artist with the Agent only. If the Artist is approached by the Client or one of its guests or other suppliers (including the Venue) with a view to securing the Artist’s performance at an event, then the Artist will refer the approach to the Agent and will notify the Agent immediately. The Artist will account to the Agent an amount equivalent to the deposit (calculated as per the Deposit) due to it for any event booking made in contradiction of this clause 1.5.
1.6
Contacting the Parties.
The Agent represents the Artist in its business dealings and helps to manage its bookings efficiently. Therefore the Client should contact the Agent in the first instance with any instructions, requests or queries about the Event or the Performance so that they can be logged on the Agent’s booking system.
The Agent can be contacted by telephoning 07946893151 or by writing to info@jazzbandlondon.com or in writing to jazzbandlondon.com, 76 Garden Road, Walton-On-Thames, Surrey, KT12 2HH
The Agent will provide the direct contact details of the Artist and the Client to each other approximately four weeks before the Event Date so that both parties can make arrangements for the Event and the Performance. Where requested and/or required, the Agent will facilitate direct communication between the Client and the Artist earlier than four weeks before the Event Date. In all cases, any significant requests or changes to the booking must be communicated to the Agent immediately.
It is the responsibility of the Artist and the Client respectively to ensure that they are contactable at all times by the Agent and respond promptly to any such contact. The Agent will always make reasonable efforts to contact a party, including via the Venue or any other point of contact for the applicable party that the Agent may have on record, and is not responsible where, despite such efforts, it has not been able to contact a party.
If the Agent is unable to contact a party, the Artist and the Client authorise the Agent to take such steps as it may reasonably consider suitable to ensure that the Event continues with as little disruption as possible, up to and including booking a replacement artist.
THE BOOKING
2.1
Booking confirmation. The Agent will confirm the booking via email to the Client and the Artist immediately following its receipt of the agreement of both the Client and the Artist to the booking. The Contract will come into force from receipt of the booking confirmation, and the Agent will send out the Contract for signing by both the Client and the Artist. The Client and the Artist should sign their respective copies of the Contract and return it to the Agent as soon as possible to indicate their acceptance to these Terms, but failure by the Client or the Artist to sign and/or return the Contract does not constitute a cancellation of the booking nor the rejection of these Terms. Bookings can only be cancelled in accordance with clause 6 of these Terms.
2.2
Mistakes in the Contract. It is the responsibility of the Client and the Artist to ensure that the details of the booking are accurate (e.g. that the Price, Event Date and Venue are correct, as well as load-in times, provision of food, band-room, parking permissions, dress code etc). Errors in the hiring details as just give in the previous examples, should be notified to the Agent without delay, and in any event no later than 14 days following the booking confirmation, except where the Event Date is within 14 days of booking confirmation, in which case the Agent must be notified within 24 hours of booking confirmation. Where possible, the Agent will attempt to rebook the Artist, but should this not be possible, the Artist or the Client may cancel the Contract. If the Contract is cancelled under this clause 2.2, the cancellation fees in clause 6 will not be payable, but the Deposit remains payable and may not be refunded.
2.3
Booking Notes. The Agent, on behalf of the Artist, may agree with the Client special conditions in respect of a Performance. Such special conditions will be set out in the contract, both with the Client and Artist. It is the responsibility of the Agent to ensure that special conditions of hire are included on both contracts and are consistent in both.
2.4
Altering the Contract and/or the Event. If either the Artist or the Client wish to alter the Contract or the Event, the following provisions apply:
All negotiations between the Client and the Artist in respect of an alteration should be done through the Agent where possible.
If agreement is reached on a proposed alteration, the Agent will confirm any changes to the Deposit and Balance, the timing or any other matter with the Client and the Artist.
If agreement cannot be reached on a proposed alteration, the Contract will continue in its original form unless specifically ended by the Client or the Artist in writing in accordance with clause 6.
Matters that arise on the Event Date (whether unavoidable situations or pursuant to clause 5.4) can be resolved by the Client and the Artist directly, but the Agent must be notified as soon as possible of the outcome.
Save for in the specific instances set out elsewhere in this Contract, any alterations to this Contract must be carried out in accordance with this clause 2.4 otherwise such alterations will be invalid.
2.5
Keeping the Contract safe. The Agent will keep an electronic copy of the Contract for its records. The Artist and the Client should keep their own copies of the Contract for their own records, but the Agent will provide copies of the Contract upon request.
CLIENT’S RESPONSIBILITIES
3.1
Standard requirements. By entering into the Contract, the Client confirms to the Artist that it will:
take reasonable steps to prevent:
the use of the Artist’s equipment and instruments by other performers or persons without the consent of the Artist;
the loss, damage or theft of the Artist’s equipment and instruments by the Client or its guests or agents for the duration of time that the Artist is at the Venue; and
aggressive or abusive behaviour towards the Artist by the Client or its guests and agents and, should such behaviour occur, the Client will remove the perpetrator;
ensure that the Venue:
has a safe source of power;
has a safe area for the Performance (safety includes protection from rain and inclement weather)
is suitable for the Artist and all its equipment and instruments, in particular (but without limitation) by confirming if the Venue has a sound limiter (and if so, what the decibel threshold is) and that the Venue holds all appropriate licenses; and has a convenient space as close as possible to the Performance area, where the Artist may legally park their vehicle(s) for loading and unloading their equipment;
inform the Artist of any and all regulations and requirements of the Venue which may apply to it and/or the Performance; and
comply with any specific requests set out in the contract or other reasonable requests made known to the Client by the Artist or the Agent before the Performance ('riders').
3.2
Suitability of the Venue. It is the Client's responsibility to ensure the Venue is suitable for the Artist and non-performance of this Contract by Artist due to Venue restrictions will not entitle the Client to any refund of, or reduction to, the Balance, which will remain payable in full.
3.3
Variations to these requirements. The requirements of this clause 3 are the standard minimum requirements expected of the Client for their Event. Further requirements, or specific waivers of any of the standard requirements, may be agreed between the Client and the Artist (including as to the cost implications of any such variation) separately in writing. The Agent must be informed of any separate agreement between the Client and the Artist.
3.4
Breach of this clause. The Artist may, at its option, treat the Client’s breach of this clause 3 as a cancellation by the Client under clause 6.1. In addition to any other charges due under clause 6.1, the Client will be responsible for:
the reasonable cost of repairing any damage to, or replacing any, property of the Artist (to the extent that such cost is not covered by the Artist’s insurance policies); and
any loss of revenue actually suffered by the Artist, that arises as a direct consequence of the Client’s failure to comply with this clause 3 (to the extent that such loss of revenue is not covered by the Artist’s insurance policies).
ARTIST'S RESPONSIBILITIES
4.1
Standard requirements. By entering into the Contract, the Artist confirms to the Client that:
it will provide a performance that is to the best of its ability, and reflects fully the likeness of the Artist's show, as known by the Agent, and as advertised to the Client via distribution of the Artist's promotional materials, pictures, videos, audio recordings, and web page, etc.;
it will make every effort to ensure its performance is outstanding, adheres to the Client’s wishes within all reasonableness, be polite and courteous with the Client, its guests, and all Venue staff and contractors;
it will communicate promptly and reliably as reasonably required by the Client and Agent;
it will properly record all communications, requests and directions from the Agent and Client in order to ensure the reasonable wishes of the Client are met at the Event;
(for musical bookings only):
it will try its best to follow the musical preferences of the Client in relation to the selection of songs from the Artist’s advertised repertoire to be performed at the Event, but does not guarantee that all requests can be met, or that any specific order of songs can be met; and
it will perform all special song requests that are integral to the booking negotiation (e.g. a specific song to be performed for the arrival of the bride), provided that they have been agreed as part of the initial booking
it will provide all equipment required to undertake the Performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artist's responsibility to ensure the good working order and safety of its own equipment, and to obtain all necessary insurances and certification;
it will hold suitable vehicle breakdown cover which includes ‘onward travel’ to ensure it can be towed to the Event if required and if feasible;
its fee is inclusive of all expenses (except those that have been itemised or accounted for separately in this Contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc. and covers all payments whatsoever due to all members comprising the Artist (if the Artist is more than one person);
it will refrain from the excessive drinking of alcohol before, during and after the Performance and at all times when the Client or its guests are present;
it will not under any circumstances partake of any illegal drug use on the Event Date, or whilst at the Venue, or whilst in the presence of the Client, its guests, Venue staff or other associated suppliers or artists;
it will comply with all rules and regulations of the Venue made known to it;
it will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, the Agent or the Client;
at the time of agreeing to this Contract, it will not be under any contract or other obligation to a third party that might preclude it from carrying out the Performance;
it will be suitably dressed during the Performance in line with the Artist’s image and/or act or as agreed in the contracts;
it will not distribute business cards or any promotional materials bearing alternative stage names or its personal telephone number and/or address, or any other contact details (other than those of the Agent), to the Client and its guests or to the Venue and its staff or contractors; non adherence to this term will invalidate all payment to the Artist
it is not employed by the Agent or Client and it is solely responsible for its own accounting and the payment of VAT and other taxes arising in connection with the Performance and for all National Insurance contributions in respect of each member of the Artist; and
it maintains its own Public Liability Insurance (a minimum cover of £10,000,000) and its own equipment and vehicle insurance, and carries out regular P.A.T. testing of its equipment.
4.2
Sound limiters and volume. In the case of musical bookings, the Artist will deliver the Performance in the manner, and at a volume, that suits the style of music that it performs. The volume and sound level of any equipment can be adjusted as the Client reasonably requests, should the Client request such an adjustment, or as the Venue may require. Where the Venue’s sound and volume requirements are not made known to the Artist at the time of the booking, or where the Client requests the adjustment, the Artist cannot guarantee the quality of the Performance, and there will be no reduction in, or refund of, the Balance where the Performance is affected due to the Artist complying with this clause 4.2.
4.3
Variations to these requirements. These requirements can be varied on agreement (including as to the cost implications of any such variation) between the Client and the Artist separately in writing. The Agent must be informed of any separate agreement between the Client and the Artist.
4.4
Breach of this clause. The Client may, at its option, treat the Artist’s breach of this clause 4 as a cancellation by the Artist under clause 6.2.
PRICE AND PAYMENT
5.1
Where to find the Total fee for the booking. The Total fee is stated in the contract between Agent and Client.
5.2
What is included in the Total fee. The Total fee includes:
the Deposit;
the Balance
5.3
What is included in the Balance. The Balance includes as a percentage of the total fee:
the Artist’s fee for the Performance; Agents booking fee
VAT (where applicable); and
(unless otherwise specified in the Booking Form) the Artist’s expenses (including, but without limitation, costs of travel, all additional equipment, parking, accommodation, dressing rooms and technical requirements).
5.4
What is not included in the Balance. The Balance does not include:
refreshments (see Artist Food & Drinks Requirements on the Booking Form);
extended performance fees or late finish fees (see clause 5.4 below);
cancellation fees (see clause 6 below);
additional expenses agreed between the Client and the Artist that are not stated on the Booking Form or which are expressly stated to be excluded from the Balance; and
compensation for breaches of the Contract.
5.5
The Balance may vary. The Balance may change in the following circumstances:
Extended performances. If the Artist is requested, and agrees, to perform for longer than the time specified on the Booking Form, the Client will pay to the Agent an extended performance fee equivalent to the pro-rated Balance + 20%. This extended performance fee is payable on the Event Date.
For example only, if the Artist was originally booked for a 2-hour performance costing £2,000 in total, and agrees to extend the performance by 30 minutes (i.e. a further 25%), the extended performance fee would be: £500 (25% of the Balance on account of an extra 25% of performance) plus £50 = £550.
Late finishes. If the Event runs late and the Artist is asked, and agrees, to finish later than the finish time stated in the contract, the Client will pay to the Artist a late finish fee equivalent to 20% of the Balance for every 30 minutes over run. This late finish fee is payable on the Event Date directly to the Artist.
Earlier arrival. If, after booking is confirmed, the Client requires the Artist to arrive earlier than contracted, and the Artist agrees, the Balance may increase to account for the Artist’s additional time at the Venue. This will be agreed between the Agent, Artist and Client.
The Artist has the right to refuse to extend the Performance, finish late or arrive early without penalty. There will be no reduction in the Balance if the Event runs late such that the Artist is unable to complete the Performance, unless the Event runs late due to the actions of the Artist.
5.6
When the Client must pay. The Client must pay:
The Deposit. The Booking is confirmed only once the Deposit has been received by the Agent. The Deposit is non-refundable, save for in the specific circumstances set out in the Contract and as required by law.
The Balance. Unless agreed otherwise, the Balance is payable by the Client directly to the Agent within 24 hours of the performance. The Agent will have no liability to the Artist for late or missed payments where the Client has not paid the balance to the Agent in full but will endeavor to recover the owed balance by whatever legal means are at his disposal.
Additional fees. No payment of sums other than cash tips or gifts should ever be given directly to the Artist, however a tip can also be made by adding it to the Balance total by bank transfer or card payments. The Agent should be made aware that such overpayments are for the purposes of tipping the artist, which will allow the Agent to include the tips to the Artist in a single transaction.
5.7
How the Client can pay. Payment of the Deposit, and any advance payment of the Balance paid to the Agent, can be made by debit/credit card or bank transfer (details provided on the invoice).
5.8
Interest may be charged by the Agent. If the Client does not make a payment by the due dates specified in the Contract, and if the Agent has not agreed extended payment terms, then interest at the rate of 3% above the base lending rate of the Bank of England from time to time will be charged on the overdue amount. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. The Client must pay interest together with any overdue amount.
5.9
What to do if an invoice may be wrong. If an invoice appears to be wrong, please contact the Agent promptly. No interest will be charged until the dispute is resolved. Once the dispute is resolved interest will be charged on correctly invoiced sums from the original due date.
CANCELLATIONS
6.1
Cancellation by the Client:
All cancellations by the Client must be made in writing to the Agent, and the Client must ensure that it receives a written acknowledgement of the cancellation from the Agent, who will notify the Artist. All cancellations will be subject to the following terms:
The Client’s right to end the Contract. The Client is entitled to cancel the booking in the following circumstances:
Where the Event date is more than 14 days after booking confirmation, and more than 13 days from the time of cancellation, the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Agent in the following 12 months;
Where the Event date is less than 14 days after booking confirmation, cancellation can be made within 24 hours of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Agent in the following 12 months;
in the circumstances set out in clause 2.2;
in accordance with its rights in clause 7; and
on the occurrence of a Force Majeure Event (in which case clause 11 applies).
All other cancellations and the cancellation fee. In all other instances, if the Client cancels the Contract it will be liable to pay a cancellation fee, which will be calculated as follows:
Up to 18 months before Event Date = loss of Deposit only;
Between 18 and 12 months before the Event Date = loss of Deposit + cancellation charge of 25% of the remaining balance excluding travel costs;
Between 12 and 6 months before the Event Date = loss of Deposit + cancellation charge of 50% of the remaining balance excluding travel costs;
Between 6 and 3 months before the Event Date = loss of Deposit + cancellation charge of 75% of the remaining balance excluding travel costs; and
Within 3 months of the Event Date = loss of Deposit + cancellation charge of 100% of the remaining balance excluding travel costs.
The cancellation fees set out above compensate the Agent and Artist for their anticipated loss of revenue from the Event and take into account the anticipated likelihood of the Agent and Artist securing an alternative booking for the Event Date.
Payment of cancellation fee. The cancellation fee will be calculated by the Agent and notified to the Client shortly following receipt of the Client’s written cancellation. Cancellation fees must be paid to the Agent within 14 days of the Event Date. The Agent undertakes to forward such payment on to the Artist within 7 days of receipt of cleared funds.
What happens if an alternative booking is secured. The Artist and the Agent will use reasonable endeavours to secure an alternative booking for the Artist on the Event Date at a commercially reasonable price. If the Artist does secure an alternative booking on the Event Date then the cancellation charge will be reduced to the loss of Deposit plus the difference between the Balance and the equivalent amount for the alternative booking (if any). Refunds of cancellation charges will be paid to the Client within 14 calendar days following the Event Date.
6.2
Cancellation by the Artist:
All cancellations by the Artist must be made in writing to the Agent, and the Artist must ensure that it receives a written acknowledgement of the cancellation from the Agent, who will notify the Client. All cancellations will be subject to the following terms:
The Artist’s right to end the Contract without charge. The Artist is entitled to cancel the booking without charge in the following circumstances:
Where the Event date is more than 14 days after booking confirmation, cancellation can be made within 24 hours of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Agent in the following 12 months;
Where the Event date is less than 14 days after booking confirmation, cancellation can be made within 24 hours of booking confirmation, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Agent in the following 12 months;
in the circumstances set out in clause 2.2, in which case the Deposit will (at the request of the Client) be refunded to the Client or be credited against the deposit due on another booking made via the Agent in the following 12 months.
Cancellation fees. If the Artist cancels the Contract for any other reason, it will be liable to pay the following cancellation fees:
to the Client where a replacement artist is found in accordance with clause 6.2(c) below, the difference (if any) between the Balance and the fee charged by the replacement artist (if such fee is higher than the Balance), up to a maximum higher price difference of 20% of the Balance; or
to the Client where a replacement artist is not found in accordance with clause 6.2(c), all sums paid in advance on account of the Balance, whether paid to the Agent or the Artist, and the Deposit within 7 days of the Client’s notification that it does not want to use a replacement artist.
Artist replacement on cancellation. On the Client’s request, the Agent will attempt to find a suitable replacement artist of similar standard, style and cost in the event of a cancellation by the Artist. Should a replacement artist be found to the Client’s reasonable satisfaction, there will be no refund of any part of the Balance already paid (if any), which will be applied towards the fee for the replacement artist.
6.3
Cancellation by the Agent:
The Agent, in its absolute discretion (based on its longstanding knowledge of the Artist and industry norms), where it reasonably considers it to be in the Client’s or the Artist’s best interest, may cancel the Contract on written notice to the Artist and the Client, subject to the following terms:
The Agent’s right to end the Contract. The Agent, in its absolute discretion, is entitled to cancel the Contract in the following circumstances:
where the Artist or the Client, at any time within an 18-month period breaks the terms of a contract for events booked with other clients or artists (as applicable) of the Agent, for any reason not covered by the applicable Force Majeure clause;
where the Artist or the Client repeatedly fails, when asked, to communicate promptly or reliably with each other, the Agent, or any other person fundamental to the satisfactory and complete performance of this Contract;
where the Artist fails to provide evidence satisfactory to the Agent of its insurance coverage;
where the Agent reasonably believes that the Artist will not attend the Event or will not carry out the Performance to a suitable standard or as expected based on the likeness of the Artist as known to the Agent via the Artist's promotional materials at the time of the Contract is made; or
where the Agent reasonably believes that the Client will not pay the Balance, or will not provide a safe environment in which the Artist can perform.
Consequences of cancellation by the Agent. If the Contract is cancelled by the Agent, that will be deemed to be a cancellation by the Artist or Client (as applicable) without cause and the provisions of clauses 6.1 and 6.2 above (as applicable) will apply.
USE OF ALTERNATIVE OR DEPUTY PERFORMERS
7.1
Application of this clause. This clause specifically addresses the use by the Artist of alternative or substitute performers within its act. It does not apply to the use of any replacement artist by the Client in the event that the Artist or Agent cancels the Contract. The terms on which any replacement artist is engaged will be set out in a separate contract.
7.2
Line-up. Wherever possible, the Artist will utilise the line-up as represented to the Agent and the Client, unless the need arises to substitute a performer due to unforeseen circumstances. However, the Client acknowledges that the Artist’s line-up is subject to change between the booking and the Event and that this will occur without notice to the Client unless the Artist is of significant celebrity.
7.3
Use of substitute performers. The Artist may have substitute performers ‘on-call’ and reserves the right to use one or more of these should the need arise. The Artist agrees that any substitute performers utilised will have equivalent ability to the performer replaced and will represent the Artist to the customary manner in which the Artist has portrayed itself to the Agent and the Client.
7.4
No right to Artist cancellation. If a member of the Artist’s line-up becomes unavailable and a suitable substitute performer is available to fulfil the booking under the agreed terms, the Artist must use the substitute performer and may not cancel the Contract under clause 6.2.
7.5
No reduction in fee or grounds for cancellation. The Client is not entitled to a reduction in the Deposit or Balance in the event that a substitute or alternative performer or performers is/are used, and neither will the use of a substitute or alternative performer constitute grounds for cancellation unless any of the following apply:
the performer replaced is a celebrity or (for musical Performances) the lead singer, save for where the Client is notified in advance (whether via the Agent’s website or directly by the Agent or the Artist) that such replacement may occur, in which case clause 7.6 below will apply; or
(for musical Performances) the Performance is substantially different to that which was advertised; or
the substitute performer is not, in the reasonable opinion of the Agent, based on evidence provided by the Client (e.g. mobile phone video footage or other evidence), of the same professional competence as the performer who is replaced.
7.6
What happens when the Artist’s line-up significantly changes. Where the Artist permanently changes a performer who is a celebrity or its lead singer, the following terms apply:
the Artist must inform the Agent of the change immediately and provide new promotional materials as soon as reasonably practicable;
the Agent will promptly inform the Client of the change and provide the new promotional materials as soon as it receives them from the Artist;
if the Client accepts the change, it should notify the Agent and there will be no change to the Contract;
if the Client does not accept the change, it should notify the Agent, who will attempt to resolve the issue with the Artist or secure a replacement artist of reasonably similar standard, style and cost to the Artist;
if the replacement artist is acceptable to the Client:
the Deposit, and any prepaid sums, will apply to such replacement artist; or
if the replacement artist is not acceptable to the Client, the Client may cancel the Contract and all advanced payments in respect of the Balance (if any) will be refunded, but the Deposit may be retained (in full or in part).
The Client must inform the Agent if it does not accept an alternative/substitute performer or a replacement artist. Failure to do so will be deemed to be an acceptance of such alternative/substitute performer or replacement artist.
PHOTOGRAPHY & FILMING
8.1
Photographs and films by the Client. Unless the Artist has expressly prohibited the taking of photographs or video of the Performance on the Booking Form (see the Booking Notes section) then the Artist grants the Client the right to take photographs and video of the Performance for personal use only, or for the purpose of documenting the Event. The Client may not use any photos or video of the Performance for any commercial purpose without the prior written consent of the Artist.
8.2
Photographs and films by the Artist. Unless the Client has expressly prohibited the taking of photographs or video of the Event (including the Performance), at the time of making a contract, or unless prohibited by the Venue, then the Client consents that the Artist may take photographs and video footage at the Event for use in the promotional and marketing activities of the Artist, subject always to the Right to Removal set out in clause 8.4 below. The Artist undertakes that any photographs and/or video taken will not represent the Client and its guests, or the Venue and its staff, in a derogatory manner.
8.3
Assignment of copyright. The Client assigns to the Artist any interest in the copyright in the photographs and/or video which the Artist takes and waives any right to any payment for the use of any of the photographs and/or video. The Client agrees that this clause 8.3 is for the benefit of the Artist and any licensee or assignee of the Artist
8.4
Right to Removal.
If the Client is unhappy with any or all of the photographs and/or video taken by the Artist at the Event, they may request that the Artist remove them and that they are not used again in the future.
The Artist will comply at their discretion and the Client accepts that it may not be possible to remove an image or video from a location that the Artist does not directly control, or from published documents in which they have already appeared.
RESPONSIBILITY FOR LOSS OR DAMAGE
9.1
Responsibility of each party. Each of the parties to this Contract must use its reasonable care and skill in complying with its various obligations in this Contract.
9.2
Consequences of non-compliance. If a party fails to comply with this Contract, it will be responsible for loss or damage suffered by the other parties that is a foreseeable result of that non-compliance, but it will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, the parties knew that it might happen, for example, if it was discussed during the sales process.
9.3
The total amount of losses that can be recovered is capped. No party will be responsible for any losses of the other parties that, whether on its own or taken together with other losses, exceed the Total price of the Contract unless such loss(es) is(are) caused by the negligence of a party or a deliberate act taken in bad faith by a party.
9.4
No liability for Client’s business losses. Neither the Agent nor the Artist will have any liability to the Client for any loss of profit, loss of business, business interruption, or loss of business opportunity suffered by the Client.
9.5
No exclusion or limitation of liability where it is unlawful to do so. There is no limitation to the liability of any party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for breach of statutory rights.
9.6
Summary of the Client’s legal rights. For detailed information of the legal rights available to the Client, please visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06.
DATA PROTECTION
10.1
Use of the Client’s personal data. The Agent will only use the Client’s personal data as set out in the Agent’s privacy policy where the term: https://www.cocktailhourjazz.com/privacy-policy/ should be understood to also mean jazzbandlondon.com (available here: https://www.cocktailhourjazz.com/privacy-policy/). The Artist will only use the Client’s personal data in order to attend the Event and carry out the Performance and to otherwise exercise its rights, and comply with its obligations, in this Contract. The Client should contact the Artist for more information if desired.
FORCE MAJEURE
11.1
What is a Force Majeure Event. A "Force Majeure Event" occurs when a party is unable to comply with its obligations under this Contract for a reason outside of its reasonable control (such as war, fire, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, a member of the Armed Forces being called up for active duty, changes in law, foreign government policy and act of God). It will generally, but not necessarily, be unforeseeable.
11.2
What is not a Force Majeure Event. It is only a Force Majeure Event when the person named as the Client is sick or dies (or, in the event of a wedding, the intended spouse is sick or dies) and not when any other attendee(s) at the Event is(are) sick or dies unless due to an epidemic or other similar event with broad effect. Where the Event is a wedding, “cold feet” or any other separation (whether temporary or permanent) of the wedding party is not a Force Majeure Event. Finally, where the event arises due to the act or omission of the affected party, or any person authorised by it, that is not a Force Majeure Event.
11.3
What happens if there is a Force Majeure Event. On the occurrence of a Force Majeure Event, the affected party should notify the Agent immediately in writing or via the Agent’s emergency telephone number (detailed on the Booking Form). The Agent will notify the other party and will work with both parties to try to resolve, or lessen the effect of, the Force Majeure Event. Any obligation of the affected party that can no longer be performed due to the Force Majeure Event will be delayed until the Force Majeure Event ends, or the Contract is cancelled in accordance with the terms of clause 11.4. In all instances of a Force Majeure Event, the affected party must make a reasonable effort to lessen the effect or duration of the Force Majeure Event.
11.4
Cancellations due to a Force Majeure Event.
Cancellation by the Client due to a Force Majeure Event.
If a Force Majeure Event affecting the Client is so substantial in its effect, or occurs so close to the Event Date, that the Client cannot reasonably be expected to continue with the Event, then it may choose to cancel the Contract in accordance with the terms of this clause 11.4(a).
If the Client chooses to cancel the Contract, it must inform the Agent, and the Client must ensure that it receives a written acknowledgement of the cancellation from the Agent, who will notify the Artist.
If the Contract is cancelled due to a Force Majeure Event, the Deposit may not be refunded in full, but the Agent will refund all other sums paid to it in advance on account of the Balance.
The Client may choose to still host the Event, but on a smaller scale. If the Artist agrees to still perform, this will be treated as a cancellation and re-booking of the Artist and the Balance and Deposit will be adjusted accordingly. If the Artist does not agree to still perform, the terms of clause 11.4(b) will apply.
Cancellation by the Artist due to a Force Majeure Event.
If a Force Majeure Event affecting the Artist is so substantial in its effect, or occurs so close to the Event Date, that the Artist cannot reasonably be expected to continue with the Performance, then it may choose to cancel the Contract in accordance with the terms of this clause 11.4(b).
If the Artist chooses to cancel the Contract, it must inform the Agent, and the Artist must ensure that it receives a written acknowledgement of the cancellation from the Agent, who will notify the Client.
The Agent will attempt to find a suitable replacement artist of similar standard, style and cost, and will attempt to contact the Client to notify it of the situation and any replacement artist options, but the Agent cannot guarantee a like-for-like replacement artist.
If the Client agrees to a replacement artist, the Client will be liable to pay the difference in cost of the replacement artist, if the cost is more.
Where the Agent finds a suitable replacement artist but the Client refuses such replacement artist, all sums paid in advance on account of the Balance will be refunded but the Client may not be refunded the full amount of the Deposit.
The Client accepts that the Agent may not be able to source a replacement Artist at very short notice and, should this be the case, all sums paid in advance on account of the Balance will be refunded but the Client may not be refunded the full amount of the Deposit.
COMPLAINTS PROCEDURE
12.1
How to complain. Please contact the Agent using the details given in clause 1.6 above. Complaints about the Performance must be made within 30 days following the Event Date.
12.2
The Agent as mediator. The Agent cannot be held responsible for the actions or failures of either the Client or Artist, but will use commercially reasonable endeavours to settle disputes without the need for either party to take legal action against each other and to come to an amicable agreement over any refund or expense which may be due. Once a written complaint has been made by the Client or the Artist, the Agent will contact the other party to discuss the complaint and request a written statement detailing their version of events.
12.3
Non-settled complaints. If the Agent cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties will be entitled to take further legal advice and pursue any course of action that they deem necessary.
12.4
No set-off or discount. The Client will not be entitled to set-off any discount it feels it is due against the payment of the Balance and must still pay the Balance in full when due. Failure to pay the Agent in accordance with this Contract will incur the charges outlined above.
12.5
Complaints in respect of an altered Contract. 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 the Agent in writing, will be dealt with between the Client and the Artist directly and the Agent will not mediate over such dispute, and all Balances should still be paid on time in accordance with the contract and subject to all the penalties of late payment outlined above.
OTHER IMPORTANT TERMS
13.1
Transfers of the Contract. No party may transfer its rights and/or obligations under this Contract to any third party without the previous consent of the other parties.
13.2
Third party rights. Apart from the Agent, where specified in the Contract, no third party will have any rights to enforce any part of this Contract.
13.3
If a court finds part of this Contract illegal, the rest will continue in force. Each clause of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
13.4
A delay in enforcement does not prohibit later enforcement. If any part of this Contract is not immediately enforced on breach, that does not mean that the obligation has been waived and it may still be enforced at a later date. For example, if the Client misses a payment and is not immediately chased for it, but continues to receive services from the Agent and/or the Artist, it can still be required to make the payment at a later date.
13.5
Which laws apply to this Contract and where you may bring legal proceedings. This Contract is governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
