TERMS & CONDITIONS OF BOOKING
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.
FAILURE TO SIGN THE BOOKING FORM HAS NO EFFECT ON THE VALIDITY OF THESE TERMS AND CONDITIONS.
1.1 Agent: means Select Music Group Limited whose registered office for services of the jurisdiction of the courts is 2 Pavilion Court, Pavilion
Drive, Northampton NN4 7SL (Company Number: 13029394), who acts as negotiator between the Client and Artist as a booking agent. The Agent acts as an employment agency and is not a party to the resulting “Booking Contract” itself. Therefore, the Agent does not accept responsibility for non-fulfilment or breach of any such Booking Contract.
1.2 Artist: means a solo individual Artist/performer or a band and all members of the act and their party.
1.3 Booking Contract: means the contract (Select Music Group Booking Contract with attached Terms & Conditions and any further schedule of
additional requirements agreed between client and artist) between the Artist and the Client for the Artist to perform at a certain time, day and place.
1.4 Booking Fee: means the amounts that are due and payable by a Client in exchange for the Artist’s Engagement and set out within this contract.
1.5 Client: means the person, organisation or company that wishes to hire the Artist via the Agent to perform at their Event, also referred to as “The Hirer”.
1.6 Event: means the performance that the Artist is booked to perform.
2.1 All bookings are subject to the Artists availability on the date requested. Once a booking has been confirmed between the Client and Artist whether verbally, electronically (by email) or in writing both parties will be subject to a legally binding contract and Select Music Group Ltd Terms and Conditions.
2.2 Once a booking has been confirmed between the Client and the Artist either verbally, electronically (by email) or in writing, the Agent will issue a Booking Form to both the Client and Artist to be electronically agreed and returned to the Agent within 7 days of issue.
2.3 All bookings will be subject to Select Music Group Ltd Terms and Conditions. For the avoidance of doubt non-return or non-completion of the Booking Form from any party does not invalidate or terminate the contract.
2.4 The Agent will file both completed Booking Forms and will issue counterpart agreements to both the Client and the Artist only on request.
2.5 Details of the booking may be modified with agreement from all parties concerned. However, all alterations should be notified to the Agent who will continue to act as negotiator in advance of the Event. Where necessary the Booking Form may be amended and reissued to all parties.
3 PAYMENT OF BOOKING FEES
3.1 The Booking Fee is split into two payments: the ‘Deposit’ and the ‘Balance’. The Balance is the amount remaining payable after the deposit has been paid.
3.2 The booking is secured by paying the deposit to the Agent. Payment of the deposit is due within 7 days from issue of the Booking Form, unless otherwise specified in the Booking Form.
3.3 The Balance payment is due to the Agent and cleared funds in the amount of the balance due must be shown in the Agent’s bank account 28 days prior to the commencement of the Event.
3.4 Where the booking is agreed within 28 days of the engagement 100% of the booking fee is payable at time of confirmation.
3.5 If the booking deposit has not been received within the allotted time 7 days after issue of the Booking Form this is perceived as a material breach of contract and releases the Artist and the Agent from any liability and contractual ties. However, the Client will still be liable to pay cancellation fees as specified in Clause 7 and also remain liable for the
3.6 If any payment due has not been paid within 14 days after the Event, the amount may be sought via legal processes or referred to a debt recovery agency by the Artist or Agent and the Client will be liable for any additional fees incurred.
4.1 Cancellation by either party is not allowed except where both the Client and Artist mutually agree to cancel the booking.
4.2 In the event of mutually agreed cancellation by the parties any deposit paid to the Artist by the Agent must be immediately returned to the Agent.
4.3 Both parties agree that in the event of a mutually agreed cancellation the Agent must be informed immediately and that the full booking deposit is non-refundable and will be retained by the Agent.
5 CLIENT CANCELLATIONS
5.1 If the Client terminates the contract for any reason the following cancellation fees will apply:
5.2 Cancellation fee breakdown
• More than 365 days before event: No Fee
• Less than 48 hours after confirmation (unless booking made within 14
days of event): No Fee
• More than 90 days before event: 50% of Full Fee
• More than 60 days before event: 75% of Full Fee
• 60 days or less before event: Full Fee
5.3 The above cancellation fees are inclusive of the deposit, which is non refundable.
5.4 In the event of Client Cancellation, the Agent will attempt to find an alternative booking for the Artist on that date. The Agent however cannot guarantee a booking; therefore, the Artist is free to use alternative sources to fill this date.
6 ARTIST CANCELLATION
6.1 The Artist is not permitted to cancel the booking for any reason.
6.2 If the Artist does cancel for any reason, the Client may pursue legal action against the Artist and the Artist must repay the Agent any Booking Deposit the Artist has received within 7 days of cancellation.
6.3 In the event of the Artist cancelling, the Agent will make every effort to find a suitable replacement Artist at a similar cost. If this is successful and the Client agrees to the replacement Artist, the Agent will transfer the Deposit already paid to the new booking and any additional deposit (where the Artist is of higher cost) will be payable to the Agent within 3 days of booking the new Artist. The remaining Balance due would be to the value of the replacement Artist’s usual fee minus the deposit already paid.
6.4 If repayment of Booking Fees set out above is not made by the Artist within 14 days of the cancellation, the amount may be sought via legal processes or referred to a debt recovery agency and the Artist will be liable for any additional fees incurred.
7 RESPONSIBILLITIES OF THE CLIENT
7.1 The Client must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the Artist by possessing appropriate music and entertainment licenses and no inhibiting noise limiters. For the avoidance of doubt if non-performance or a below par performance by the Artist is due to venue restrictions, the Client will still be liable for payment of the total booking fees.
7.2 The Client should ensure these requirements are investigated prior to the confirmation of any booking with Agent and any relevant information disclosed to the Agent.
7.3 It is also the responsibility of the Client to ensure that the Artist is provided with free parking facilities at the performance venue for all vehicles associated with the Artist’s performance. Should no free parking be available the Client is liable for any parking charges incurred and payment will be made to the Artist on the day of the Event.
7.4 It is also the Clients duty to ensure that the Artist is provided with adequate refreshments throughout their stay at the performance venue. The minimum requirement that must be made available to the Artist is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the artist and their party unless stated differently in the artists rider.
7.5 The Client must also ensure that there is a safe, secure area for the Artist to change in and store equipment and / or instrument cases. The area should be lockable and include chairs for the entire party and a safe source of power.
7.6 Unless given express permission, Artist equipment and instruments are not available for use by any other persons before, during or after the Event.
7.7 If an Artist is subjected to aggressive or abusive behaviour and the Client does not remove the perpetrator the Artist shall be allowed to terminate their performance immediately without penalty. The Client will still be liable for the total booking fees.
7.8 The Client shall not make or permit the making of any audio and/or visual recording or transmission of the musicians’ performance without the prior written consent of the Artist.
7.9 The required elements within this Clause 6 and elsewhere within the Booking Agreement and any Rider must be provided by the Client at their own expense and if not supplied may be considered a breach of contract.
7.10 Provisions outlined in Clause 6 are negotiable between the Client and Artist via the Agent and any modifications should be written into the Booking Agreement.
8 RESPONSIBILLITIES OF THE ARTIST
8.1 The Artist will perform for the Client to the best of their ability at the Event.
8.2 Unless set out in the Booking Agreement, the Artist will provide the relevant equipment in order to carry out the performance at the Event.
8.3 The Artist is responsible for the good working order and safety of their own equipment. All the Artist’s equipment will be PAT tested annually. In addition, the Artist shall have Public Liability Insurance. The Artist is fully responsible for these matters.
8.4 The fee outlined in the Booking Agreement is fully inclusive and not subject to change.
8.5 The Artist is not employed by the Agent and is therefore responsible for their own accounting, tax and legal contributions.
8.6 The Artist shall not drink alcohol excessively before, during or after their performance at the Event. In addition, the Artist will not use illegal drugs on the day of the Event or at the venue itself in any capacity. The Artist should be aptly attired for their performance in line with agreements made with the Client prior to the Event, and they should remain courteous with the Client, guests and employees of the venue. The Artist will not act in any manner that is deemed damaging to the reputation of themselves, the Agent or the Client.
8.7 The Artist must contact the Client directly before the Event in accordance with the time-frame detailed in the Booking Agreement. This Agreement and finalise details such as parking, dress code, refreshments etc.
8.8 It is the responsibility of the Artist to ensure that upon agreeing the booking they are under no obligation to another party in a manner that may interfere with this performance at the Event.
9.1 In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the Agent within 28 days after the Event. The Agent will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the Client and Artist may seek legal advice.
9.2 The Agent is not responsible for the Client or Artist and their failures but will attempt to settle all disputes swiftly and satisfactorily.
9.3 Complaints arising from any arrangements made between the Client and the Artist outside of this contract are the sole responsibility and liability of the Artist and Client and should be settled between the Client and the Artist exclusively.
10 PERFORMANCE SCHEDULE CHANGES
10.1 Where it is not possible to amend the Booking Agreement prior to the Event (e.g. on the day itself), changes should be agreed between the Artist and the Client in writing (email to suffice).
10.2 If an Artist has been asked and agrees to perform later than the agreed finish time specified in the Booking Agreement a satisfactory additional surcharge may be agreed between both parties. The extra payment agreed should be paid to the Artist on the day of the Event.
10.3 If the timings of the Event are overrunning due to no fault of the Artist, the Artist is under no obligation to finish later than the time specified in the Booking Agreement and is still due the full booking payment.
10.4 If an Artist has been asked and agrees to perform for longer than the time outlined in the Booking Agreement (i.e., extend a 45-minute performance to 60 minutes), a satisfactory additional surcharge may be agreed between both parties. The extra payment agreed should be paid to the Artist on the day of the Event. However, the Artist is under no obligation to extend their performance should they not wish to do so.
11 USE OF ALTERNATIVE OR DEPUTY PERFORMERS
11.1 In exceptional circumstances Artist line-ups may be subject to change and this may occur without notice unless the Artist is of significant celebrity.
11.2 The Artist will have the right to provide substitute performers to cover all eventualities and reserves the right to use one or more substitute performers should the need arise. The Artist warrants that any substitute performers utilised will have equivalent ability and represent the Artist to the customary manner in which the Artist has portrayed themselves to the Agent and Client.
11.3 The use of a substitute performer does not constitute grounds for any reduction or increase in the booking fee nor does it constitute grounds for cancellation unless the artist being replaced is of significant celebrity.
12 DATA PROTECTION
12.1 The Agent will keep details of financial transactions for 6 years and details of contracts, confirmations and/or letters of agreement for work negotiated for 1 year after the relevant engagement. Such records may be in written or electronic form.
12.2 The Agent will be required to provide some of the personal information that the Artist / Client provide them to each party to this agreement. Aside from this, the Agent will keep the personal information provided by the Artist / Client on file and will use it only as necessary in relation to this agreement. The Agent will not otherwise divulge such information to third parties without the Artists / Clients express consent except where required to make any such disclosure by law.
12.3 If the Agent receives any information that indicates that the Artist may be unsuitable for any engagement, the Agent will notify the Client as soon as possible and/or investigate such information.
12.4 Select Music Group Ltd are registered with the Information Commissioners Office (ICO) to collect, retain, store and pass on personal information in accordance with the General Data Protection Regulations 2018. Our Registration Number is ZA917094.
13 FORCE MAJEURE
13.1 No party shall be liable for any failure to perform its obligations under this agreement where such failure is as a result of a Force Majeure such as “Acts of God” (including but not limited to; fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, or order of Government or Local Authority.
13.2 Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance.
14.1 A condition of these Terms and Conditions is that the Client may not approach the Artist directly for a period of 12 months from the date of the Client’s Event unless via the Agent.
14.2 In addition, for a period of 12 months after any performance the Artist agrees to refer all potential bookings or enquiries by the Client to the Agent. Where the Artist attempts to exclude or excludes the Agent from potential bookings, enquiries, they shall be in breach of contract, be removed from the Agents artist roster and remain liable for any commission in full against any future bookings of the Artist.
15 MISCELLANEOUS PROVISIONS
15.1 Each party indemnifies the other party against any cost, (reasonable legal expenses), loss, damage or liability suffered as a consequence of any breach of its obligations under this Agreement or the enforcement of this Agreement.
15.2 This Agreement can only be amended, supplemented, replaced or novated by another or supplementary agreement executed by the parties.
15.3 Agent and/or Artist shall be entitled to assign the benefit of this Agreement to any person firm or company provided that Agent and/or Artist shall remain primarily liable for their obligations. The Client may not assign or transfer this Agreement without written approval from both Agent and Artist.
15.4 Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
15.5 The relationship of the parties to this agreement does not form a joint venture, partnership, employment, trust or agency.
15.6 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
15.7 No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.
15.8 Each party must do anything reasonably necessary (including executing agreements and documents) to give full effect to this Agreement.
15.9 If relevant, each party must pay its own legal expenses incurred in negotiating and executing of this Agreement.
15.10 If this Agreement is inconsistent with any other preceding document or agreement between the parties, this Agreement prevails to the extent of the inconsistency. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements in connection with the subject matter hereof.
15.11 This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
15.12 Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
15.13 This Agreement is governed by the laws of England & Wales. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction in England.
WEBSITE TERMS OF SERVICE
These Terms of Service govern your use of our website; by using our website, you accept these terms in full (see below). If you disagree with any part of these terms, do not use our website.
By accessing the website of Select Music Group Ltd you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License
You are not permitted to download or copy materials (information or software) on the website for any purpose.
Specifically, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Select Music Group Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether electronic or printed format.
The materials on the website are provided on an ‘as is’ basis. Select Music Group Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Select Music Group Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Select Music Group Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if Select Music Group Ltd has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of materials
The materials appearing on the website could include technical, typographical, or photographic errors. Select Music Group Ltd does not warrant that any of the materials on its website are accurate, complete or current. Select Music Group Ltd may make changes to the materials contained on its website at any time without notice.
Select Music Group Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Select Music Group Ltd of the site. Use of any such linked website is at the user’s own risk.
Select Music Group Ltd may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
- Governing Law
This notice will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.
- Our Contact Details
The full name of our company is Select Music Group Limited. Our registered address is 2 Pavilion Court, 600 Pavilion Drive, Northampton, United Kingdom, NN4 7SL. To contact us, please email firstname.lastname@example.org.