Club Muso Terms & Conditions Of Booking
If you do not understand any part of these Terms and Conditions, please contact Club Muso for clarification, or seek legal advice before agreeing to them and confirming a booking.
Upon confirmation of a booking, Club Muso the ‘Agent’ will issue a ‘Contract’ (Club Muso Booking Contract) between the ‘Artist’ and ‘Client’ (in accordance with clause 2) to be signed and returned via online signature system or emailed within five working days. This confirmation, whether verified VERBALLY, ELECTRONICALLY or IN WRITING is a legally binding contract, subject to the following non-negotiable UK Terms and Conditions of booking.
DEFINITION
The following definitions refer to the ‘Contract’ (Club Muso Ltd Booking Contract) and these ‘UK Terms and Conditions’. Club Muso Ltd, Company No. 12942379 is the ‘Agent’, the proposed entertainment booker is the ‘Client’ and the proposed entertainment act is the ‘Artist’.
1 | INTRODUCTION
1.1 | This booking contract is negotiated by the Agent and is made between the Client and Artist. The Agent is not a party of this Contract and therefore shall not be held responsible for a breach of this Contract, however caused.
2 | BOOKING
2.1 | All bookings are confirmed immediately upon agreement of initial booking terms by both the Client and Artist whether this is done verbally, electronically or in writing. The booking is then confirmed.
2.2 | A Contract will be issued initially to the Client to be signed within 5 working days via online signature system or email. It will then be sent to The Artist for counter signature within 3 working days. The Agent will then file the completed contract (copy available upon request) and will store until 6 years after the completion date.
2.3 | The Contract may be modified/changed upon agreement from both Client and Artist, in advance of the event date. If necessary the Agent will re-issue the contract. In this circumstance, the new Contract will void the previous.
2.4 | The agreed total cost and deposit fee owed may change with any alterations agreed by both the Client and Artist.
3 | PAYMENT OF FEES
3.1 | The Deposit payment (required to confirm any booking) is due to the Agent within 5 working days of the issue of the Contract and Invoice. Payment methods for the deposit are as follows:
– Paypal Invoice (Credit / Debit Card online)
– BACS (Bank Transfer)
3.2 | The Artist Fee payment (remaining fee owed; Total Amount minus Deposit = Artist Fee) is due directly to the Artist no later than 7 days prior to the event date. Payment methods for the Artist Fee are as follows:
– BACS (Bank Transfer)
3.3 | The agent is not able to accept payments of the Artist Fee on behalf of the Artists. The Agent only accepts the Deposit Fee upon confirmation of the booking.
4 | LATE / FAILURE PAYMENT OF DEPOSIT
4.1 | If the Deposit payment is not paid within the 5 working days specified it will be deemed to terminate the Contract. The Client will be liable to Clause 6 (Cancellation) and will still owe the Deposit fee.
5 | LATE / FAILURE PAYMENT OF ARTIST FEE
5.1 | The Client must pay the Artist Fee (remaining fee owed) within the specified time (as specified in Clause 3.2). If the Client fails to do so the Artist has the right to terminate the Contract without penalty. The Client would still be subject to the cancellation fee specified in Clause 7.1.1.
5.2 | The Artist has the right to claim interest of 5% on to the balance of any late payments per week overdue.
5.3 | Late Payments will also incur a £50 administration fee, payable by the Client to the Artist within 14 days.
5.4 | If full payment is not made to the Artist within 14 days the debt may be passed to a Debt Recovery Firm by the Artist, sometimes incurring vastly higher costs to the Client.
5.5 | If payment is made by Cheque (although not accepted unless otherwise agreed) and it fails to clear, Clause 5 will apply. The Client will also be responsible for any fees/costs incurred from the Artist’s bank.
6 | CANCELLATION
6.1 | Termination of the Contract is not allowed by either the Client or Artist, except in the case of ‘Force Majeure’ (Clause 18), or unless both parties mutually agree to cancel the booking. Written evidence will be required from both the Client and Artist and the Agent must be informed immediately.
6.2 | In the event of mutual cancellation by both the Client & Artist the Deposit Fee will be retained by the Agent. Any Artist Fee payments already made to the Artist must be refunded to the Client within 7 days.
7 | CLIENT CANCELLATION
7.1 | If the Client terminates the contract for any reason other than ‘Force Majeure’ (Clause 18) cancellation fees will apply. Please see Clause 7.1.1 for a full breakdown. Cancellation fees will be due to the Artist within 7 working days of confirmation of cancellation.
7.1.1 | Cancellation fee breakdown
48 Hours Or More After Confirming The Booking:
– More than 365 days before event: Nil (bar any costs incurred by Artist such as travel expenses booked as confirmed with Client)
– Between 365-180 days before event: 40% of Artist Fee
– Between 180-91 days before event: 60% of Artist Fee
– Between 90-31 days before event: 80% of Artist Fee
– 30 days or less before event: Full Fee
Within 48 Hours Of Confirming The Booking:
– 8 or more days before the event: Nil (bar any costs incurred by Artist such as travel expenses booked as confirmed with Client)
– Within 7 days of the event date: Full Fee
7.1.2 | The above cancellation fees are exclusive of the deposit, which is non refundable.
7.2 | In the event of Client Cancellation the Agent will attempt to fix a booking for the Artist for the date. The Agent cannot however guarantee a booking.
8 | ARTIST CANCELLATION
8.1 | The Artist has no authority to cancel the booking for any reason other than ‘Force Majeure’ (Clause 18).
9 | COMPLAINTS
9.1 | In the circumstance of either party wishing to make a complaint, it should be made in writing via the Agent, within 30 days. If an acceptable outcome cannot be achieved or the matter cannot be resolved, both parties should seek legal advice.
9.2 | Full payment must still be made to the Artist even where a complaint has been made. Failure to do so will incur the charges outlined above (Clause 5.2) in these Terms & Conditions.
9.3 | Any dispute made regarding a change to the contract or performance that was agreed by both the Client and Artist, but not discussed with the Agent is to be dealt with directly between the Client and Artist.
9.4 | The Agent is not responsible for any failure of the Client or the Artist.
10 | RESPONSIBILITIES OF THE CLIENT | ALL LOCATIONS
The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Agent, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be discussed and altered in ‘Extra Notes’ section of the contract.
10.1 | The Venue can supply a safe power supply adequate to the Artist’s requirements.
10.2 | The Venue can provide a safe, dry and level performance area that is large enough for the Artist’s performance.
10.3 | The Venue holds any relevant licences required for live performance.
10.4 | The Venue does not have any inhibiting noise limiters. If the venue does have sound restrictions / a limiter installed please find out the decibel (dB) level it is set at and contact the Artist for more information. The Artist cannot guarantee the quality of its performance if an enforced sound level limit is quieter than any instrumentation/music required for the act to perform (such as a live drum kit). The Artist is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
10.5 | The Artist requires an adequate and secure area to change in. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable when venues don’t have this available, but the Artist must be notified prior to confirming.
UK LOCATION ONLY CLAUSES
10.6 | Free Parking should be available to the Artist and all vehicles associated with the Artist (including vans). If no free parking is available the Client is liable to these costs. Receipts and an invoice are to be presented to the Client within 7 days of the event date, with the amount payable within a further 7 days.
10.7 | If the venue is located within a clean air charging zone or requires use of Tolls (such as ULEZ or Congestion in London) the client is liable to these costs. Receipts and an invoice are to be presented to the Client within 7 days of the event date, with the amount payable within a further 7 days.
10.8 | The Artist must be provided with a free reasonable supply of Mineral Water & Soft Drinks for the duration of their stay at the venue.
10.9 | The Artist must also be provided with a hot meal or buffet for all members of their act (including any Audio / Lighting engineers).
DESTINATION (NON-UK) LOCATION ONLY CLAUSES
10.10 | Direct Outbound and Return Flights to and from Artist’s specified airports, including suitable luggage reservations as required by the Artist. All flight routes and timings must be confirmed with the Artist prior to any confirmation.
10.11 | Any necessary Visas, Work Permits or Live Performance Licenses as required to perform in the Client’s International Venue.
10.12 | Transfers to and from the Airport / Accommodation / Venue as required by the Artist, at Venue destination country.
10.13 | Accommodation for all members of the Artist’s party (including any engineers) as per formation specified in Extra Notes section of contract. If room sharing is agreed, each member must have their own bed (males and females must not be expected to share a room unless otherwise agreed) and are under no circumstances expected to share a bed.
10.14 | Free Meals & Mineral Water / Soft Drinks should be available for the duration of the Artist’s stay at the destination. If meals and drinks are not available at the Venue or Accommodation, the Client agrees to make ‘Per Diem’ payments per member, per 24 hours, to the Artist. Rate of ‘Per Diem’ payments to be agreed prior to the event, and must meet suitable substance costs in the venue location. An invoice is to be presented to the Client within 7 days of the event date, with the amount payable within a further 7 days.
10.15 | AV & Backline Equipment (Sound, Lighting, Instruments, Stage etc) as required for the Artist’s Performance. A ‘Technical Specification’ will be provided.
10.16 | Any necessary COVID or entry related testing required for the Artist to enter the destination country and return to their home country.
11 | RESPONSIBILITIES OF THE ARTIST | ALL LOCATIONS
11.1 | The Artist must ensure that they are under no obligation to another performance/booking that may hinder/interfere with this booking prior to signing the Contract.
11.2 | The Artist will endeavour to perform to the highest standard, in the same manner as is represented by their promotional material.
11.3 | The Artist must hold Public Liability Insurance of minimum £ 10,000,000 cover, with Certificates available for inspection upon every booking.
11.4 | The Artist shall not drink alcoholic drinks excessively (prior, during or post performance).
11.5 | The Artist shall not use illegal drugs at the event venue, or at all on the day of the event.
11.6 | The Artist shall dress in the style as shown in their promotional material at their own discretion, unless otherwise agreed by both parties in advance of the booking.
11.7 | The Artist will always remain courteous and polite to the Client and the Venue throughout the entire booking process, not harming or damaging any reputation between the parties.
11.8 | The fully-inclusive fee agreed by the Artist, that is specified in the Contract for the performance, is not subject to change.
11.9 | The Artist must contact the Client in advance of the event (usually eight weeks in advance, aka ‘Eight Week Call’). This will be to ensure all contracted details are correct and to finalise finer details, such as dress code, refreshments, payment, invoices, parking and performance requests.
DESTINATION (NON-UK) LOCATION ONLY CLAUSES
11.10 | The Artist must supply the Client with any documentation required to obtain Visas, Work Permits or Live Performance Licenses as required to perform at their International Venue.
11.11 | The Artist must supply a comprehensive Technical Specification that clearly states all of the equipment they require to be hired to perform at the Client’s venue. The Artist agrees to help source local companies if required, to discuss their requirements with the company and to obtain a quote. All quotes must be confirmed by the Client.
11.12 | The Artist agrees to help source suitable travel arrangements and accommodation if required by the Client.
11.13 | The Artist must source and pay for all UK Travel and parking as required for duration of their time away.
11.14 | The Artist must hold any relevant business travel insurance required for performance in a none-UK location.
12 | AUDIO / VISUAL EQUIPMENT
12.1 | When included within a booking and specified in the ‘AV Included’ section of the contract, the Artist must provide all relevant equipment as specified, required to perform their act to the highest standard.
12.1 | When AV is not being supplied by the Artist and specified in the ‘AV Required’ section of the contract, the client must supply all requirements as per the Artist Technical Specification (available upon request). In the UK It is highly recommended that all necessary audio / visual equipment required by the Artist is hired via Artisan Productions (recommended AV Supplier). For non-UK destinations, it is usual that a local AV company will fulfil the Artists’ Technical Specification. This will be discussed prior to booking. All equipment must be approved by the Artist prior to confirmation. Failure to do so would give the Artist the right to terminate the Contract without penalty and performance. The Client would still be subject to the cancelation fee specified in Clause 7.1.1.
13 | ARTIST EQUIPMENT
13.1 | Unless given written permission, any equipment supplied by the Artist is not available for use by any other person, guest or performer under any circumstance.
13.2 | The Client must respect that the equipment supplied by the Artist is expensive, fragile and necessary for their livelihood. The Client would be responsible for any damage of equipment caused by any member of their party, and would incur the cost of repair in full. The Artist maintains the right to cut short their performance if any equipment is damaged due to disrespect by members of the Client’s party, but will still be due the full performance fee.
13.3 | Any electrical equipment supplied by the Artist must be annually PAT tested, with Certificates available for inspection upon every booking.
14 | EXPENSES
14.1 | The Client is responsible for the cost of all Artist requirements in Clause 12 only. If the Artist confirms or pays for any requirements (such as Flights, Accommodation etc) on behalf of the Client, the Artist must supply the Client with an invoice within 7 days of making the purchase, with payment due a further 3 days later.
14.2 | The Client is not responsible for any other Artist expenses (including but not limited to rehearsal time, song download) unless otherwise discussed and stated in the ‘Extra Notes’ section of the Contract.
15 | CHANGES TO THE AGREED PERFORMANCE SCHEDULE
15.1 | When possible any changes to the performance schedule should be discussed with the Artist in advance. If this is not possible (eg on the day) changes should be agreed between the Client and Artist prior to the performance.
15.2 | If agreed changes incur a later finish time, an adequate fee should be agreed between both parties. This fee would be due and paid direct to the Artist on the day of the event. Any changes are still subject to these Terms and Conditions.
15.3 | If the event schedule over-runs due to no fault of the Artist, the Artist holds the right to finish at the agreed curfew and is still due the full payment.
15.4 | If the Client makes a request for the Artist to perform longer than specified in the performance schedule, on the event date, the Artist has the right to agree a further fee to do so, payable on the day of the event. They also hold the right to refuse this request, without penalty.
16 | THE USE OF DEP, DEPUTY OR ALTERNATIVE PERFORMERS
16.1 | The Artist should make use of their standard line-up as represented in all promotional material, unless the need arises to use an alternative performer due to unforeseen circumstances. In this instance the Artist will have suitable Dep, Deputy or Alternative Performers available to cover all parties within the act. These performers should have equal ability and competence, and represent the Artist in the same style as displayed in all promotional material. The Artist holds the right to use one or more Alternative Performers without notifying the Client.
16.2 | The Artist must use an Alternative Performer rather than cancelling a booking. On this occasion a reduction in fee is not applicable.
17 | INTERNATIONAL TRAVEL DISRUPTION – NON-UK LOCATIONS ONLY
17.1 | The Artist can not be held responsible for the failings of any travel company booked (including but not limited to flights and transfers). The Artist must do everything they can to arrive at the venue in time to perform, working with the Client to try and rebook any disrupted travel. Any additional costs incurred by alternative travel plans must be confirmed by the Client prior to booking, and any further costs will be the responsibility of the Client.
18 | FORCE MAJEURE
18.1 | Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of its control. Being an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), illness or death, accident, war, terrorism, epidemic, pandemic, national calamity, civil commotion, order of Government or Local Authority having jurisdiction in the matter, changes in law or foreign government policy.
18.2 | In the circumstance of Force Majeure, the affected party shall have to prove it, providing any evidence if they took any action to prevent the circumstance from happening. When proven, cancellation fees as stated in Clause 6.2 will apply.
18.3 | Where an event of Force Majeure prevents the Client from performing its obligations under the Contract or prevents the event from taking place as planned on the Event Date, if the Client chooses to reschedule the planned event to a future date, the Client will where possible, use reasonable endeavours to attempt to reschedule the planned event to a date when the Artist is available, over cancelling the event. In these circumstances the deposit payment will be transferred over to the new booking. The Agent will re-issue the Contract, whereupon the previous Contract shall become void.
18.4 | If a limitation of 30 or less guests is enforced upon events due to Force Majeure, but the Client still intends to go ahead with their event, they have the choice to cancel the Artist without penalty. Cancellation fees as stated in Clause 6.2 will apply.
19 | PHOTOGRAPHY AND VIDEOGRAPHY
19.1 | The Client must let the Artist and/or Agent know in advance of the performance, or as soon as practical, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the Artist and/or the Agent.
20 | JURISDICTION
20.1 | The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
21 | TERMS AND CONDITIONS
21.1 | If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed you are bound to all conditions.
