Terms and Conditions
|Winners of the People's Choice Award: Rock The House Competition 2014|
|Winners of Band Royale 2013|
|Terms and Conditions: Version 1 - October 2013|
These are the terms and conditions of Doug Perkins and The Spectaculars in relation to the band playing live music at your event.
A copy of our terms and conditions will be sent to you at the time of booking and we ask that you read them carefully before signing and returning them to us with your deposit. Please note that bookings cannot be secured without a signed copy of these terms and conditions.
If you have any questions about anything on this page then please do not hesitate to contact Audrey on 07852372048 or email email@example.com
Please read carefully or terms and conditions document which applies to every booking that Doug Perkins and The Spectaculars take. All conditions apply to the band and/or the client.
Our terms and conditions have been designed to offer protection and peace of mind to all parties and to ensure the safety of the band, the client and all guests and customers.
The following definitions apply to these terms and conditions:
|04. Booking Process|
Bookings can be made verbally with a member of the band or the band management team, via email or by telephone. Please note that bookings cannot be taken via social media (including Facebook)
Once the date you have requested has been confirmed in principle, the band management team will issue you the client with a booking form via email for signature. The booking form should be checked by the client and a copy returned to the address provided within 7 days of receipt(the client should keep a copy for their own records)
Once the booking form has been received back by the band management team the client will be issued with an invoice so that they can pay the deposit and also with a copy of the contact.
Clients should be aware that their event date will be reserved for them for up to 30 days and that the date will only be confirmed once the booking form, contract and deposit has been received by the band management team.
The booking form may be modified with agreement from all parties concerned and where necessary the booking form may be reissued.
|05. Payments and Deposits|
Once the booking form has been received back by the band management team the client will be issued with an invoice which will be for the full amount of the band fee. The invoice will be broken down by services requested, deposit amount and any other reasonable expenses as necessary (and previously agreed) such as accommodation and mileage. The invoice will include all payment information such as dates and methods of payment.
Please note (as above Section 04) that the booking can not be confirmed without the deposit.
Once the deposit has been made the client will have the opportunity to pay the outstanding amount in anyway they want (for example monthly installments or full amount) until one month before the event. If the outstanding amount has not been paid before the date of the event the band has the right to terminate the contract without penalty. Additionally, the client remains liable for cancellation fees as outlined in Section 16 of these terms and conditions.
If the client cancels the event at any point and a cancellation fee is applicable a new invoice will be issued to the client for that outstanding amount.
Please note that payment can not be made at the event unless previously agreed at the time of booking (and this will usually apply to Corporate Clients only)
Any outstanding payment owed to the band will be followed up by the band management team for up to 30 days after the event. If payment has not been made after these 30 days all outstanding payments will be referred to a recovery company and will be subject to a surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable. In addition,any outstanding cancellation charges will be passed over to the recovery company.
Please note that a receipt will be issued to the client once all fees have been paid to the band.
|06. Contracts and Agreements|
Once the event date has been confirmed the band management team will issue the client with the following documentation:
|07. Confirmation of Booking|
Once the deposit, booking form and contract has been received the booking will be confirmed to the client by the band management team via email and/or by telephone. A written confirmation will also be posted out to you.
If you have not received confirmation from the band management team within 30 days of you paying the deposit and returning all paperwork, you should contact the band via email firstname.lastname@example.org to confirm that everything is in order.
If the client has agreed to pay additional expenses to the band (for example accommodation, mileage etc) they must be repaid to the band within 28 days of the event. It will be the responsibility of the band to provide all appropriate receipts and invoices to the client to validate costs. Payment of expenses can be paid by bacs. Bank details will be provided to the client at the same time as receipts and invoices. Please note that all expenses will be quoted to the client as an approximate cost at the time of booking.
|09. Health and Safety|
You agree that it is your responsibility to ensure that the venue is safe for the band to play at and that you will notify us of safety procedures applicable at the venue on or before our arrival. If you the client are not responsible for the venue, it will be your responsibility to work with your event co-ordinator or the venue management team to ensure that the following are in place:
We maintain, inspect, test and operate our equipment to ensure the safety of ourselves, the venue and its management, staff and clients. We shall not be liable for any injury or damage arising from touching or attempted use of our equipment by the venue’s management, staff, the client (and their guests). Copies of inspections and tests are available from the band management team on request.
You agree that you are responsible for the conduct of your clients, staff, and guests. If at any time during the event, we consider that our equipment or ourselves to be under threat, verbally or physically, we reserve the right to terminate the contract without notice. You agree that the full fee shall be payable to us in these circumstances.
|10. Licences, Insurance and Certificate|
You agree that you have the necessary licences, insurances and certificates for us to perform including but not limited to:
If you the client are not responsible for the venue, then you should speak to your event co-ordinator or the venue management team to ensure that these documents are in place. It will be the band's right to ask for copies of these documents if it is deemed necessary.
It will be the responsibility of the band to hold appropriate public or personal liability insurance and these will be supplied you on request by the band management team.
|11. Doug Perkins and The Spectaculars' Responsibilities|
We (the Band) will be responsible for:
|12. Client's Responsibilities|
The client will be responsible for:
If cancellation, non-performance or a below par performance results due to venue restrictions, the client will still be liable for the total fees or cancellation fees. If the client is not responsible for the venue, then it is their responsibility to work with their event co-ordinator or venue manager to ensure these requirements are investigated before the booking and that any relevant information is disclosed to the band management team as soon as possible.
|13. Access to the Venue|
We require at least 60 minutes to set up prior to the performance and at least 60 minutes to pack up after the performance. You agree to inform us if the playing space is not located on the ground floor or special access is required to allow us a longer set up/break down period for our equipment.
Please also see Section 9: Health and Safety and Section 12 Client's responsibilities of these terms and conditions for further details.
|14. Duration of performance|
The performance time of the band is specified in the contract and events form and are as agreed by the client and the band management team prior to the event to suit the needs of the client. Please note that contracted start times are based on the band having access to the performance area at least one hour before the contracted start time.
Unless otherwise agreed in advance, the performance shall normally consist of two sets of 45 minutes duration separated by a break of 15-30 minutes.
Where you require additional performance times not previously agreed, this shall be at our sole discretion and shall be chargeable at a rate to be agreed at the time (no less than £150 per additional hour)additional fees will be required to be paid at the event. The client must be aware that the band are under no obligation to extend our performance should we not wish to do so.
If the timings of the event are overrunning due to no fault of the band, the band are under no obligation to finish later than the time specified in the booking contract and is still due full payment.
We provide our standard quotations on the basis that we will not need to arrive at the venue before 6pm and that we will leave the venue no later than 12.30am. Early arrivals before 6pm and late finishes after 12.30am, require prior arrangement and are subject to additional fees beyond that of our standard quotation for live music.
|15. Delay, interruption, or suspension to our performance|
In the unlikely event that the performance is delayed, curtailed or stopped due to events beyond the band's control then you agree to pay the fee in the full amount. This includes but not limited to:
|16. Cancellation by you (The Client)|
Cancellation by either party is not allowed except where Section 22: Force Majeure’ applies or where the client and the band mutually agree to cancel the booking (this must be provided in writing by both parties). In either event forfeiture of the booking deposit will result.
If you book us and subsequently cancel, you owe us the agreed fee or part thereof as shown below (optionally waived at our sole discretion) and in addition to any previously paid deposits:
If you ask us to stop playing because you decide it is not what you want or we are required to stop playing for any other reason stated within these terms and conditions you the client agree to pay the full amount.
The above cancellation fees are an important part of our agreement and are accepted by the client on receipt of our contract. All cancellation fees must be paid within 14 days of cancelling the engagement.
If, due to Force Majeure, your event needs to be rescheduled, bookings must be rearranged prior to the performance date and the rescheduled date must be within a six month period from the originally booked performance. If Doug Perkins and the Spectaculars cannot reschedule due to lack of availability, a postponement will be treated as a cancellation. If your event cannot be rescheduled prior to the performance, the booking this will also be treated as a cancellation.
|17. Cancellation by Doug Perkins and the Spectaculars (The Band)|
We reserve the right to cancel for any reason though normally that will only occur because of circumstances beyond our control (e.g., illness, incapacity, breakdown of equipment or transportation or, extreme weather conditions). You agree that, if we cancel, we will not be liable for any related cancellation fees or your losses from the event or venue.
If the band needs to cancel the performance we will give the client as much notice as possible and will try to help you with booking an alternative band if you wish or work with you to reach a mutually agreed solution for example play as a three piece or find a deputy musician if it is possible etc.
We will ensure that all fees including deposits are returned to you with 7 days of the cancellation.
If your event is a public event, it will be your sole responsibility to advertise and promote it yourself. If logos are required for posters and other material these can be requested directly from the band or the band managament team, however, the band will require final approval of designs to ensure that their intellectual property is not compromised. If you require the band to provide promotional items this can be arranged at an additional cost to cover design and printing expenses.
The client must be aware that we normally publicise our performances on our website from the date they are booked and thereafter on listings and social networking websites. If you do not wish to have your event advertised via our website or social media please let us know at the time of booking. Please note that we will never publise personal information or share specific details of private events.
You agree that you will fully indemnify us for damage, loss or confiscation of our equipment or instruments on your premises resulting from any act or omission on your part (or your guests/customers) or, failure to comply with these terms and conditions.
|20. Change to bookings|
For advice on amending a booking, please contact Audrey on 07852372048. All amendments to the original booking form are subject to mutual agreement from the band and the client and will need to take into consideration the details outlined in these terms and conditions.
In the event of a dispute or complaint from the client this should be disclosed at the time of the event however, if this is not possible all complaints must be made in writing and forwarded to the band management team within 28 days of the event. A response to the complaint will be given to the client within 14 days of receipt.
If the matter cannot be resolved, or an agreement reached, then the client should seek legal advice. The band will do everything in its power to settle all disputes swiftly and satisfactorily.
|22. Force Majeure|
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including 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, order of Government or Local Authority or Police having jurisdiction in the matter or changes in law.
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. If successfully proven then the cancellation fees outlined above shall be unenforceable.
|23. Commercial Rights|
The client hereby agrees that the performance shall not be recorded or broadcast for commercial gain without the written permission of the band or the band management team. All discussions regarding this should be made before the event.
|24. Photographs of the event, the band and the performance|
We appreciate that during the performance and the event that photographs may be taken of the band, we ask that where this is the case photographs are only used for personal use (to include social networking sites) and are not used for commercial reasons without permission from the band management team. We also ask that any photographs taken of the band and which are used on social networking sites/blogs do not represent the band in a negative manner or in a manner that would damage the band's reputation.
Where photographs are taken of the band by a professional photographer we again ask that they are not used for commercial reasons without the permission of the band management team. We always appreciate been given copies of professional photographs and we will use these appropriately as agreed with the photographer.
|25. Sound Limiters and Volume|
The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the client request such an adjustment.
The band cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
The band cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for a band of its type.
These General Terms and Conditions are governed by and shall be construed in accordance with the laws of England and Wales. In the event of a dispute the English courts shall have jurisdiction.
|Please click here for a PDF version of these Terms and Condition|
|Photograph courtesy of Dave Brown|