Terms and Conditions

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  Winners of the People's Choice Award: Rock The House Competition 2014
Winners of Band Royale 2013
 
 
Terms and Conditions: Version 1 - October 2013
01. Introduction

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 contact@dpandthespecs.co.uk

      
02. General

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. 

 
03. Definitions

The following definitions apply to these terms and conditions:

  • Doug Perkins and The Spectaculars (the band)
  • Band Management Team (members of the band or those appointed to work on their behalf)
  • Client (the person or organisation making the booking for the band to play live)
  • Guests/customers(those people invited to attend the event by the client)
  • Venue (the place where the event will take place)
  • Event (function or party arranged by the client, where the band will perform)
 
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:

  • Invoice: outlining all fees and deposit required for the band's performance
  • Booking Form: detailing the requirements of the event (and which will need to be returned to the band management team to secure the booking within 7 days
  • Contract: legally binding contract outlining the band's and the clients responsibilities
  • Event Form: detailing specific information about the event such as final timings, song requests, any special requirements and finishing touches
  • A copy of these terms and conditions to be signed and returned
 
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 contact@dpandthespecs.co.uk to confirm that everything is in order.

 
08. Expenses

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:

  • up to date Health and Safety Policy (and relevant risk assessments)
  • up to date Fire Risk Assessment
  • suitably earthed single phase electricity supplies that will not endanger our safety or damage our equipment and incorporate RCD’s (residual current devices) that have been subject to regular safety inspections as required by law
  • two double or four single sockets nearby to the playing area 
  • a safe place for the transportation, setting up and operation of the band equipment including, but not limited to, a stage or floor space that is flat, non-slip, free from dirt, debris and liquids and capable of safely supporting us and our equipment and clear access to the stage or floor space from outside the venue

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:

  • An up-to-date fire risk assessment for the venue
  • An up-to-date health and safety policy 
  • A premises, personal or event license permitting our live performance
  • Performing Rights Licence
  • Public Performance Licence
  • Public Liability Insurance
  • Employer’s Liability Insurance

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:

  • performing for the client to the highest standard and in the manner in which we have represented ourselves in previous performances and via promotional material such as our website
  • acting professionally and courteously to to the client,their guests and all employees of the venue and other contractors working at the event
  • ensuring that all our equipment is in good working order and meets relevant safety requirements including all portable equipment to be PAT Tested
  • ensuring that we have all relevant and up to date certificates and insurances including Public Liability Insurance
  • refraining from excessive drinking before, during and after the performance at all times when the client or their guests are present
  • acting in a manner that is not deemed damaging to the reputation of the band, the client or the venue
  • being suitably attired for our performance in line with agreements made with the client prior to the event
  • arriving, setting up and performaning as per times outlined on the booking form or subsequently negotiated with the client
  • providing all instruments, microphones, cables, PA or any other equipment deemed necessary for each performance except where the client has already arranged for equipment to be made available
  • ensuring the safety of all equipment used whilst on site
  • leaving the facilities as found on completion of the engagement
  • ensuring that we are not under any obligation to another client which may impact on the event
  • contacting the client at least 7 days before the event to re confirm final details for the event and to finalise any last minute details
  • ensuring that if the band finishes playing before the event concludes that we will breakdown and remove equipment from the venue with the least amount of disruption to the event and to the client's guests as possible 
        
12. Client's Responsibilities

The client will be responsible for:

  • providing full details of the required performance including timings, venue details, contracts and special requirements (the band management team will contact you after the booking has been confirmed to arrange a suitable time to discuss these requirements)
  • providing adequate parking facilities for the band's vehicles. Where no legal parking is available, the client agrees to pay parking expenses
  • providing an appropriate and safe environment in which to perform, that will include a covered performance area on a dry, flat surface and with good access to loading/unloading facilities.  Typically, the band will require a 4m x 3m performance area. 
  • ensuring the band has access to suitable rest area (especially if the client does not want the band to be part of the event when they are not playing)
  • providing a suitable and safe place for unloading and loading of instruments and equipment to and from vehicles and venue - this includes adequate lighting and suitable surfaces
  • providing a suitable place for the band to store cases and other items that are not required for the performance (preferably somewhere that can be locked)
  • ensuring adequate power supplies are available where appropriate.  Typically the band will require a minimum of 4 x 13 amp sockets.  Extension leads, cables and other equipment will be supplied
  • advising of any sound restrictions at the venue or any other restrictions which may affect the bands access or performance
  • providing soft drinks to the band during the event (meals or provision to obtain food should be made available for events that last over 6 hours from time of arrival to end of the breakdown period)
  • ensuring that the venue is able to accommodate the performance of the band by possessing appropriate licenses 
  • ensuring that any photographs taken of the band during the performance are only used for private reasons and not made public without the prior permission of the band or the band management team
  • ensuring that their guests do not interfere with the band's performance
  • ensuring that their guests do not use or touch any of the band's equipment/instruments without prior permission from the band
  • ensuring that the band is not subject to aggressive or abusive behaviour during the performance 
  • any other special requirements as requested by Doug Perkins and the Spectaculars at the time of booking

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:

  • equipment failure
  • power failure
  • noise limiters
  • time restrictions
  • venue’s staff absence
  • smoke detector activation
  • closure of the venue by police, fire brigade or other public authority
  • licensing/certification problems
     
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:

  • More than 90 days notice – No cancellation fee, booking deposit retained
  • 61 to 90 days notice – 25% of the agreed fee
  • 31 to 60 days notice – 50% of total agreed fee
  • 30 days notice or less – total agreed fee

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. 

       
18. Advertising       

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.

      
19. Indemnity       

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.  

   
21. Complaints  

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