THE MOST AUTHENTIC WEDDING/PARTY BAND IN EAST ANGLIA AND BEYOND
Terms & Conditions
Below we explain the contract between you, the Client, and the Band.
If you do not understand any part of these Terms and Conditions, please call or email us, or seek legal advice before agreeing to them and confirming a booking.
Definitions
The following definitions refer to the 'Contract' with attached Terms and Conditions, to be taken as a whole.
The Best of Times, is the ‘Band’, 'We', 'Us'.
The ‘Deposit’ is the fee charged by the Band for securing a Contract between the Client and the Band.
The person who books the Band is a 'Client'.
The Band is the person, persons or business providing services to the Client, including but not limited to band performance, additional musician performance, recording, videography or any other additional service as requested by the Client.
When a Client wants to book the Band, the Band will issue both parties with a Contract. This is a simple booking form with attached Terms and Conditions that outlines what the Band will provide to a Client and how much and when a client will pay for the Services.
Separately, the Band will also outline its one-off Deposit to be paid to the Band for organising and securing the Contract between the Client and the Band. This is payable in full in advance before any Contract can be finally confirmed and agreed.
Terms and Conditions of the Contract
1. Introduction
1.1 This contract is made between the Client and the Band.
2. Booking
2.1 All bookings are confirmed immediately upon confirmation of this Contract by both the Client and the Band whether this is done verbally, electronically or in writing, and further when the Band receives its agreed Deposit for organising and securing this Contract. All bookings are subject to the following non-negotiable Terms and Conditions. Lack of completion or signature of the Contract does not terminate or invalidate the proposed agreement.
2.2 A Contract will be issued to both the Client and the Band to be signed, and is due to be returned within 7 working days. Each party should keep a copy of the Contract.
2.3 If a Client wishes to modify of change a Contract they need to inform the Band. The Contract may be modified/changed upon agreement from both the Client and the Band, in advance of the event date. All changes must be notified to the Band in writing who, if necessary, will re-issue the Contract. In this circumstance the new Contract will void the previous.
2.4 The agreed total Contract cost and Deposit owed may change, with any alterations agreed by both the Client and Band.
3 Fees
3.1 Deposits are paid in advance to secure the Contract and are due within 7 calendar days of issuing the Contract and are paid to the Band via bank transfer upon receiving their online invoice. The Client understands, appreciates and agrees Deposits are non-refundable as the Band has to incur costs and undertake significant work up front to prepare for the event. In the unfortunate circumstance than an event has to be unavoidably cancelled or postponed due to Covid 19 or other matters outside your control, as outlined in Clause 16 below, the Band will do all it can to help you including help you to move a booking to an alternative date, if possible.
3.2 Fees paid to the Band 'The Band Fee' are outlined in the Contract and are due to be paid by bank transfer (BACS), to be received as cleared funds a minimum of 30 calendar days prior to the date of the event outlined in the Contract, the ‘Event Date'. The Band’s bank account details, if different from those in the Booking Contract, must be confirmed directly with the Client at least 4 weeks prior to the Event Date.
3.3 If the Event Date is less than 30 calendar days from the date of booking, the Deposit and Band Fee are paid together in full.
4 Late Payment or Failure to Pay the Deposit
4.1 If the Deposit is not paid within the 7 calendar days specified it will be deemed to terminate the Contract, unless otherwise agreed by the Band in writing and the Event Date will no longer be held by the band.
5 Late Payment or Failure to Pay the Band Fee
5.1 The Client must pay the Band Fee no less than 30 calendar days before the Event Date. If the Client fails to do so, the Band has the right to terminate the Contract without penalty. In such an event, the Client will still be subject to the cancelation fees specified in Clause 7.1 of this Contract.
5.2 The Band has the right to claim interest of 5% on top of the balance of any late payments.
5.2.1 Late Payments will incur a £50 administration fee, payable by the Client to the Band before the performance can commence.
6 Cancellation
6.1 Termination of the Contract is not permitted by either the Client or the Band unless both parties mutually agree in writing to cancel the booking. Written evidence will be required from both the Client and the Band. This does not apply if the Client fails to pay the Band Fee, as specified in Clause 5.1 of this Contract.
6.2 Any Contract cancellation by either party does not affect the Deposit which is non-refundable.
7 Client Cancellation
7.1 If the Client terminates the contract for any reason the following cancellation fees will apply:
Cancellation Timescale
More than 365 days before event - No Band Fee
Less than 7 calendar days after confirmation (unless booking made within 30 calendar days prior to the event) - No Band Fee
More than 90 calendar days before event - 50% of Band Fee
More than 60 calendar days before event - 75% of Band Fee
60 calendar days or less before event - 100% of Band Fee
7.1.1 The above cancellation fees are exclusive of the Deposit, which is non-refundable.
8 Band Cancellation
8.1 The Band is not permitted to cancel the booking for any reason, excluding Clause 5.1 of this Contract.
8.2 If the Band does cancel for any reason, excluding Clause 5.1 of this Contract, the Client may pursue legal action against the Band.
8.3 In the event of the Band cancelling, the Deposit taken by the Band will be returned to the Client.
9 Complaints
9.1 In the circumstance of either party wishing to make a complaint, it should be made in writing within 30 days. The Band and Client will liaise with the intention of reaching a resolution. Should this be unsuccessful or the matter cannot be resolved, both parties should each seek their own legal advice.
9.2 Full payment must still be made to the Band even where a complaint has been made. Failure to do so will incur the charges outlined above in this Contract.
10 Responsibilities of the Client
The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to the Band, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the 'Additional Information' section of this Contract.
10.1 The Venue can and will supply a safe power supply.
10.2 The Venue can and will provide a safe, dry and level performance area for the Band and Musicians who are performing.
10.3 The Venue holds any relevant licences required for the Band and Musicians to provide their services.
10.4 The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Band, their set or equipment at any risk of harm.
10.5 The Venue does not have any inhibiting noise limiters. It is imperative that the Band know of any existing noise limiter at least 7 days prior to the Event Date, as the Band may need to bring different equipment to make their performance possible. If the venue has a limiter, please find out the decibel (dB) level it is set at and contact the Band for more information. The Band cannot guarantee the quality of its performance if the dB level of the limiter is quieter than an un-amplified drum kit plus the other instruments and vocals brought to their corresponding levels. The Band is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
10.6 Free Parking should be available to the Band and all vehicles associated with the Band. If no free parking is generally available, the Client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the Client within 7 days of the performance, with the amount payable within a further 7 days.
10.7 The Band must be provided with a free, reasonable supply of drinking water for the duration of their time at the venue.
10.8 The Band must also be provided with a hot meal or buffet for any members of its staff. This is negotiable when the Band is onsite for less than 3 hours.
10.9 The Client must ensure all government guidelines are followed and adhered to for the Band to lawfully provide its services. The Band accepts no liability for any failure to adhere to such guidelines.
10.10 The Client must let the Band know in advance of the performance, should they, or anyone in their party, not wish for any photographs, video clips or audio of the event to be used in future promotional material for the Band.
11 Responsibilities of the Band
11.1 The Band must ensure that they are under no obligation to another performance or booking that may hinder or interfere with this booking prior to signing this Contract, nor take on any such booking or performance subsequent to signing this Contract.
11.2 The Band will endeavour to perform to their highest quality and best ability, in the same manner as is represented in the Band’s promotional material.
11.3 The Band must provide all relevant equipment required to perform their act to the highest standard. This equipment should be annually PAT tested.
11.4 The Band must hold Public Liability Insurance of minimum £1,000,000 cover, with Certificates available for inspection upon every booking.
11.5 The Band shall not drink alcohol excessively (prior, during or post performance).
11.6 The Band shall dress suitably for the occasion, in agreement with the Client's requests and any of the Band’s relevant promotional material.
11.7 The fully-inclusive fee agreed by the Band, that is specified in the Contract for the performance, is not subject to change.
11.8 The Band must contact the Client roughly 4 weeks in advance of the event, unless the booking is made with less than 4 weeks before the date of the performance - in which case the Band must contact the Client as soon as possible after the booking is made. 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.
11.9 The Client reserves the right to cancel the Band booking at any time if the Band breaches any term of this Contract.
12 Expenses
12.1 The Client is not responsible for any other Band expenses (including but not limited to accommodation, travel, rehearsal time, song download) unless otherwise discussed and stated in the 'Additional Contract Notes' section of the booking form and Contract. If any further expenses are agreed, the Band must supply the Client with an invoice within 7 days of the event, with payment due 7 days after that.
13 Band Equipment
13.1 Unless given written permission, the equipment supplied by the Band 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 Band is expensive, fragile and necessary for their livelihood. The Client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.
14 Changes to the Agreed Performance Schedule for the Band
14.1 When possible, any changes to the performance schedule should be discussed with the Band and should be agreed prior to the performance.
14.2 If agreed changes incur a later finish time, a fee of £100 per 30 minutes will be due from the Client to the Band. Any changes are still subject to these Terms and Conditions.
14.3 If the event schedule over-runs due to no fault of the Band, the Band holds the right to finish at the agreed set finishing time and will still be due the full payment.
14.4 If the Client makes a request for the Band to perform longer than specified in the performance schedule, on the event date, the Band will be due a payment of £200 pro-rata per additional 30 minutes of performance time, payable on the day of the event by cash or immediate bank transfer. They also hold the right to refuse this request, without penalty.
15 The use of Dep, Deputy or Alternative Performers for the Band
15.1 The Band 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 Band 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 Band in the same style as displayed in all promotional material. The Band holds the right to use one or more Alternative Performers without notifying the Client.
15.2 The Band must use an Alternative Performer rather than cancelling a booking. On this occasion a reduction in fee is not applicable.
15.3 Band line-up is subject to change without prior notice.
16 Force Majeure
16.1 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 their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.
16.2 In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.
16.3 In a proven case of Force Majeure occurring for a specified period, the Band and Client will endeavour to reschedule where possible and the Contract may be transferred to the new scheduled date where this occurs.
16.4 In any event of Force Majeure the Band will not be liable for any losses incurred by the Client or any associated third parties.
17 Breach of Contract
17.1 The Band reserves the right to void any Contract if it discovers a breach of any of these Terms and Conditions.
18 Jurisdiction
18.1 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 Contract.
19 Terms and Conditions
19.1 If you do not understand any part of these Terms and Conditions, please consult the Band, or seek legal advice. Once signed or agreed you are bound to all conditions.