This document sets out the terms and conditions when you book The Band. These terms and conditions supplement and act as an overarching contract for the arrangements made via email. Please read these terms carefully and contact us if you have any queries.
ANY CONFIRMATION OF THIS BOOKING WHETHER VERBAL, ELECTRONIC OR IN WRITING IS A LEGALLY BINDING CONTRACT. FAILURE TO SIGN THIS DOCUMENT HAS NO EFFECT ON THE VALIDITY OF THESE TERMS AND CONDITIONS.
Please note that wedding bookings will be bound exclusively by the bespoke contract prepared by the FCB Weddings Coordinator.
DEFINITIONS
In this document, certain words and phrases have particular meanings. A capitalised first letter identifies these words and phrases, and their particular meaning is set out below:
The Band Director Simon Jacobs
The Band Leader A member of The Band with responsibility for The Engagement on the day. The Band Leader will introduce themselves to The Venue on arrival.
The Client The company / individual / organisation booking The Band
The Band Flat Cap Corporate Entertainment
The Engagement The date / time / venue / event The Band has been booked to perform at
The Venue The location The Band has been booked to perform at
Services The entertainment as described in the Email trail that The Band has been booked to perform by The Client.
Email trail Details of the arrangements for the Performance and The Engagement made via email
Performance The sets of music that The Band will perform at The Engagement
Performance Fee The final balance payable 7 days before The Engagement
(Total Fee minus Deposit (if requested))
Total Fee The Performance Fee + Deposit (if requested)
Deposit The fee that may be requested to confirm a booking with The Band
Invoice Document provided to confirm Performance Fee around 1 month prior to The Engagement
TERMS AND CONDITIONS
1) Certain rules apply to the interpretation of these terms and conditions, as follows:
a) Use of the singular includes the plural
b) Reference to one gender includes all genders
c) Reference to ‘a person’ includes a reference to a company, firm or unincorporated association
d) Use of the words ‘writing’ or ‘written’ includes email.
2) These terms and conditions apply when The Client confirms The Engagement with the Band Director. Any booking whether confirmed verbally, electronically or in writing forms a legally binding contract and brings these terms and conditions into force. Failure to physically or electronically sign the booking form has no effect on the validity of these terms and conditions if agreed verbally or in writing elsewhere as specified in clause 1.
3) Only Services recorded in the Email trail are confirmed by The Band Director.
4) Any variation to the Services stated in the Email trail must be agreed in writing and confirmed by The Band Director.
5) It is the responsibility of the Client and the Artist to ensure that the Email trail is accurate (e.g. that the price, performance date and The Venue are correct, and that all necessary details have been agreed in writing with The Band Director).
a) Errors on the Email trail should be notified to The Band Director without delay.
b) If errors have been made in the Email trail, where possible The Band Director will amend the details of The Engagement, but should this not be possible, The Engagement may be cancelled by The Band Director.
c) Cancellation under clause 5 is not permitted if the Email trail is amended in the run up to The Engagement, or the booking was made less than 8 days before the engagement; in this case, clause 9 applies.
6) The Client will be invoiced for the Performance Fee agreed on the Email trail around a month prior to The Engagement. The Client must arrange payment of the Performance Fee to clear at least 7 days before the engagement using the details provided by The Band Director unless otherwise agreed in writing.
7) A late payment fee will be charged if clause 6 is not fulfilled. Reasonable expenses incurred in obtaining payment from The Client where any payment due is late may also be charged at the discretion of The Band Director.
8) Should The Client require The Band Director to register on any system; for example (but not limited to) payroll, security and procurement to carry out The Engagement or receive payment, a further £50 fee will be payable to cover the associated administrative costs.
9) In the event that The Client cancels The Engagement they will be liable to pay cancellation charges as follows:
a) Cancellation over 200 days prior to the Event Date: forfeiture of Deposit only. If a deposit has not been paid, a fee of £250 will be due at this stage to cover the charges described in clause 14.
b) Cancellation over 150 days prior to the Event Date: 25% of Performance Fee
c) Cancellation made 120-149 days prior to the Event Date: 50% of Performance Fee
d) Cancellation made 60-119 days prior to the Event Date: 75% of Performance Fee
e) Cancellation made less than 60 days prior to the Event Date: 100% of Performance Fee
10) The Client may cancel within 48 hours of making a booking and receive a refund of the Deposit (if requested). This clause does not apply if The Client books the band within 48 hours of The Engagement.
11) If The Client needs to reschedule or relocate The Engagement, and The Band cannot perform at the new time or place, this will be treated as a cancellation of these Terms and Conditions and the contract formed by the original Email trail and the terms in clause 9 will apply.
12) If The Client needs to reschedule or relocate The Engagement, and The Band agree to perform at the new time or place, The Band Director reserves the right to amend the Performance Fee to reflect this relocation / rescheduling. If The Client does not accept the amended Performance Fee then clause 9 will apply at the discretion of The Band Director.
13) In instances where a performance cannot take place due to a ‘Force Majeure Event’, these Terms and Conditions will be null and void. A Force Majeure Event, under these Terms and Conditions, occurs where a party is unable to comply with its obligations for reasons out of its control including natural disasters, severe weather conditions, government actions, war, terrorism, riots, strikes, death and acts of God.
14) At their discretion, the Band Director may ask for a deposit to be paid to confirm the booking. The Deposit covers the administration associated with but not limited to correspondence with The Client and The Venue, negotiating, the Email trail, Terms and Conditions, and the ongoing publicity leading to the booking being made by The Client. This is calculated as a flat fee payable on acceptance of these terms and conditions. As these costs are incurred by The Band Director upfront, the Deposit cannot typically be refunded in full, as the majority of the service(s) that it pays for has / have already been provided. However, if The Band Leader is able to refund any part of the Deposit (for example, due to having recovered part of it from another person, or from securing a new booking for the date of The Engagement if cancelled), he will do so. As per clause 10, if cancellation is made within 48 hours of booking, the Deposit will be refunded in full.
15) Unless agreed on the Email trail, the band will arrive a minimum of 30 minutes before their performance. It is normal for the band to take a break of 30 minutes between sets. The Client should take this into account when planning the arrival / departure times specified and agreed with The Band Director on the Email trail. If The Band is required to be at The Venue for longer than this, an additional charge will be payable by The Client, as agreed by the Band Director.
16) If the Venue provided by The Client is unable to accommodate The Band and The Band is unable to perform for this reason The Client will be liable for cancellation charges as outlined above in clause 9.
17) When performing outdoors, it is the responsibility of The Client to plan for inclement weather conditions e.g. rain or sun where there is not shelter or shade. Failure to plan for weather by The Client and The Venue will mean that The Band is unable to perform and The Client will be liable for cancellation charges as outlined above in clause 9. Under no circumstances are The Band, The Band Director or The Band Leader responsible for providing cover for weather; this is the collective responsibility of The Client and The Venue.
18) The Client shall provide a suitable performance area for The Band and ensure there is an adequate safe power supply which meets industry standards if electrical equipment is to be used as part of the performance (e.g. for PA / lighting). The performance area must be flat, dry and of sufficient size for The Band. The Band Leader will have the final say as to whether the performance area is suitable or not on the day of The Engagement. If the performance area is not suitable, The Client will be liable for cancellation charges as outlined above in clause 9.
19) Where The Band is expected to wear specific clothing, The Client must provide adequate dressing room facilities. Public toilets are unacceptable.
20) The Client agrees that if The Band is or feels threatened, abused verbally or physically by anyone present at the performance then The Band will be entitled not to perform, without penalty. The Performance Fee will remain payable by The Client.
21) The Client agrees that should professional photos and video be taken of The Band, these must be shared with the band following the event without rights or reservations as to their use online or otherwise. It is The Client’s responsibility to advise photographers and videographers of this prior to The Engagement. This supersedes any agreement with photographers and videographers as to the distribution of photos and video and no further permission will be requested prior to sharing these.
22) If The Client publicises The Engagement through press, posters or social media, The Band Director must approve any artwork, photos or audio / video material that mentions The Band. The Band’s logo and branding must not be used under any circumstances unless approved in writing by the Band Director.
23) The Client and / or The Venue must hold adequate insurance policies in respect of any Engagement.
24) The Client is responsible for obtaining any work permits or other approvals for The Band prior to the commencement of an Engagement.
25) If changes are required to the performance schedule on the day of the event these changes should be discussed with the Band Director where possible, otherwise agreement should be reached between the Client and The Band Leader on the day. The Client is reminded that it is extremely unlikely that extensions to performance times will be negotiable on the day of the engagement regardless of the reason why the event is running late.
26) In the event that The Band is unable to complete a performance due to a delay in the start of the performance schedule, where such delay is no fault of The Band, the Client shall remain liable to pay the full Performance Fee due.
27) Should The Band be requested to extend the length of their performance and agree to this, a further fee may be charged as agreed between The Client and The Band Leader.
28) The Band is not obligated to finish any performance that has started late due to The Client’s actions or to extend the length of any performance.
29) The Client is strongly advised to plan generously for any possible late running on the day in the Email trail. The Band Director, Band Leader and Band are very unlikely to be able to agree to extend the length of time spent at The Venue on the day outside of what has been agreed in the Email trail. Unless agreed otherwise, The Band will finish playing at and leave the venue shortly after the agreed finish time in the Email trail.
30) If, after the booking is confirmed, The Client requires The Band to arrive earlier than contracted, and The Band agrees, the Performance Fee will increase to account for The Band’s additional time at The Venue. This will be agreed between The Band Director and The Client prior to The Engagement.
31) Any changes to the performance schedule whether agreed in advance of The Engagement or on the day will be subject to these Terms and Conditions.
32) The Band will deliver the Performance in the manner, and at a volume, that suits the style of music that it performs. The volume and sound level of any equipment can be adjusted as The Client reasonably requests, should The Client request such an adjustment, or as The Venue may require. Where The Venue’s sound and volume requirements are not made known to the Band at the time of the booking, or where the Client requests the adjustment, the Band cannot guarantee the quality of the Performance, and there will be no reduction in, or refund of, The Performance Fee where quality is affected due to the Band complying with this clause. Any concerns over sound level should be brought to the attention of the Band Leader as soon as possible prior to and / or during The Engagement.
33) The Band Director is unable to risk assess aspects of The Band’s performance associated with The Venue. This remains the responsibility of The Client and The Venue. A risk assessment for the performance itself is available on request, as are PAT and PLI certificates.
34) The Client agrees that the equipment and instruments of The Band are not available for use by any other person, except by specific permission of The Band.
35) The Client will take reasonable steps to prevent:
a) the use of the The Band’s equipment and instruments by other performers or persons without the consent of the The Band
b) the loss, damage or theft of The Band’s equipment and instruments by The Client or its guests or agents for the duration of time that the Band is at the Venue
c) aggressive or abusive behaviour towards the Band by The Client or its guests and agents and, should such behaviour occur, The Client will remove the perpetrator.
The Band Leader may, at his option, treat the Client’s breach of this clause 35 as a cancellation by the Client under clause 9. In addition to any other charges due under clause 9, the Client will be responsible for:
a) the reasonable cost of repairing any damage to, or replacing any, property of The Band (to the extent that such cost is not covered by The Band’s insurance policies); and
b) any loss of revenue actually suffered by The Band, that arises as a direct consequence of the Client’s failure to comply with this clause 35 (to the extent that such loss of revenue is not covered by The Band’s insurance policies). It is expected that The Band would pursue damages with The Client under clause 23 in these circumstances.
36) The Band’s policy is to avoid directly contacting corporate clients on the day of the event unless absolutely required, and to make arrangements with The Venue directly on arrival as agreed with The Client for The Engagement. In the event of an issue associated with The Engagement, we strongly advise supplying an ‘on the day contact’ on the Email trail who will be contacted by The Band Leader in the event of any issues.
37) Roaming performances are to be arranged prior to The Engagement only. Roaming is available for specific repertoire and through negotiation with The Band Director only.
38) Arrangements of songs not already on the band set list will be subject to an additional fee per song, which will be confirmed by the Band Director.
39) The Band prefer to choose their own set lists. The Band Director will invite The Client to specify songs from The Band’s repertoire which should not be played. The Client is also encouraged to suggest songs from The Band’s repertoire that they would like to be played. The Band Leader will accommodate some of the preferred songs when putting the set list together. The order of songs in sets will be decided by The Band Leader.
40) The Band Director will book appropriate musicians for The Engagement to form The Band. The musicians in The Band’s publicity material vary; The Band’s line up may change depending on musicians’ respective suitability for The Engagement.
41) These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral and shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Flat Cap Brass 