Terms and Conditions - explained in detail
It's a strange business that we are in. We have played every type of gig imaginable, from the very large to the very small, and inevitably we have come up against some challenging circumstances. We receive many enquiries, and take many bookings from all kinds of people from all walks of life. Thankfully, the vast majority of those people are absolutely lovely to work with and everything runs like clockwork. Unfortunately, there have been a few occasions when things haven't gone quite to plan, and therefore we have no choice but to safeguard everyone's interests and to try to protect ourselves from any kind of problems arising.
These Terms and Conditions have had to be applied to every booking because of the actions of a few. Here, we explain why they are in place.
OUR TERMS AND CONDITIONS - EXPLAINED!
1.Client Cancellation of the Contract shall be as follows;
a) More than 30 days from the performance date; 100% of any deposit paid (where applicable.)
b) Between 22-30 days from the performance date; 25% of the full fee.
c) Between 15-21 days from the performance date; 50% of the full fee.
d) Between 8-14 days from the performance date; 75% of the full fee.
e) Between 1-7 days from the performance date; 100% full fee will be payable.
1: Explained = When we take a booking, we secure it with a deposit. At that point, we mark the date on our web calendar as unavailable to other clients. As most bookings are taken a fair time in advance of the date, this often means that many visitors to our site will check availability and not even make contact if their preferred date is taken. This means that if a cancellation is made by the client who booked us, it may be too late for us to get another booking for that same date. This is our profession, our job, how we make a living. Cancellation fees are put in place to protect us from losing work.
2. The artiste/s agrees that the fee is inclusive of all expenses, holiday entitlements, travelling expenses to and from the venue and covers any payments whatsoever due to other members of the band or unit unless otherwise detailed within this contract.
2: EXPLAINED = The price we quote is the price you pay. No more, no less. This is not subject to VAT as we are not VAT registered.
3. The artiste reserves the right to cancel at short notice without compensation in any form owed to the client. In the unlikely event of this happening the artist will endeavour to supply alternative high quality live entertainment on the performance date at the agreed original fee.
3: EXPLAINED = This clause HAS to be in every contract, simply because anything COULD happen to us at any time - we are not immortal! Since 2001, we have been forced to cancel a total of just 4 shows, through illness only, and we do have to be REALLY ill to cancel. Of course, we are singers - and we simply couldn't sing if we were to have lost our voices, we couldn't dance with a broken leg and we couldn't necessarily arrive on time if we were to break down on the motorway. We take every precaution against having to cancel, but naturally we can never say for certain that it won't happen. If it does, we will liaise with you, the customer, to work out the best way forward. We also work alongside many other great artists (including other Blues Brothers Tribute Bands) who could possibly cover for us. Whenever it can be avoided, we don't let people down - we know and understand how important it is to you!
4. The artiste/s warrants that all equipment is in good working order, and fit for its purpose, and that no part of the performance is likely to be a danger to the artiste/s or any other person/s. All equipment used by The Artiste will be PAT tested to UK regulations.
4:EXPLAINED - PAT testing is a requirement that many venues insist we comply with, and ask to see certificates for beforehand. This means we take all of our equipment, leads and electrical items to be tested annually for safety in line with UK legislation.
5. The adjustment of the volume and sound level of any equipment shall be as the client reasonably requires (see appendix 15).
5: EXPLAINED = It's your event, not ours. We don't set out to deafen people and are happy to adjust volume levels whenever possible to suit everyone; although of course it is a live show, and a certain level of volume is necessary for it to have any 'impact' and be performed as intended.
We are happy to comply with your requirements, but remember - a drum kit is as loud as , well, a drum kit! On the odd occasion we have been asked to reduce volume levels to such an extent that we could hear our own voices (naturally, without the PA system) at a louder volume than they were coming through the PA system. In turn, this lost all of the impact of the show as it was intended. Let's work together - but if you're booking a live band, than we strongly recommend that you make certain this is what you want - if it's going to be too loud, perhaps consider an alternative option!
6. No fee shall be payable to the artiste/s for any day upon which this engagement shall be suspended by reason of Royal Demise, National Mourning, Fire, Epidemic, War, Strikes, or by reason of order of any Licensing or Public Authority.
6:EXPLAINED = If we (or you) are forced to cancel a booking through the exceptional circumstances listed above, no fee will be payable by either the artiste or the client, and any deposit paid will be refunded in full.
7. The artiste/s at the time of signing or presenting this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
7:Explained = If we say we are available at the time of booking, we ARE available. We will NEVER cancel a scheduled booking to take a different booking -but we have been made aware of other acts who do exactly that.......
8. Artiste/s shall be suitably and tidily dressed during their performance, and dressed appropriately for the occasion.
8:Explained = If your occasion is a formal one, such as a wedding, all band members will be dressed suitably for that occasion even when not on stage.
It's important to look good at all times, and it's professional too. Not all acts consider this!
9. The Artiste/s are responsible for their own TAX & N.I. contributions.
9:Explained = The price we quote is the price you pay - we are responsible for everything else, we work on a self-employed basis.
10. The client / venue shall be responsible for the provision of a safe mains electricity supply in the performing area.
10:Explained = If in doubt, contact your venue first. In the past, we've been asked to plug our equipment into sockets that are literally hanging off the wall, broken and worse. We won't take the risk - for both our own safety and the safeguarding of our equipment. If we are asked to play outdoor events which are running from a generator, the generator needs to be of CONTINUOUS REGULATED VOLTAGE with no fluctuation - This is expensive audio equipment, it doesn't work in the same way as power tools and requires a stable power source.
11. All deposits paid are non-refundable, except in the event of cancellation of the contract on the part of the artiste.
11:EXPLAINED = All bookings need a deposit to secure them. This is a non-refundable fee, because we mark the date as unavailable to other potential clients, and we ask our musicians to do the same in their own diaries so they often refuse other work too. In the event of re-scheduling a date, we are happy to carry the deposit across from the original date to the new date.
12. The artiste accepts no responsibility for non-fulfilment of contract, but every safeguard is assured.
12:EXPLAINED (SEE 3:EXPLAINED)
13. This contract reflecting the terms and conditions as verbally agreed, and read by the client, shall be deemed accepted and binding only when either;
a) The client pays a deposit for the booking and the contract has been agreed to and signed within 7 days
b) It is not exchanged within the prescribed 7 days and yet no written objection has been made within its period.
13:EXPLAINED = OK, an important one, this. EVERY booking, whether made by telephone or internet, is booked in agreement to the TERMS and CONDITIONS listed on this site. This acts as your contract - our internet enquiry form has a tick box stating that you have read and agreed to the T&C's and understand them. When you pay a deposit, that's a booking confirmed. If you don't write to us with any objections within 7 days of making the booking, these terms are binding, regardless or not of whether a contract has been signed.
14. All bookings made by PUBS, CLUBS and other ENTERTAINMENT venues engage this contract as being between the Artiste and THE VENUE as their client, not the manager, entertainments officer or similar person employed by THE VENUE, or booking on behalf of the venue, irrespective of any change of management / booking agent / employee at a venue. Therefore, if a venue should change hands / management / staff between the time of the booking being made and the performance date, THE VENUE should at all times be made aware of this contract by the departing staff, management or employee, as the terms and conditions stated above will still be applicable and the contract withstanding.
14:EXPLAINED = In the past we have arrived at a venue to be told that 'the person who booked us no longer works here' or 'the management has changed hands' etc, and that we are cancelled. Therefore it is the responsibility of the booker to ensure that if they are representing a venue, the venue is made aware that the contract is between the artiste and THE VENUE (who is named as The Client) and not the person who booked us. It's not good to travel 200 miles to be told 'you're cancelled', or 'didn't know anything about it' - its a loss of revenue and income for which we hold the venue responsible.
15. Any outdoor / outside performances will require the client / venue to provide a suitable 13a / 16a power supply (some generators will NOT be suitable, please check with us first) and adequate cover / shelter from the weather / elements for our equipment. The All New Blues and Soul Revue reserves the right to refuse to perform if adequate protection / shelter / power supply is not provided by you, the client, and full payment fee will still be applicable.
15:EXPLAINED = We have the right to protect both ourselves and our (very expensive) equipment from accidents / damage, and if we feel that a situation is unsafe for us to perform, or could be hazardous to our band members or equipment, we reserve the right to refuse to perform until this has been rectified by the client. The best liability insurance is to minimise the risk of any liability claim.
16. Sound / Noise limiters - The artiste/s ultimately reserve the right to decline to perform if the venue has installed a sound / noise limiter, which could potentially damage their musical equipment by cutting the power source abruptly. If in any doubt, please check this with your designated venue beforehand. A certificate of calibration for any sound / noise limiter should be produced by the venue / client at the request of the artiste, to demonstrate that it has been professionally installed and calibrated by an audio engineer, and not simply installed 'straight out of the box' by an electrician. The artiste will carry a calibrated decibel meter to monitor sound pressure levels and will set volumes to comply with local authority determined noise regulations using this device as a meter, and not by using a sound limiting device as a meter. If a venue insist that we play through such a device, we will require evidence of the local authority determined sound levels and their locations in order to comply. Our sound levels will be set during sound check and we shall not exceed these levels during the performance. Additional noise i.e crowd / audience noise is not the responsibility of the artiste. In the event of the venue insisting we play through the sound limiter circuit, and having no documentation to support the recommended sound levels / locations / limiter calibration etc, the artiste reserves the right to refuse performance, and the full performance fee will still apply.
16:EXPLAINED = Sound limiters are the bane of musician's lives. Their legality is currently under investigation by the Musician's Union. If we deem a sound limiter to be so sensitive that it prevents us from working to our expected level of performance, or set at a level whereby it cuts the power to the stage much too frequently, we will ask the venue if we can bypass it. If they refuse, we will ask for a certificate of calibration from the installation. If this cannot be produced, we will try to perform until it is made impossible. To give guidance on decibel levels and sound limiters, please see the picture below. We HIGHLY RECOMMEND you talk to your venue to ask oif they have a sound limiter, and consider why they have been asked to have one installed; it's often because complaints about sound levels from bands have been lodges by nearby residents, or because a Local Authority will only grant a venue it's licvense on the premise that a Sound Limiter is installed. This has even been the case in remote country venues we have performed at before now, where there are no nearby residents! SEE THE DIAGRAM ON THE RIGHT HAND SIDE OF THIS PAGE FOR MORE INFORMATION ABOUT SOUND LEVELS.
17. It is the sole responsibility of the booker / client to ensure that the venue is aware of the terms and conditions set out within this contract before the date of the event.
17:EXPLAINED = See Clause 14
18. The client / venue agree to provide for the artiste at all bookings:
a) a lockable changing room / area. A toilet, cupboard , store room or similar will NOT be sufficient.
b) A light meal / snack i.e sandwiches and soft drinks for all band members
c) An area for the artiste to relax before the performance - we often are waiting for several hours between arriving at a venue and beginning a performance.
18:EXPLAINED = a) We need a changing room to store our personal possessions whilst we are performing, which is why we ask that it is lockable / secure. If this is not possible please let us know prior to the date of performance so we can make alternative arrangements.
b) We musicians are humans too! We often arrive early to set up and don't get the opportunity to eat unless the client can supply us with a light bite. We ask that sandwiches or similar are supplied for all band members on all gigs (three sandwiches will not feed an 11-piece band! )
c) An area for us to be away from the event but at hand to help if needed. It's no fun being sat in the van for 5 hours!
19. Payment is due in full and this contract deemed as fulfilled once the artiste has arrived at the venue and set their equipment up, NOT once the performance is complete.
19:EXPLAINED = The Contract is deemed as fulfilled by the artiste once the equipment is in place and ready top perform. All clients book us on the basis that they have seen our videos and gallery, read our testimonials and that has concluded that we are the band they would like at their event.
If you have any questions regarding these Terms and Conditions, please just call us on 07766 312374. They are in place so misunderstandings do not occur between the artiste and the client. We are here to help, always, and will always do our utmost to find means to compromise if circumstances dictate.