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DTI Regulations provide that every entertainment agency and business must publish its Terms of Business. It is a criminal offence to offer to supply entertainers without first making you aware of our current terms.
Please read Music for Scotland’s Terms and Conditions thoroughly before either making a booking or joining our agency.
Music for Scotland is an Employment Agency but, under certain conditions, may act as an Employment Business. Music for scotland limits its obligations to those contained in The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Business As an Employment Agency, Music for scotland acts as an "Agent" and negotiates a contract between the "Client" and the "Artiste". It acts as a negotiator in all contracts, advising and safe-guarding the interests of both parties, and cannot be held responsible for breach of contract by the Client or Artiste for whatever cause arising.
In some cases, when dealing with Companies or Organisations, Music for Scotland will act as an Employment Business and is party to the contract as the supplier of entertainment. This is usually where a Company or Organisation requires to be sent an invoice for the Entertainment. In which case, Music for scotland will invoice the Client directly.
The purpose of the written contract is to confirm the details of the engagement, not to secure the engagement. Any agreed booking (whether by written, verbal or electronic means) will constitute a legally binding contract which incorporates the following non-negotiable terms and conditions of booking. By signing the contract, both the ‘hirer’ and ‘entertainer’ agree to be bound by its contents. Non-completion or non-return of the contract does not therefore terminate the original agreement.
All definitions refer to the content of the entertainment contract and this terms and conditions document. An agreement was made on the date shown in ‘the agreement’ between ‘the hirer’ of the one part and ‘the entertainer’ of the other part, negotiated by Music for Scotland (herein referred to as the ‘agent’). The ‘hirer’ engages the ‘entertainer’ to provide the combination of musicians (‘the band’) outlined in ‘the performance’, appearing as the act named in ‘the performance’ to perform for the event outlined in ‘the event’ on the date(s) specified in ‘the performance’ and at the fee(s) specified in ‘the fees’. The ‘agent’ does not employ the ‘entertainer’, nor does the ‘hirer’ employ the ‘agent’. The ‘agent’ acts as negotiator in all contracts and cannot be held responsible for non-fulfilment of bookings.
2. Booking the Entertainer
Copies of the contract will be sent to both the ‘hirer’ and the ‘entertainer’ by the ‘agent’ once the booking has been confirmed by both the ‘hirer’ and the ‘entertainer’. The ‘hirer’ and the ‘entertainer’ both agree that their written, verbal or electronic confirmation of the booking will confirm their acceptance of these terms and conditions. A copy of the contract must be signed by the ‘hirer’ and returned to the ‘agent’ along with the (non-refundable) booking fee within 7 days of issue. A copy of the contract must also be signed by the ‘entertainer’ and returned to the ‘agent’ within 7 days of issue.
3. Cancellation or Variation of contract
This agreement may not be modified or cancelled except by mutual consent in writing and signed by both the ‘hirer’ and the ‘entertainer’. Any such modification or cancellation shall not prejudice the right to payment of the musicians engaged by the entertainer. Any modifications made must be agreed upon in writing by the ‘agent’.
The signed contracts and non-refundable booking fee must be returned to ‘the agent’ within 7 days of issue. Where the booking fee is being paid by cheque, this should be made payable to Music for Scotland. Unless otherwise agreed in writing by the ‘agent’, the balance of the performance fee is payable in cash to the ‘entertainer’ (or other person nominated by the ‘entertainer’) prior to the performance on the day of the event.
5. Additional Expenses
Unless otherwise specified, the quote by the ‘agent’ for the performance by the ‘entertainer’ will include travel expenses, hire of P.A. system (if required) hire of lighting (if required) and interval music services (if required). If any additional expenses will be incurred (for instance taxis, food, rehearsal time, hotels, flights, parking etc.) these should be mutually agreed in writing before the date of performance and an amended total fee agreed.
6. Late payment - Booking Fee
The ‘agent’ reserves the right to re-engage the ‘entertainer’ on other engagements where the booking fee has not been received within 7 days of issue of the written contract and an alternative payment schedule has not been agreed between the ‘agent’ and the ‘hirer.’ In this event, the ‘agent’ will inform the ‘hirer’ of this intention. The cancellation provisions in clause 11 of these terms and conditions will still apply.
7. Late payment - Balance
In the event of failure by the ‘hirer’ to pay the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) the balance of the performance fee in the terms stipulated on the contract, a late payment administration fee of £50 will be charged to the ‘hirer.’ This is payable to the ‘entertainer’ within 14 days of the date of performance. Where the outstanding balance has not been paid within 14 days, recovery proceedings may be instigated via legal process or through a third party debt recovery company. The collection of fees due to the ‘entertainer’ is the responsibility of the ‘entertainer’ unless otherwise agreed in writing with the ‘agent’ prior to the event, and if so agreed only when the ‘agent’ has received payment from ‘the client’ prior to the event.
8. Contractual Alterations on the day
In the event of any unavoidable changes to the contract schedule on the day of the event, these should where possible be agreed between the ‘hirer’ and the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) prior to the performance. Such changes will be subject to these terms and conditions and should be confirmed in writing before a third party witness. If the changes result in additional costs to the ‘hirer’ the additional costs must be paid in full to the ‘entertainer’ (or spokesperson for the ‘entertainer’ as aforementioned) on the day of the performance along with the balance. Full responsibility for collection of these further charges is accepted by the ‘entertainer’ and a standard commission payable to the ‘agent’ of 20% will apply (unless otherwise agreed). The said commission must be sent by the ‘entertainer’ to the ‘agent’ within 7 days, and all such additional moneys collected by the ‘entertainer’ must be disclosed to the ‘agent.’ No liability for agreement reached between the ‘hirer’ and the ‘entertainer’ is accepted by the ‘agent’ unless written confirmation is provided by the ‘agent.’
8.1 Schedule changes
If the start of a performance is delayed through the fault of the ‘hirer’ or venue, the performance length may need to be altered. Where the ‘entertainer’ is unable to perform for the full period of time stated in the contract, no reduction in the fee will be given. Where the delay is attributable to the ‘hirer’ or venue. there is no obligation on the band to perform later than the finish time stated in the contract. Where delay has occurred, if the total length of the performance (being the duration of the performance as stated in the contract together with a minimum break of 30 minutes in length) would then result in a finish time which is 15 minutes beyond the contracted finish time, the ‘entertainer’ has the right to conclude the performance at the time stipulated in the contract. In the event of the ‘entertainer’ and the ‘hirer’ both agreeing to a finish time which is later than that stated in the contract a late finish fee will be charged (see section 8.2 below). Where the ‘hirer’ wishes to claim a reduction in the fee due to reflect changes to performance length caused through the fault of the ‘entertainer’, this should be mutually agreed between the ‘hirer’ and the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) and confirmed in writing on the day of the event before a third party witness.
8.2 Fees - late finish
If the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) is asked to finish later than the finish time stated in the contract, a ‘late finish’ fee of £75 per half hour will be charged. This is payable by the ‘hirer’ in cash on the day of the event unless otherwise agreed between the ‘hirer’ and the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned). If a late finish is mutually agreed, it is the responsibility of the ‘hirer’ to ensure that the venue has a suitable licence in place to allow the performance to continue beyond the time stated in the contract.
8.3 Fees - extended performance
An ‘extended performance fee’ will apply if the ‘entertainer’ is requested by the ‘hirer’ on the day of the event to perform for longer than the performance time contained in the contract. An example would be a request by the ‘hirer’ that the ‘entertainer’ perform a 60 minute set rather than a 30 minute set, which the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) agrees to. The applicable fee is £75 per 30 minutes extended and this is payable by the ‘hirer’ in cash on the day of the event.
9. Requirements of the Entertainer
The ‘hirer’ must ensure i) that a safe power source and sufficient power outlets (minimum 4 x 13 Amp sockets; 2 at either side of the staging area for non-acoustic acts) are provided and ii) that all local authority regulations are adhered to. The ‘entertainer’ should inform the ‘hirer’ in advance of any additional power requirements.
The ‘entertainer’ accepts full responsibility for any damage, loss or injury caused to the ‘hirer’s venue or guests / customers arising from their equipment or unprofessional behaviour. The ‘entertainer’ must ensure that all equipment used meets the statutory health and safety requirements. The ‘hirer’ accepts full responsibility for any damage or injury caused to the ‘entertainer’, their musicians or their equipment through the fault of the venue or ‘hirer’s’ guests / customers. The ‘entertainer’s’ equipment and instruments may not be used by other performers or persons except by written permission of the ‘entertainer’ (or nominated spokesperson for ‘the entertainer’ as aforementioned).
The Artist accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of £1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment.
9.3 Changing and storage areas
The ‘hirer’ will ensure that a suitable room exists at the venue for the use of the ‘entertainer’ and their musicians to change in and store equipment during the performance.
9.6 Venue considerations
The ‘hirer’ will ensure that the performance venue i) is willing to accommodate the chosen live music performers and has suitable performance licences in place and ii) will provide a safe performance area. The ‘hirer’ will disclose all relevant information ‘entertainer’ prior to booking confirmation.
10. Early set-up
Normal set-up times for the ‘entertainer’ is 60 minutes (for non-acoustic acts) or 30 minutes (for acoustic acts) - for instance a 7pm arrival for a band performing at 8pm or 7.30pm arrival for a string quartet performing at 8pm. This time is required to enable equipment to be set up and sound-checked and to allow the ‘entertainer’ and other musicians time to change into appropriate dress. If the ‘hirer’ requires a longer period between arrival and performance, an additional early set-up fee of £15 per person per hour (or part hour) will apply unless otherwise agreed. If the ‘hirer’s’ request for an early set up time is not submitted until after completion of the contract, the ‘entertainer’ may be unable to agree to an early set up time. If early set up is agreed, the ‘hirer’ agrees to pay the aforementioned fee to the ‘entertainer’ (or nominated spokesperson for the ‘entertainer’ as aforementioned) in addition to the total fee on the day of the event.
Cancellation of the contract by either the ‘hirer’ or the ‘entertainer’ must be intimated in writing. Please note the provisions of clause 3. above (Cancellation or variation of the contract) which state that any changes to the contract must be mutually agreed in writing. The cancellation procedure applies to confirmation of bookings made by verbal and electronic means as well as written confirmation and non-signature of the contract is not sufficient to cancel this agreement. All booking fees are non-refundable. If the ‘hirer’ wishes to cancel the booking, the ‘hirer’ agrees to inform the ‘agent’ immediately. The ‘agent’ will attempt to re-engage the ‘entertainer’ for the date of the performance, but depending on the notice period given by the ‘hirer’ this may not be possible. The cancellation fee applicable will therefore be determined by the notice period given for cancellation, and the ability to re-engage the ‘entertainer’ on the cancelled date. Please see contract for details of cancellation fees. The cancellation fee required in order to release the ‘hirer’ from this contract must be mutually agreed between both the ‘hirer’ and the ‘entertainer’, negotiated by the ‘agent’. If necessary, the ‘entertainer’ also agrees to pay to the ‘agent’ any difference between the original booking fee and the fee charged by any replacement entertainer provided by the ‘agent’. All outstanding fees must be paid to the ‘agent’ within 14 days of the date of cancellation of the contract.
12. Use of alternative (‘dep’ or ‘deputy’) musicians
Except in the case of unforeseen circumstances, the musicians advertised to the ‘hirer’ will perform along with the ‘entertainer.’ In unforeseen circumstances, it may be necessary to use alternative (‘dep’) musicians. The ‘entertainer’ reserves the right to use a ‘dep’ musicians if the need arises. The use of ‘dep’ musicians does not constitute grounds for cancellation and the fee will not be reduced if such musicians are used.
13. Obligations as to performance
13.1 The ‘entertainer’ will provide a performance that is reflective of the ‘entertainer’s' promotional materials and/or audio/video samples. The ‘entertainer’ will be polite and courteous with the ‘hirer’, their guests and all venue staff and adhere to the ‘hirer’s' reasonable requests.
13.2 Unless otherwise stated in the contract, the ‘entertainer’ will provide all equipment necessary for the performance. The ‘entertainer’s will ensure the all such equipment used is in good working order and carries all necessary insurance and certification.
13.3 The ‘entertainer’ will not:- i) engage in the excessive consumption of alcohol before, during and after the performance and at all times when the ‘hirer’ or their guests are present ii) partake of any illegal drug on the day of the event, whilst at the event venue, or whilst in the presence of the ‘hirer’, their guests, venue staff or other associated suppliers or entertainers iii) smoke in restricted areas or park their vehicles in restricted areas at the performance venue iv) display any conduct deemed antisocial, illegal, nor reflecting badly upon themselves, the ‘agent’, or the ‘hirer’.
13.4 Where reasonably requested to do so by the ‘hirer’, the ‘entertainer’ agrees to adjust the volume of any equipment.
13.5 At the time of agreeing to or signing this contract, the 'entertainer' will not be under any contract to a third party which may prevent them from fulfilling the engagement.
13.6 Business cards or promotional materials or the 'entertainer' will not be circulated by the ‘entertainer’ (or any members of the ‘entertainer’s party). Any person asking for such materials should be referred to the ‘agent’. Any other action will contravene the terms of this contract, and if any ‘entertainer’ (or any members of the ‘entertainer’s party) is found to have breached this condition then they will cease to be used by the ‘agent’.
13.7 Except with the express consent of the 'hirer' (or where the wearing of certain attire is deemed to be a necessary part of their act) the ‘entertainer’ will be suitably and tidily dressed during their performance.
13.8 The 'agent' does not employ the ‘entertainer’ and the 'entertainer' is responsible for his/her own accounting and payment of tax, VAT and National Insurance contributions.
14. ‘Force Majeure’
On or before the date of the event, if a situation arises which renders the agreement impossible to fulfil (not attributable to any act or failure to take preventive action by the ‘entertainer’ or ‘hirer’), the ‘entertainer’ or ‘hirer’ may cancel the performance without penalty other than loss of any booking fee already paid.
15. Complaints procedure
If a dispute or complaint from either party arises, this must be submitted to the 'agent' in writing within 30 days of the event. If the matter cannot be resolved, both parties should seek legal advice. Payment must not be withheld from the ‘leader’ as late payment fees may be applicable under clause 7 of these terms and conditions.
16. Artistes Cancellation
The artiste will be able to terminate this contract only in the occurance of Force majeure Event (See Clause 14 for full definition). Where an artiste has cancelled the booking, previously confirmed either verbally, electronically or in writing (non –return or non –completion of the contract does not terminate the agreement) , Music for scotland Ltd (the agent) will inform the Hirer with immediate effect and endeavour to find a replacement act . Where the client has agreed to a replacement act , a new contract will be issued to the Hirer and Artiste to reflect the new booking. In the event of the client being unable to agree to any of the acts put forward by Music for Scotland Ltd the agency will refund all deposits made by the client within 5 working days. If the Artiste cancels for any other reason not covered in Clause 14, Force Majeure Event, the Artiste shall pay within 5 working days to Music For Scotland Ltd an administration fee equal to the deposit refunded to the client, unless the client has agreed to a replacement act of a similar value. Any outstanding payments due by the Artiste to Music for Scotland Ltd will be referred to Music for Scotland Ltd Debt Recovery Company and a surcharge of 20% plus V.A.T will be added to cover collection costs and will be the responsibility of the Artiste.